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Interviews with Scholars of the Law about their New Books

Marshall Poe


    • Nov 29, 2021 LATEST EPISODE
    • weekdays NEW EPISODES
    • 56m AVG DURATION
    • 878 EPISODES


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    Latest episodes from New Books in Law

    Margaret D. Jacobs, "After One Hundred Winters: In Search of Reconciliation on America's Stolen Lands" (Princeton UP, 2021)

    Play Episode Listen Later Nov 29, 2021 69:20

    After One Hundred Winters: In Search of Reconciliation on America's Stolen Lands (Princeton UP, 2021) confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it. Jacobs traces the brutal legacy of systemic racial injustice to Indigenous people that has endured since the nation's founding. Explaining how early attempts at reconciliation succeeded only in robbing tribal nations of their land and forcing their children into abusive boarding schools, she shows that true reconciliation must emerge through Indigenous leadership and sustained relationships between Indigenous and non-Indigenous people that are rooted in specific places and histories. In the absence of an official apology and a federal Truth and Reconciliation Commission, ordinary people are creating a movement for transformative reconciliation that puts Indigenous land rights, sovereignty, and values at the forefront. With historical sensitivity and an eye to the future, Jacobs urges us to face our past and learn from it, and once we have done so, to redress past abuses. Drawing on dozens of interviews, After One Hundred Winters reveals how Indigenous people and settlers in America today, despite their troubled history, are finding unexpected gifts in reconciliation. Brady McCartney is a scholar of religion, history, and environmental studies at the University of Florida. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Eric Berkowitz, "Dangerous Ideas: A Brief History of Censorship in the West from the Ancients to Fake News" (Beacon Press, 2021)

    Play Episode Listen Later Nov 29, 2021 35:35

    Eric Berkowitz has written a short history of a censorship, a large topic that has been a phenomenon since the advent of recorded history. In Dangerous Ideas: A Brief History of Censorship in the West from the Ancients to Fake News (Beacon Press, 2021), Berkowitz reviews the motives and methods of governments, religious authorities, and private citizens to quell freedom of thought and expression. One theme Berkowitz reveals is how ineffective many censorship efforts have been. For example, after the printing press multiplied the sources available to readers and the opportunities for the Church and governments to suppress books and pamphlets, the attempts to censor speech served to heighten interest and encourage more dissent, creating profitable black markets for forbidden topics. Some publishers actually encouraged authors to write something likely to be forbidden. Yet, Berkowitz forthrightly acknowledges the dangers under which free thinker have lived and continue to live in our contemporary world. The dangers of daring to express oneself are present not only in authoritarian polities but in our own, and Berkowitz's history seeks to reveal the common motives of censors and their targets. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Oliver Rollins, "Conviction: The Making and Unmaking of the Violent Brain" (Stanford UP, 2021)

    Play Episode Listen Later Nov 26, 2021 75:39

    Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a natureandnurture, biological and social, stance that allows it to avoid the pitfalls of the past.  In Conviction: The Making and Unmaking of the Violent Brain (Stanford UP, 2021), Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 80s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain--or a brain that bears the marks of predisposition towards "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality. C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Daniel Lee, "The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations" (Oxford UP, 2021)

    Play Episode Listen Later Nov 24, 2021 64:13

    Sovereignty is the vital organizing principle of modern international law. Daniel Lee's book The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations (Oxford UP, 2021) examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law. Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King's College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Rana M. Jaleel, "The Work of Rape" (Duke UP, 2021)

    Play Episode Listen Later Nov 24, 2021 36:31

    In The Work of Rape (Duke UP, 2021), Rana M. Jaleel argues that the redefinition of sexual violence within international law as a war crime, crime against humanity, and genocide owes a disturbing and unacknowledged debt to power and knowledge achieved from racial, imperial, and settler colonial domination. Prioritizing critiques of racial capitalism from women of color, Indigenous, queer, trans, and Global South perspectives, Jaleel reorients how violence is socially defined and distributed through legal definitions of rape. From Cold War conflicts in Latin America, the 1990s ethnic wars in Rwanda and Yugoslavia, and the War on Terror to ongoing debates about sexual assault on college campuses, Jaleel considers how legal and social iterations of rape and the terms that define it—consent, force, coercion—are unstable indexes and abstractions of social difference that mediate racial and colonial positionalities. Jaleel traces how post-Cold War orders of global security and governance simultaneously transform the meaning of sexualized violence, extend US empire, and disavow legacies of enslavement, Indigenous dispossession, and racialized violence within the United States. Work of Rape is the recipient of Duke University Press Scholars of Color First Book Award. Rana M. Jaleel is Associate Professor in the Department of Gender, Sexuality, and Women's Studies at the University of California, Davis, where she is also the Faculty Advisor for the Sexuality Studies Minor. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Craig W. Stevens, "The Drug Expert: A Practical Guide to the Impact of Drug Use in Legal Proceedings" (Academic Press, 2020)

    Play Episode Listen Later Nov 24, 2021 57:06

    Craig W. Stevens' book The Drug Expert: A Practical Guide to the Impact of Drug Use in Legal Proceedings (Academic Press, 2021) targets academic and industry pharmacologists, pharmacology graduate students, and professionals and students of affiliated disciplines, such as pharmacy and toxicology. Users will find it to be an invaluable reference for those involved in the field. In addition, pharmacists and others who increasingly serve as expert witnesses and toxicologists will find an array of very useful information. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Jessie Barton-Hronešová, "The Struggle for Redress: Victim Capital in Bosnia and Herzegovina" (Palgrave Macmillan, 2020)

    Play Episode Listen Later Nov 24, 2021 65:07

    In Jessie Barton Hronešová's new book, The Struggle of Redress: Victim Capital in Bosnia and Herzegovina (Palgrave Macmillan, 2020), she explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war —families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992–1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. Jessie Barton Hronešová is currently a Marie Sklodowska-Curie Global Fellow at UNC-Chapel Hill and Ca' Foscari University. Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Steven P. Brown, "Alabama Justice: The Cases and Faces That Changed a Nation" (U Alabama Press, 2020)

    Play Episode Listen Later Nov 23, 2021 38:45

    Steven P. Brown, professor of political science at Auburn University, has written a history of notable U.S. Supreme Cases and justices that hailed from Alabama. In Alabama Justice: The Cases and Faces That Changed a Nation (U Alabama Press, 2020), Brown reviews eight landmark cases which originated in Alabama and were eventually reviewed by the U.S. Supreme Court. Although most of these cases were reflective of the civil rights issues endemic to Alabama and other states in the American South of the mid-twentieth century, not all are race related. For example, a notable gender equity case, Frontiero v. Richardson, which was concerned with benefits discrimination based on gender, was an important decision in the history of women's rights. Brown also reviews the lives and times of three Supreme Court justices, John McKinley, John Archibald Campbell, and Hugo Black. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Radha Kumar, "Police Matters: The Everyday State and Caste Politics in South India, 1900–1975" (Cornell UP, 2021)

    Play Episode Listen Later Nov 23, 2021 64:27

    Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing.  Radha Kumar is Assistant Professor of History at the Maxwell School in Syracuse University. Dr. Kumar holds a PhD in History from Princeton University, where she specialized in Modern South Asian Studies. She has conducted archival research in a range of cities including Madurai, Tirunelveli, Bangalore, Chennai, Delhi, and London, and was supported by the History Department at Princeton University and by the Princeton Institute for International and Regional Studies. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Vlad Solomon, "State Surveillance, Political Policing and Counter-Terrorism in Britain, 1880-1914" (Boydell Press, 2021)

    Play Episode Listen Later Nov 22, 2021 55:04


    In 1850 Charles Dickens wrote that Great Britain had “no political police,” adding that “the most rabid demagogue” could speak out “without the terror of an organised spy system.” In his book State Surveillance, Political Policing, and Counter-Terrorism in Britain: 1880-1914 (Boydell Press, 2021), Vlad Solomon describes how Britain gradually developed a system of “high policing” during the late Victorian and Edwardian eras that contradicted Britons' popular belief in their tolerant society. As Solomon demonstrates, contrary to Dickens's blithe assurance, Britain had irregularly employed political policing prior to the 1880s. The threat posed by Fenian terrorism, however, compelled the British home secretary, William Harcourt, to create a specialized section of the London Metropolitan Police in response. This evolved into Special Branch, which subsequently found its remit expanded to include monitoring political radicals, aliens, and even militant suffragists. Yet despite their increased range of duties, the number of detectives assigned to such tasks remained limited until espionage concerns and the prospect of war prompted the government to overhaul political policing with the creation of a new agency – the future MI5 – in order to provide more effective monitoring of the political threats facing the country. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Postscript: The Supreme Court, Concealed Carry, and How Your Laws Might Change

    Play Episode Listen Later Nov 22, 2021 54:48

    An earlier Postscript explained what was at stake for concealed carry laws in a case before the U.S. Supreme Court – and guessed at what the oral arguments might reveal. Now that arguments have been heard in New York State Rifle & Pistol Association v. Bruen, three legal scholars join the podcast to analyze the oral argument. Even if you are not a SCOTUS junky -- this conversation is important because 80 million (or 25% of) Americans may have their democratically crafted gun laws overturned by the decision of 9 justices. Jacob D. Charles is the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. His extensive public-facing scholarship includes a new piece in the Washington Post's Monkey Cage, “Supreme Court justices sounded suspicious of New York's gun law. Here's what might come next.” Eric Ruben is an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow. Working at the intersection of criminal law, legal ethics, and the Second Amendment, his scholarship has been published in law reviews such as California, Duke and Georgetown as well as public facing outlets like The Atlantic, New York Times, Vox, Jurist, The Conversation, and Scotusblog. He organized -- and contributed scholarship to the 2021 Brennan Center Report, Protests, Insurrection, and the Second Amendment. Joseph Blocher is the Lanty L. Smith '67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). Among his numerous law review articles is “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) in which he and Reva Siegel interrogate the impact of gun rights on free speech. Recently, he has been a guest on the podcast Strict Scrutiny, contributed to the New York Times and NPR reporting of the case. Joseph and Eric's recent op ed, “No, courts don't treat the Second Amendment as a ‘second-class right': The latest gun-rights case may hinge on some conservatives' sense of victimhood” just appeared in the Washington Post. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Michelle R. Nario-Redmond, "Ableism: The Causes and Consequences of Disability Prejudice" (John Wiley and Sons, 2019)

    Play Episode Listen Later Nov 22, 2021 69:19


    Of the dozens of juicy questions for future inquiry that Dr. Michelle Nario-Redmond provides at the end of Ableism: The Causes and Consequences of Disability Prejudice (Published by Wiley in 2021), the following stands out the most to me, in my various group-membership roles: How do we build common ground between disadvantaged groups for effective cross-impairment coalitions? Though it seemed impossible for this question to feel any more urgent after over a year and a half of COVID-19 and the parallel prominence of social movements to make Black Lives Matter, a recent article by my latest author crush unpacking a profoundly intersectional moment in the meme culture of what we should be calling (thanks to Neal Stephenson's 30-year old book) Metaverse 1.0 – AKA social media, especially those platforms now owned by the maybe-monopoly formerly known as Facebook – reminded me again of the immense possibilities of disability as a political identity (see Annamma & Morrison, 2018, particularly the footnotes for more background on this). Nicole Froio's article-that-should-become-a-book extrapolates from a celebrity's (whack!) Instagram post as an exemplification of what the writer dubs the masculine “performativity of doing the least,” in which the “‘model' heterosexual family consists of an all-sacrificing mother, a paternalistic father, and children free from disability.” The timing of Froio's deft analysis and the 34,000 likes it has garnered–compared to the upwards of 2 million bestowed upon the post in question—remind me of beloved if nuclear boomer Bill Maher's synchronous editorial segment comparing “model citizen” Greta Thunburg (who is autistic), with 13 million followers, to the “model” (capitalist straight femme normate) Kylie Jenner, with 279 million. Christina Anderson Bosch is an assistant professor of special education at the California State University, Fresno, also on Twitter @DocCABosch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Sana Haroon, "Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship" (I. B. Tauris, 2021)

    Play Episode Listen Later Nov 19, 2021 77:54

    In her multilayered and thoroughly researched new book The Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship (I. B. Tauris, 2021), Sana Haroon examines the interaction and intersection of varied legal regimes, devotional practices, and conceptions of sacred space invested in the institution and structure of the mosque in South Asia. This book combinies dense yet markedly accessible archival research with the close reading of a range of texts and legal/political strivings of a range of previously unexplored actors, including prayer leaders, scholars, mosque managers, lawyers, colonial magistrates, and local notables. Through this exercise, Haroon documents in vivid detail the aspirations and ambiguities that drove a variety of claims over the meaning and place of the mosque in South Asian Islam and Muslim identity during the colonial moment fraught with vigorous intra-Muslim and interreligious contestations over this question. Lucidly composed and theoretically invasive, this book is sure to spark important conversations among scholars from a range of academic fields and disciplines. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize and was selected as a finalist for the 2021 American Academy of Religion Book Award. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Dennis C. Rasmussen, "Fears of a Setting Sun: The Disillusionment of America's Founders" (Princeton UP, 2021)

    Play Episode Listen Later Nov 18, 2021 54:34


    When Americans conjure the image of the signing of the Constitution of the United States, they often think about the various paintings that depict the Founders looking to George Washington on the dais at the convention. It is this snapshot of history that embodies Americans' perceptions of the Founders and their conviction in the creation of the great nation. What Americans fail to understand about America's Founding is the overwhelming anxieties that many of the Founders experienced, especially as they lived in the new republic that they had created. Not only did they find themselves anxious about the future of the new country, but many were also explicitly pessimistic about the future that they noted in so much of their later writings and letters. Dennis C. Rasmussen, in his new book Fears of a Setting Sun: The Disillusionment of American Founders, addresses this gap in research on the American Founding, and on the Founders themselves. Washington, Hamilton, Adams, Jefferson, and Madison all wondered whether the system they had worked to establish, build, and defend would live beyond their own generation. In Fears of a Setting Sun: The Disillusionment of America's Founders (Princeton UP, 2021), Rasmussen explores the enduring arguments made by George Washington, Thomas Jefferson, Alexander Hamilton, and John Adams that convinced them of America's inevitable demise. Modern Americans conceptualize the founding of the United States as an isolated moment in time, and rarely consider the reality of how the Founders spent the remainder of their lives putting the Constitution to work. Rasmussen places the founders' fears in context of the ongoing chaos of the late 1700's where other countries were facing revolution, treason, and anarchy. Fear of a Setting Sun's purpose is not to disregard the founders' optimism in the system they created, and in fact the book heralds James Madison's lifelong optimism and belief that the American experiment would prevail—though he is at odds with the other major Founders in this regard. Fear of a Setting Sun explores the Founders' disillusionment in order to provide a fuller meaning of American constitutionalism and the value that is formed in its implementation. Rasmussen provides a perspective that changes what scholars and the general public believe and know about the founding of the republic, the historical stakes at the time of the founding, and how the Founders generally grew more pessimistic over time about the potential for the new republic to achieve its great potential. This book will be of interest to political scientists, historians, students and scholars of the founding period and the ideas and personalities that dominated the early days of the American republic. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Adam Bonica and Maya Sen, "The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary" (Cambridge UP, 2020)

    Play Episode Listen Later Nov 17, 2021 68:33

    Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary (Cambridge UP, 2020) tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent. Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. His research has been published in journals such as the American Journal of Political Science, Political Analysis, Journal of Economic Perspectives, Journal of Law, Economics, and Organization, and JAMA Internal Medicine. Maya Sen is Professor of Public Policy at Harvard University's John F. Kennedy School of Government. Her research has been published in journals such as the American Political Science Review, the American Journal of Political Science, and the Journal of Politics, and has been covered by the New York Times, the Washington Post, The Economist, National Public Radio, and other outlets. Ursula Hackett is Senior Lecturer in Politics at Royal Holloway, University of London. Her Cambridge University Press book America's Voucher Politics: How Elites Learned to Hide the State won the 2021 Education Politics and Policy Best Book Award from the American Political Science Association. Her writing guide Brilliant Essays is published by Macmillan Study Skills. She tweets @UrsulaBHackett. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Matthew Stewart, “The Epicurean Republic” (Open Agenda, 2021)

    Play Episode Listen Later Nov 15, 2021 87:37


    The Epicurean Republic is based on an in-depth filmed conversation between Howard Burton and award-winning author and independent scholar Matthew Stewart. In his later years, Thomas Jefferson referred to “the revolutionary part of the [American] Revolution”, which for him meant the founding ideals that would serve as a model for the world on how to build a modern state, as opposed to an incidental squabble between one country and its former colonists. This wide-ranging conversation explores how many of these ideals that Jefferson referred to are part of an intellectual thread that passes through key Enlightenment thinkers such as Spinoza and can be traced all the way back to Epicurus. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Simon Egbert and Matthias Leese, "Criminal Futures: Predictive Policing and Everyday Police Work" (Routledge, 2020)

    Play Episode Listen Later Nov 12, 2021 54:34

    Simon Egbert and Matthias Leese's Criminal Futures: Predictive Policing and Everyday Police Work (Routledge, 2020) explores how predictive policing transforms police work. Police departments around the world have started to use data-driven applications to produce crime forecasts and intervene into the future through targeted prevention measures. Based on three years of field research in Germany and Switzerland, this book provides a theoretically sophisticated and empirically detailed account of how the police produce and act upon criminal futures as part of their everyday work practices. The authors argue that predictive policing must not be analyzed as an isolated technological artifact, but as part of a larger sociotechnical system that is embedded in organizational structures and occupational cultures. The book highlights how, for crime prediction software to come to matter and play a role in more efficient and targeted police work, several translation processes are needed to align human and nonhuman actors across different divisions of police work. Police work is a key function for the production and maintenance of public order, but it can also discriminate, exclude, and violate civil liberties and human rights. When criminal futures come into being in the form of algorithmically produced risk estimates, this can have wide-ranging consequences. Building on empirical findings, the book presents a number of practical recommendations for the prudent use of algorithmic analysis tools in police work that will speak to the protection of civil liberties and human rights as much as they will speak to the professional needs of police organizations. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and cultural studies as well as to police practitioners and civil liberties advocates, in addition to all those who are interested in how to implement reasonable forms of data-driven policing. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    The Politics of Public Prosecution in Malaysia and the Problem of Corruption

    Play Episode Listen Later Nov 12, 2021 23:15

    On 16 August 2021, Muhyiddin Yaseen resigned as Prime Minister of Malaysia, with Ismail Sabri Yaakub sworn in as the new Prime Minister a week later, making him Malaysia's third Prime Minister in two years. This marked the return to power of UMNO, or the United Malays National Organisation, and the graft-tainted coalition that had been ousted from power in 2018. Meanwhile, another former Prime Minister, Najib Razak, is eyeing a return to Parliament, notwithstanding a conviction and 12-year prison sentence for abuse of power and ongoing trials for corruption. His wife Rosmah Mansur is also now facing three corruption charges. Associate Professor Salim Farrar joins Dr Natali Pearson on SSEAC Stories to talk about corruption and the politics of public prosecution in Malaysia, surveying the landscape of law and justice in Malaysia now and beyond, through a re-evaluation of Vision 2020. About Salim Farrar: Salim Farrar is Director of Islamic Law, an Associate Director of the Centre for Asian and Pacific Law at the University of Sydney and an Associate Professor in the Sydney Law School. He researches in Comparative and Islamic Laws, with focuses on law and development in predominantly Muslim states, the legal accommodation of Muslim minorities and the Malaysian legal system (especially in criminal justice). His most recent published research explores law and justice in Malaysia post the 2018 GE14. He is the joint editor (with Paul Subramaniam) of ‘Law and Justice in Malaysia: 2020 and Beyond' (2021, Thomson Reuters), editor of ‘Law and Development in the Islamic World' Law and Development Review (Special Edition), Vol 13 (2) (2020) and joint author (with Ghena Krayem) of ‘Accommodating Muslims under Common Law' (2017, 2018, Routledge). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre's website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Anna Saunders et al., "Revolutions in International Law: The Legacies of 1917" (Cambridge UP, 2021)

    Play Episode Listen Later Nov 9, 2021 81:54

    In 1917, the adoption of the revolutionary Mexican Constitution and the October Revolution shook the foundations of international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, particularly to foundational concepts of property, statehood and non-intervention, and the role of law itself.  Revolutions in International Law: The Legacies of 1917 (Cambridge UP, 2021) asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle, global anti-imperialist and anti-racism movements to this day. Listen in and see how these complex events shaped international law, human rights and anti-imperialist movements globally. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Don F. Selby, "Human Rights in Thailand" (U Pennsylvania Press, 2018)

    Play Episode Listen Later Nov 9, 2021 75:08

    Don F. Selby's Human Rights in Thailand (U Pennsylvania Press, 2018) is a rich anthropological study of the emergence of human rights in Thailand at a national scale following the adoption of the 1997 “People's Constitution” and establishment of the Human Rights Commission of Thailand. The book argues that what gave emergent human rights in Thailand their shape, force, and trajectories are the ways that advocates engaged, contested, or reworked debates around Buddhism in its relationship to rule and social structure; political struggle in relation to a narrative of Thai democracy that disavowed egalitarian movements; and traditional standards of social stratification and face-saving practices. In this way, human rights ideals in Thailand emerge less from global-local translation and more as a matter of negotiation within everyday forms of sociality, morality, and politics. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bend. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Jennifer Carlson, "Policing the Second Amendment: Guns, Law Enforcement, and the Politics of Race" (Princeton UP, 2020)

    Play Episode Listen Later Nov 8, 2021 61:02

    When Americans talk about guns, they often use terms like “gun rights” or “gun control.” They also tend to separate gun politics and the politics of the police. In Policing and the Second Amendment: Guns, Law Enforcement, and the Politics of Race (Princeton University Press, 2021), Jennifer Carlson identifies the inaccuracies of both. She provides two alternative narratives of American “gun talk” -- gun militarism and gun populism -- that clarify the stakes in today's gun debates.. Based on her extensive research – using local and national newspapers, interviews with police chiefs, and observations made at gun licensing boards – she insists these two discourses reveal how race shapes both how gun politics unfold and how gun policies are created to differentiate between legitimate violence and criminal violence. Coercive social control is organized by racialized understandings of gun violence. Carlson demonstrates the roles that the NRA, police chiefs, and gun administrators play in distinguishing the boundaries of legitimate violence for both private and public gun owners. For her, linking the politics of guns with the politics of the police clarifies our political and policy debates -- as well as the complex terrain negotiated each day between police and private civilians in our social lives. Dr. Jennifer Carlson is an Associate Professor of Sociology, Government, & Public Policy at the University of Arizona. Her remarkable earlier book, Citizen-Protectors: The Everyday Politics of Guns in an Age of Decline (Oxford, 2015), has shaped the study of how guns impact American society in multiple fields. Her public facing scholarship includes commentary in the Los Angeles Times, Wall Street Journal, and Washington Post. Daniella Campos assisted with this podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Luke Clements, "Clustered Injustice and The Level Green" (Legal Action Group, 2020)

    Play Episode Listen Later Nov 8, 2021 73:19

    In Clustered Injustice and The Level Green (Legal Action Group, 2020), Professor Luke Clements tackles the problem of the way in which "our legal system generates and exacerbates disadvantage." Examining the interconnectedness of disadvantage faced by many minorities - such as people who are homeless, Roma, Gypsies and Travelling people, disabled people, those within the criminal justice system, people who are chronically poor and more - he makes an argument that law segregates individuals' problems into isolated incidences, but rather than solving problems, this segregation exacerbates disadvantage. Injustice is clustered, it is interconnected and law, policy and bureaucracies'  failure to recognise this keeps people in positions of relative disadvantage and limits their opportunities to flourish in their own conception of the good life.  However, it is not all bad news. building on a wealth of professional experience and theoretical insight, Luke offers a roadmap for reform. He seeks to imagine a better system which would be better not just for those who face disadvantage, but for all members of the community.  Luke is the Cerebra Professor of Law and Social Justice at the School of Law, Leeds University. He practised as a solicitor between 1981 and 2021 and in that capacity had conduct of a number of cases before the European Commission and Court of Human Rights. In 1996 he was the solicitor who took the first Roma case to reach the Strasbourg Court Buckley v. UK (1996) Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Quentin Skinner, “Quest for Freedom” (Open Agenda, 2021)

    Play Episode Listen Later Nov 5, 2021 101:39

    Quest for Freedom is based on an in-depth filmed conversation between Howard Burton and intellectual historian Quentin Skinner, Barber Beaumont Professor of the Humanities at Queen Mary University of London. Quentin Skinner is considered to be one of the founders of the Cambridge School of the history of political thought. This thoughtful, detailed conversation examines how Quentin Skinner came to appreciate the importance of the distinction between the modern view of freedom and the so-called neo-Roman view, together with what it implies for our current and future political understanding. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Jovan Scott Lewis, "Scammer's Yard: The Crime of Black Repair in Jamaica" (U Minnesota Press, 2020)

    Play Episode Listen Later Nov 5, 2021 58:59


    There is romance in stealing from the rich to give to the poor, but how does that change when those perceived rich are elderly white North Americans and the poor are young Black Jamaicans? In this innovative ethnography, Jovan Scott Lewis tells the story of Omar, Junior, and Dwayne. Young and poor, they strive to make a living in Montego Bay, where call centers and tourism are the two main industries in the struggling economy. Their experience of grinding poverty and drastically limited opportunity leads them to conclude that scamming is the best means of gaining wealth and advancement. Otherwise, they are doomed to live in “sufferation”—an inescapable poverty that breeds misery, frustration, and vexation. In the Jamaican lottery scam run by these men, targets are told they have qualified for a large loan or award if they pay taxes or transfer fees. When the fees are paid, the award never arrives, netting the scammers tens of thousands of U.S. dollars. Through interviews, historical sources, song lyrics, and court testimonies, Lewis examines how these scammers justify their deceit, discovering an ethical narrative that reformulates ideas of crime and transgression and their relationship to race, justice, and debt. Scammer's Yard: The Crime of Black Repair in Jamaica (U Minnesota Press, 2020) describes how these young men, seeking to overcome inequality and achieve autonomy, come to view crime as a form of liberation. Their logic raises unsettling questions about a world economy that relegates postcolonial populations to deprivation even while expecting them to follow the rules of capitalism that exacerbate their dispossession. In this groundbreaking account, Lewis asks whether true reparation for the legacy of colonialism is to be found only through radical—even criminal—means. Jovan Scott Lewis is Associate Professor and Chair of Geography at the University of California, Berkeley. Alize Arıcan is a Postdoctoral Associate at Rutgers University's Center for Cultural Analysis. She is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, Radical Housing Journal, and entanglements: experiments in multimodal ethnography. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Zakiya Luna, "Reproductive Rights as Human Rights: Women of Color and the Fight for Reproductive Justice" (NYU Press, 2020)

    Play Episode Listen Later Nov 5, 2021 67:33

    How did reproductive justice—defined as the right to have children, to not have children, and to parent—become recognized as a human rights issue? In Reproductive Rights as Human Rights: Women of Color and the Fight for Reproductive Justice (New York University Press, 2020), Zakiya Luna highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. Focusing on SisterSong, an intersectional reproductive justice organization, Luna shows how, and why, women of color mobilized around reproductive rights in the domestic arena. She examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States, a country hostile to the concept of human rights at home. An indispensable read, Reproductive Rights as Human Rights provides a much-needed intersectional perspective on the modern-day reproductive justice movement. Dr. Nicole Bourbonnais is an Associate Professor of International History and Politics and Co-Director of the Gender Centre at the Graduate Institute of International and Development Studies in Geneva, Switzerland. Her research explores reproductive politics and practice from a transnational historical perspective. More info here. Twitter: @iheid_history and @GC_IHEID Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Renee Ann Cramer, "Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care" (Stanford UP, 2021)

    Play Episode Listen Later Nov 4, 2021 52:45

    Political Scientist Renee Ann Cramer's newest book Birthing a Movement tells the stories of American midwives and their battle for reproductive rights, legal intervention, and mobilization. This book is grounded in over a decade's worth of empirical and qualitative data that illustrates the ways that gender, state regulations, health policy, law, and social movements intersect within the profession and advocation of midwives. Cramer uses the power of the personal narrative to expose the patchwork and fragmented nature of reproductive care in the United States, with a particular focus on the way that midwives do and don't fit into the birthing process. Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care (Stanford UP, 2021) examines the legal and regulatory morass that certified professional midwives (CPM) face across the United States. Cramer explains the distinctions between CPM and certified nurse midwives (CNM) and how these two groups of differently trained midwives are differently treated by different laws in the various states across the country. Midwifery is part of the larger umbrella category of reproductive care in the United States, which is fragmented in a number of different policy areas, including access to abortion and pre- and post-natal care. Cramer's multi-method approach to the research also provides the reader with an understanding of the distinctions between care available in urban or suburban parts of the country in contrast to the rural parts of America, where medical care is harder to come by and often far away from where individuals live and work. This is even more problematic around reproductive care, since, as Cramer notes in our conversation, the healthcare crisis in rural America is really a maternity care crisis. This crisis has been made more acute, of late, by the efforts to undermine or shutter Planned Parenthood centers, leading to what are essentially healthcare “deserts” in parts of the U.S. The focus of Birthing a Movement, the capacity and regulation of midwives in the United States, also brings to the surface broader issues about the medical-industrial complex, including the way that this very natural process, the birth of a child, has been mechanized and has also led to substantial forms of intervention in the process itself. The mortality rates in the United States are higher than in other developed/industrialized countries, and these rates are disproportionate across the population, with much higher rates for women and children of color. Cramer dives into the research on how institutionalized racism is embedded in the birthing process, as it is in so many other aspects of American society and, specifically, healthcare. Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care weaves together research from across a host of different academic disciplines and presents the reader with an accessible and captivating understanding of the legal, regulatory, and policy complexities of midwifery and reproductive health in the United States. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Doing an Ethnography of Policing: In Conversation with Sarah Brayne

    Play Episode Listen Later Nov 4, 2021 52:39

    How has the use of big data and algorithms changed policing and police surveillance? On this episode, we speak with Dr. Sarah Brayne, Assistant Professor of Sociology at the University of Texas at Austin, about her new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2020). She explains how an interest in mass incarceration led her to study police surveillance and eventually do ethnographic research with the LAPD. She describes how her gender and status as potential “pencil geek” affected how police officers responded to her, and how officers themselves had mixed responses to the use of big data and algorithms in policing. She then talks about her ongoing relationships with research participants and the most impactful experiences in her fieldwork with police that didn't make her book: the sadness of repeatedly dealing with people who are having the worst days of their life. Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Matthew J. Lacombe, "Firepower: How the NRA Turned Gun Owners Into a Political Force" (Princeton UP, 2021)

    Play Episode Listen Later Nov 3, 2021 50:39

    Firepower: How the NRA Turned Gun Owners into a Political Force (Princeton, 2021) explores the scope and power of one of America's most influential interest groups. Despite widespread public support for stricter gun control laws, the National Rifle Association has consistently managed to defeat or weaken proposed regulations. Firepower provides an unprecedented look at how this controversial organization built its political power and how it has deployed it on behalf of its pro-gun agenda. Taking readers from the 1930s to the age of Donald Trump, Matthew Lacombe traces how the NRA's immense influence on national politics arises from its ability to shape the political outlooks and actions of its followers. He draws on nearly a century of archival records and surveys to show how the organization has fashioned a distinct worldview around gun ownership and used it to mobilize its supporters. Lacombe reveals how the NRA's cultivation of a large, unified, and active base has enabled it to build a resilient alliance with the Republican Party, and he examines why the NRA and its members formed an important constituency that helped fuel Trump's unlikely political rise. Firepower sheds vital new light on how the NRA has grown powerful by mobilizing average Americans and how it uses its GOP alliance to advance its objectives and shape the national agenda. Matthew Lacombe is Assistant Professor of Political Science at Barnard College, Columbia University. He studies American politics, with a broad focus on understanding and explaining political power in the U.S. His research and teaching interests engage with interest groups and political parties, social identity and political ideology, inequality and representation, and American political development. In addition to Firepower, he is the co-author of Billionaires and Stealth Politics, a book that details the political preferences and behavior of U.S. billionaires. Joe Renouard is Resident Professor of American Studies and Fei Yi-Ming Journalism Foundation Chair of American Government and Comparative Politics at the Johns Hopkins University School of Advanced International Studies in Nanjing, China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Nada Moumtaz, "God's Property: Islam, Charity, and the Modern State" (U California Press, 2021)

    Play Episode Listen Later Nov 2, 2021 65:34

    Nada Moumtaz's God's Property: Islam, Charity, and the Modern State (University of California Press, 2021) is an ethnography anchored in deep study of the Muslim scholarly tradition, the urban landscape, and Lebanon across the Ottoman, Mandate, and post-independence periods. At the center of the book is the waqf, often translated as “pious endowment.” An act and a practice exhibiting or embodying both change and stability since the nineteenth century, the waqf allows Moumtaz to reinterpret major categories in anthropology, Islamic legal studies, and history, including charity, family, the economy, the public and private, and the state. This is the second New Books Network interview devoted to this much-anticipated book, a careful, wide-ranging, and ambitious work poised to influence conversations in multiple disciplines. Interviewers: Janna Aladdin and Julian Weideman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    David Madland, "Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States" (Cornell UP, 2021)

    Play Episode Listen Later Nov 1, 2021 52:06

    In Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States (Cornell UP, 2021), David Madland explores how labor unions are essential to all workers. Yet, union systems are badly flawed and in need of rapid changes for reform. Madland's multilayered analysis presents a solution--a model to replace the existing firm-based collective bargaining with a larger, industry-scale bargaining method coupled with powerful incentives for union membership. These changes would represent a remarkable shift from the norm, but would be based on lessons from other countries, US history and current policy in several cities and states. In outlining the shift, Madland details how these proposals might mend the broken economic and political systems in the United States. He also uses three examples from Britain, Canada, and Australia to explore what there is yet to learn about this new system in other developed nations. Madland's practical advice in Re-Union extends to a proposal for how to implement the changes necessary to shift the current paradigm. This powerful call to action speaks directly to the workers affected by these policies--the very people seeking to have their voices recognized in a system that attempts to silence them. David Madland is Senior Fellow and Strategic Director of the American Worker Project at the Center for American Progress. He is author of Hollowed Out: Why the Economy Doesn't work without a strong middle class. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Robert J. Spitzer, "The Politics of Gun Control" (Routledge, 2020)

    Play Episode Listen Later Nov 1, 2021 54:45

    Dr. Robert J. Spitzer's classic text, The Politics of Gun Control: 8th Edition (Routledge, 2020), has been revised based on new data on gun ownership and use. Dr. Spitzer insightfully interrogates the impact of gun politics on the 2018 elections, new research on the history of American gun laws, and controversies over the geography of guns -- where and when they can be carried and whether they can be concealed. The podcast conversation digs into new findings on elections, public opinion, single-issue voting, the parallel histories of gun rights/regulations, and the changing profiles and strategies of gun safety groups. Dr. Spitzer provides insights on the upcoming midterm elections, forecasts what is at stake in the upcoming Supreme Court case, NYS Gun & Pistol v. Bruen, and provides a reminder that federalism can never be far from any case analysis in American politics. Dr. Robert J. Spitzer is a Distinguished Service Professor of Political Science at the State University of New York at Cortland. Trained by Theodore Lowi, Dr, Spitzer has published books on the presidency, the right to life mov, and the constitution -- with several works focused on the right to bear arms, gun control, and gun rights. The Supreme Court will hear its first Second Amendment case since 2010 and Robert's article “Gun Law History in the United States and Second Amendment Rights” is cited by the Solicitor General of the US in his amicus brief. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Caitlin Ring Carlson, "Hate Speech" (MIT Press, 2021)

    Play Episode Listen Later Oct 29, 2021 67:10

    Hate speech can happen anywhere - in Charlottesville, Virginia, where young men in khakis shouted, "Jews will not replace us"; in Myanmar, where the military used Facebook to target the Muslim Rohingya; in Cape Town, South Africa, where a pastor called on ISIS to rid South Africa of the "homosexual curse." In person or online, people wield language to attack others for their race, national origin, religion, gender, gender identity, sexual orientation, age, disability, or other aspects of identity. Caitlin Ring Carlson's Hate Speech (MIT Press, 2021) examines hate speech: what it is, and is not; its history; and efforts to address it. Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Dilek Kurban, "Limits of Supranational Justice: The European Court of Human Rights and Turkey's Kurdish Conflict" (Cambridge UP, 2020)

    Play Episode Listen Later Oct 28, 2021 60:37

    Dilek Kurban's Limits of Supranational Justice: The European Court of Human Rights and Turkey's Kurdish Conflict (Cambridge UP, 2020) considers the European Court of Human Rights' (ECtHR) engagement with Turkey's ongoing Kurdish conflict. Tracing the legal mobilization of Kurdish people alongside legal and political histories, Kurban's work highlights the factors enabling ongoing violence in the Kurdish region. As Kurban argues, considering the effectiveness of supranational courts, like the ECtHR, in cases like that of Turkey invokes difficult questions about international human rights regimes. Limits of Supranational Justice contributes to studies of supranational courts and legal mobilization—as well as broader conversations about human rights—by pointing to new avenues of sociolegal inquiry alongside the broader sociohistoral context in the case of Turkey. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    John A. Dearborn, "Power Shifts: Congress and Presidential Representation" (U Chicago Press, 2021)

    Play Episode Listen Later Oct 28, 2021 56:03

    Political Scientist John Dearborn's new book, Power Shifts: Congress and Presidential Representation (U Chicago Press, 2021), weaves together three connected threads in the course of his analysis: the role and capacity of ideas to make political change, the evolution of the position and understanding of the President of the United States as a representative of the citizens of the United States, and the way in which congressional legislation also works to shift the constitutional or institutional relationship between Congress and the President. This is a propulsive book, which is not necessarily the norm for academic publications, and Dearborn keeps the reader engaged through fascinating details about legislation that Congress passes in the midst of the 20th century that not only sets up policy outcomes but also provides the president with the power to create those outcomes. Dearborn then traces the ways, in the latter part of the 20th century, in which Congress attempts to wrangle some of that power back from the president, or to develop its own power to rival or parallel the president's power. Power Shifts focuses on this concept of the president as a national representative, which was not necessarily the idea that the Founders had for the president at the time of the Constitutional Convention. Some thought was given to how this national office would operate, but because of the way that the president is elected, at a remove from the people, the idea that the president was the voice or tribune of the people was not the key concept in the design of the presidency. Dearborn takes the reader through the evolution of this concept during the 19th and 20th century, highlighting how the presidents made claim to this particular role, while noting that it became clear that the veto power was not sufficient to reflect the voice of the people. During a number of decades in the midst of the 20th century, Congress builds up the presidency as an institution, formalizing presidential agenda-setting capacities and giving the presidency the organizational capacity to function as the center of the governmental structure and as the representative of all of the people. In examining several congressional acts, including the Budget Act of 1921, the Reorganization Act of 1939, and other particular constructions by Congress, Power Shifts examines how these creations centered presidential representation as the key to the design for these legislative moves. In the second part of the book, Dearborn explores the period of congressional resurgence in the 1970s and 1980s, and how Congress created connected legislation that sought to pull some of these powers away from the president, or at least provide Congress with sufficient capacity to challenge the president in a number of different arenas. And again, the arguments around the legislation dive into the question of whether the president is operating as a national representative, with a focus on the best interests of the people and the country. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Elyn Saks, “Mental Health: Policies, Laws and Attitudes” (Open Agenda, 2021)

    Play Episode Listen Later Oct 28, 2021 90:40

    Mental Health: Policies, Laws and Attitudes is based on an in-depth filmed conversation between Howard Burton and Elyn Saks, Orrin B. Evans Distinguished Professor of Law, and Professor of Law, Psychology and Psychiatry and the Behavioral Sciences at USC. During this wide-ranging conversation Elyn Saks candidly shares her personal experiences with schizophrenia and discusses the intersection of law, mental health and ethics: the legal and ethical implications surrounding mental health. Further topics include psychotropic medication and the law, criminalization and mental illness, and an exploration of which countries are more progressive with respect to important mental health policies, laws and procedures, and more. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Christine Schwöbel-Patel, "Marketing Global Justice: The Political Economy of International Criminal Law" (Cambridge UP, 2021)

    Play Episode Listen Later Oct 26, 2021 69:44

    Christine Schwöbel-Patel's Marketing Global Justice: The Political Economy of International Criminal Law (Cambridge UP, 2021) is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values. Margot Tudor is a postdoctoral research fellow at the University of Exeter, based in the Politics department. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Postscript: The Supreme Court, Concealed Carry, and How Your Laws Might Change

    Play Episode Listen Later Oct 26, 2021 62:25

    The American media has been focused on the Supreme Court's upcoming abortion cases but a decision in a critical Second Amendment case could overturn public safety laws for 25% of Americans. Next week, the Court will hear arguments in New York State Rifle & Pistol Association v. Bruen, a challenge to a 1911 New York State law that limits carrying guns outside the home. New York is a “may issue” state in which applications for concealed carry are not automatically granted but reviewed to determine if the person has “proper cause” to conceal a gun. We've not seen a Second Amendment case since Heller v. District of Columbia in 2008 and McDonald v. City of Chicago in 2010 -- and this case will be heard by a Court that now has 3 conservative appointments made by former President Donald Trump. Two Second Amendment scholars join the podcast to go wide and deep on the astonishing implications for our laws. Joseph Blocher is the Lanty L. Smith '67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored Free Speech Beyond Words: The Surprising Reach of the First Amendment (NYU, 2017) with Mark Tushnet and Alan K. Chen and The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). His recent “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) with Reva Siegel interrogates the impact of gun rights on free speech. Jacob D. Charles, the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and his public-facing scholarship includes work with CNN, NPR, Politifact, NewsWeek, and Mother Jones. “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Hongjian Wang, "Decadence in Modern Chinese Literature and Culture: A Comparative and Literary-Historical Reevaluation" (Cambria Press, 2020)

    Play Episode Listen Later Oct 26, 2021 88:52

    European Decadence, a controversial artistic movement that flourished mainly in late-nineteenth-century France and Britain, has inspired several generations of Chinese writers and literary scholars since it was introduced to China in the early 1920s. Translated into Chinese as tuifei, which has strong hedonistic and pessimistic connotations, the concept of Decadence has proven instrumental in multiple waves of cultural rebellion, but has also become susceptible to moralistic criticism. Many contemporary scholars have sought to rehabilitate Chinese Decadence but have found it difficult to dissociate it from the negative connotations of tuifei. More importantly, few have reconnected Decadence with its steadfast pursuit of intellectual pleasure and unique paradoxes or explored the specific socio-historical conditions and cultural dynamics that gave rise to Decadence. Decadence in Modern Chinese Literature and Culture: A Comparative and Literary-Historical Reevaluation (Cambria Press, 2020) is the first comprehensive study of Decadence in Chinese literature since the early twentieth century. Standing at the intersection of comparative literature and cultural history, it transcends the framework of tuifei by locating European Decadence in its sociocultural context and uses it as a critical lens to examine Chinese Decadent literature and Chinese society. Its in-depth analysis reveals that some Chinese writers and literary scholars creatively appropriated the concept of Decadence for enlightenment purposes or to bid farewell to revolution. Meanwhile, the socialist system, by first fostering strong senses of elitism among certain privileged groups and then rescinding its ideological endorsement and material support, played a crucial role in the emergence of Chinese Decadent literature in the European sense. Decadence in Modern Chinese Literature and Culture is an important book for scholars and students interested in Decadence, modern Chinese literature and cultural history, Asian studies, and comparative literature. This book is in the Cambria Sinophone World Series headed by Victor H. Mair (University of Pennsylvania). Victoria Oana Lupașcu is an Assistant Professor of Comparative Literature and Asian Studies at University of Montréal. Her areas of interest include medical humanities, visual art, 20th and 21st Chinese, Brazilian and Romanian literature and Global South studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Rebecca DeWolf, "Gendered Citizenship: The Original Conflict Over the Equal Rights Amendment, 1920-1963" (U Nebraska Press, 2021)

    Play Episode Listen Later Oct 25, 2021 76:35

    In Political Science, we are very familiar with the work of scholars who try to unpack why the ERA failed to get the required states. But Gendered Citizenship: The Original Conflict over the Equal Rights Amendment, 1920-1963 published by the University of Nebraska in 2021 interrogates how earlier debates on the ERA transcended traditional political divides and ultimately redefined the concept of citizenship in the United States. By using a rich collection of public and private sources, Dr. Rebecca DeWolf shows that support for and opposition to the ERA was not tied to either conservatism or liberalism. Instead unusual allies coalesced around two competing views of citizenship – what DeWolf calls the emancipatory and the protectionist. Gendered Citizenship argues that the early conflict over the ERA changed the definition of rights -- and the catalyst for that change was the 19th amendment. Those opposing the ERA provided a modern justification for separate and distinct standards of rights for men and women citizens -- and that formulation still haunts 21st century politics. Dr. Rebecca DeWolf is a historian focused on gender and women's history, politics, and United States' constitutional culture. She has received the Dirksen Center Congressional Research Grant as well as grants from American University to do her archival research on the ERA. Her writing has appeared in the Washington Post, History News Network, New America Weekly, and Frontiers. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph's University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Anna Spain Bradley, "Human Choice in International Law" (Cambridge UP, 2021)

    Play Episode Listen Later Oct 25, 2021 57:15

    Professor Anna Spain Bradley "wrote this book to be accessible to anyone, because international law is for everyone." In this important book, Professor Anna Spain Bradley explores human choice in international law and political decision making. Human Choice in International Law (Cambridge University Press, 2021) investigates the neurobiological processes which shape human choice in the framework of international law and shows how human choice impacts decisions on peace and security. Professor Spain Bradley charts important decisions in the international human rights framework to show how human choice has affected decisions about genocide, international intervention into armed conflict and nuclear weapons, and human rights.  This is an important book which has the potential to change the way we think about human choice in law, and the implications of human choice in the lives of all people, for whom decisions are made. Professor Spain Bradley calls for a rethink about how we understand human choice, especially in relation to what international law does and what it should do.  Professor Anna Spain Bradley is Vice Chancellor of Equity, Diversity and Inclusion and Professor of Law at the University of California, Los Angeles. She is an award-winning international law scholar, educator and expert specializing in international dispute resolution, international human rights and combatting global racism.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Paulina Ochoa Espejo, "On Borders: Territories, Legitimacy, and the Rights of Place" (Oxford UP, 2020)

    Play Episode Listen Later Oct 21, 2021 64:37

    When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities—but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls. To escape all this,  Paulina Ochoa Espejo's book On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions—not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King's College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Julian Roberts, “Criminal Justice: An Examination” (Open Agenda, 2021)

    Play Episode Listen Later Oct 21, 2021 127:31

    Criminal Justice: An Examination is based on an in-depth filmed conversation between Howard Burton and Julian Roberts, Professor of Criminology at the University of Oxford. Julian Roberts is an international expert on sentencing throughout the common-law world and is strongly involved in connecting scholars with practitioners as well as promoting greater public understanding of sentencing. This thought-provoking conversation covers a wide range of topics related to criminal justice, including plea bargaining, the involvement of victims in criminal sentencing procedures, victim impact statements, parole, sentencing multiple and repeat crimes, community-based sentencing, alternate dispute resolution, rehabilitation, and more. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Sonja Tiernan, "The History of Marriage Equality in Ireland: A Social Revolution Begins" (Manchester UP, 2020)

    Play Episode Listen Later Oct 19, 2021 55:06

    In 2015, the world witnessed an Irish social revolution. In a historic referendum vote, the Republic of Ireland voted to extend the constitutional right to marriage to same-sex couples. Thirty years before, sex between men was illegal. From the 1970s, LGBT rights activists advocated tirelessly for decriminalization, fair treatment laws, protection from discrimination, and, most recently, marriage equality. In one of the most Catholic countries in the world, it was never easy. In her book The History of Marriage Equality in Ireland: A Social Revolution Begins (Manchester UP, 2020), Sonja Tiernan charts the long road to the 2015 referendum in one of Ireland's most recent civil rights movements. Join us as we chat about Constitutional Conventions, the power of social media, the so-called “Pantigate,” and that overwhelming moment on May 22, 2015 when the people of Ireland said “Yes” to marriage equality. Avrill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Ivor Sokolić, "International Courts and Mass Atrocity: Narratives of War and Justice in Croatia" (Palgrave Macmillan, 2018)

    Play Episode Listen Later Oct 15, 2021 66:26

    In his new book International Courts and Mass atrocity: Narratives of War and Justice in Croatia (Palgrave Macmillan, 2019) Ivor Sokolić explores the effects of international and national transitional justice in Croatia, and in particular the consequences of the work of the United Nations' International Criminal Tribunal for the former Yugoslavia, the ICTY. Sokolić casts a critical analytical gaze on how and why universal human rights norms become distorted or undermined when they are filtered through national and local perceptions and narratives. Based on extensive research involving focus groups in Croatia, Sokolić's book marks an innovative approach to exploring the limitations of transitional justice and reconciliation in a post-conflict environment. Ivor Sokolić is a lecturer in politics and international relations at the University of Hertfordshire in the United Kingdom. Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    A Conversation About Reproductive Health and Abortion Studies

    Play Episode Listen Later Oct 14, 2021 68:31

    Welcome to The Academic Life! In this episode you'll hear about: The field of reproductive health studies The data on contraceptive access and effectiveness [even when used correctly] Why we need to trust women What happens when a pregnant person seeking an abortion is turned away The long-term outcomes for people who have had abortions The consequences for people denied abortions A discussion of the book The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion Today's book is: The Turnaway Study, which asks what happens when a person seeking an abortion is turned away. Dr. Diane Greene Foster and a team of scientists, psychologists, epidemiologists, demographers, nurses, physicians, economists, sociologists, and public health researchers conducted a ten-year study on the outcomes of a thousand pregnant people across America, studying both those who received abortions, and those who were turned away. Dr. Foster analyzes impacts on mental and physical health, careers, and romantic relationships, offering the first data-driven examination of the negative consequences for pregnant people who are denied abortions. Our guest is: Dr. Diana Greene Foster, a professor and demographer who uses quantitative models and analyses to evaluate the effectiveness of family planning policies and the effect of unwanted pregnancy on women's lives. She led the Turnaway Study in the US, and is collaborating with scientists on a Nepal Turnaway Study. Dr. Foster also worked on the evaluation of the California State family planning program, Family PACT, demonstrating the effectiveness of the program in reducing the incidence of unintended pregnancy and the effect of dispensing a one-year supply of contraception. Dr. Foster created a new methodology for estimating pregnancies averted based on a Markov model and a microsimulation to identify the cost-effectiveness of advance provision of emergency contraception. Our host is: Dr. Christina Gessler, co-producer of the Academic Life. She is a historian of women and gender. Listeners to this episode might be interested in: American College of Obstetricians and Gynecologists advocacy webpage  The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion, by Diana Greene Foster Advancing New Studies in Reproductive Health You're Doing it Wrong: Mothering, Media, and Medical Expertise by Bethany L. Johnson and Margaret M. Quinlan A discussion of the book You're Doing it Wrong,  You are smart and capable, but you aren't an island and neither are we. We reach across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we'd bring on an expert about something? DM us on Twitter: The Academic Life @AcademicLifeNBN. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Kevin A. Sabet, "Smokescreen: What the Marijuana Industry Doesn't Want You to Know" (Forefront Books, 2021)

    Play Episode Listen Later Oct 13, 2021 60:16

    Called the “quarterback of the new anti-drug movement,” Kevin Sabet received his Ph.D. in social policy from the University of Oxford and has worked in drug policy for over two decades. He's served as an advisor for three presidential administrations, Pope Francis and the United Nations, and in 2013 he founded the group he still leads, Smart Approaches to Marijuana, better known as SAM, which opposes cannabis legalization and commercialization. His new book, Smokescreen: What the Marijuana Industry Doesn't Want You to Know, was released by Forefront Books earlier this year.  Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Erika Bachiochi, "The Rights of Women: Reclaiming a Lost Vision" (Notre Dame UP, 2021)

    Play Episode Listen Later Oct 12, 2021 76:23


    Mary Wollstonecraft (1759 –1797) was one of the most important moral philosophers and political theorists ever. Her writings on liberty and equality have been embraced by thinkers both in her own day and since her early death. Lionized by feminists and demonized by others as dangerous and a loose woman to boot, Wollstonecraft produced a small but powerful, persuasive corpus. But a major aspect of Wollstonecraft's thought is far less well known—perhaps because it not about what we all want and assume is our due. True, she was interested in rights. But in her 2021 book, The Rights of Women: Reclaiming a Lost Vision (Notre Dame UP, 2021), Erika Bachiochi shows that Wollstonecraft wrote extensively about duties and responsibilities. Further, unlike advocates of free love in later centuries or the champions of the Sexual Revolution, Wollstonecraft, living as she did in a period when rakes abounded and women died often in childbirth, wrote about chastity and the need for men to behave responsibly and become faithful husbands and loving fathers. Bachiochi expands our understanding of Wollstonecraft and makes her a far more complex thinker than the one-dimensional woman portrayed in feminist lore. Importantly, this book is not only about Wollstonecraft. It also traces how feminism lost touch with the needs of mothers as it became centered on providing as much access to abortion as possible and to equality in the workplace at the expense of a more holistic view of the needs of women of many stripes. Bachiochi makes a convincing case that the relentless focus of influential figures like Ruth Bader Ginsburg on abortion “rights” and advancing the interests of mostly professional women ended up privileging men (and, increasingly, corporations, who prefer workers unencumbered by families) in that abortion and contraception freed men of any need to refrain from irresponsible sexual conduct. Every feminist—every person, really, should read this book because it contrasts the neglected moral vision of Wollstonecraft with the morally compromising Ginsburgian position of predicating the equality of women upon unfettered access to abortion. Bachiochi shows that many women's rights activists and theoreticians up until very recent decades opposed both contraception and abortion on the grounds that both ultimately ended up devaluing the role of women as mothers and caregivers generally and made becoming pregnant seem careless and not something to be celebrated. A major strength of Bachiochi's book is her examination of the work of the legal scholar and human rights expert, Mary Ann Glendon. Glendon has magisterially documented how Ginsburg and her compatriots stripped feminism of its previous foci on the ethic of caregiving and the value to society of hearth and home. Glendon points out that much of modern feminism has left women with rights but little else in terms of practical or moral support if they happen to be poor or not, say, Supreme Court Justices. Bachiochi concludes her book with policy prescriptions for a feminism that is more humane and more representative of the needs of all women and not solely career-obsessed ones. Moreover, the book is not just about women but, in the vein of Wollstonecraft herself, about how men and women can work in whatever sphere to create a society where all can flourish and, another important consideration for Wollstonecraft, excel intellectually and morally. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Yakov Nagen, "The Soul of the Mishna" (Maggid, 2021)

    Play Episode Listen Later Oct 12, 2021 34:03

    As the foundational text of the Oral Torah in Judaism, the Mishnah is generally analyzed to understand Jewish law and the workings of the halakhic system. But Yakov Nagen, in looking at over two hundred mishnayot, identifies fascinating literary devices employed by the Sages to convey a deeper meaning, even the Mishnah's 'inner spirit.' Join us as we talk with Yakov Nagen about his work, The Soul of the Mishna. Yakov Nagen is a senior rabbi at the Otniel Yeshiva in Israel, where he teaches Talmud, halakha, Jewish thought, and Kabbala. He also serves as director of Ohr Torah Stone's Beit Midrash for Judaism and Humanity. He received his rabbinical ordination from RIETS at Yeshiva University and holds a PhD in Jewish Philosophy from Hebrew University of Jerusalem. He is also the author of Be, Become, Bless: Jewish Spirituality between East and West(Maggid, 2019). Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus (IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption (IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Mark Somos and Anne Peters, "The State of Nature: Histories of an Idea" (Brill, 2021)

    Play Episode Listen Later Oct 11, 2021 62:48

    The phrase, “state of nature”, has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, Mark Somos and Anne Peters's book The State of Nature: Histories of an Idea (Brill, 2021) together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature. Mark Somos, Ph.D. (2007 Harvard, 2014 Leiden), holds the Deutsche Forschungsgemeinschaft's Heisenberg position. He wrote Secularisation and the Leiden Circle (Brill, 2011) and American States of Nature: The Origins of Independence, 1761–1775 (Oxford, 2019). Anne Peters, Ph.D. (1994 Freiburg), is Director at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, a Professor at Heidelberg, Freie Universität Berlin, and Basel, and L. Bates Lea Global Law Professor at the University of Michigan. Alexandra Ortolja-Baird is Lecturer in Digital History and Culture at the University of Portsmouth. She tweets at @timetravelallie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    J.C. Salyer, "Court of Injustice: Law Without Recognition in U.S. Immigration" (Stanford UP, 2020)

    Play Episode Listen Later Oct 8, 2021 60:58

    J.C. Salyer's Court of Injustice: Law Without Recognition in U.S. Immigration (Stanford UP, 2020) is an important look at the histories and processes of immigration law in the US. The book engages with US immigration policy by both tracing the history of US immigration law in the US and considering contemporary practices. Not just a history of law or assessment of policy, Court of Injustice is ethnographically grounded in New York City immigration courts, as well as the New York Immigrant Family Unity Project (NYIFUP). Salyer's work shifts in scope—from past to present, from New York City to the whole of the U.S, from theoretical considerations of nation-state sovereignty to individual experiences of immigration law—in a way that masterfully paints a compelling portrait of the US immigration courts. By considering context alongside contemporary practice, Court of Injustice provides a way to think through the threads of migration, geography, and xenophobia alongside arguing for concrete ways the under-resourced US immigration courts could change to provide more just outcomes. Throughout the book, Salyer considers not just the experiences of immigrants with immigration law, but also how immigration lawyers come to understand immigration courts. Additionally, Court of Injustice links past to present, and provides a needed context that clearly demonstrates that contemporary shifts in US immigration law—including those under the Trump administration—are not something new, but part of a long history that includes the Chinese Exclusion Act, the Immigration Reform and Control Act of 1986 (IRCA), and other policies that sought to limit migration to the US and “thicken” the US border. Salyer's socioeconomic history of immigration courts in the U.S. would be of great interest to a wide readership, from those studying migration academically to non-academic members of the public seeking a more in-depth understanding of U.S. immigration policy. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Jaime Lowe, "Breathing Fire: Female Inmate Firefighters on the Front Line of California's Wildfires" (MCD, 2021)

    Play Episode Listen Later Oct 6, 2021 45:54

    A dramatic, revelatory account of the female inmate firefighters who battle California wildfires for less than a dollar an hour On February 23, 2016, Shawna Lynn Jones stepped into the brush to fight a wildfire that had consumed ten acres of terrain on a steep ridge in Malibu. Jones carried fifty pounds of equipment and a chainsaw to help contain the blaze. As she fired up her saw, the earth gave way under her feet and a rock fell from above and struck her head, knocking her unconscious. A helicopter descended to airlift her out. As it took off, she was handcuffed to the gurney. She was neither a desperate Malibu resident nor a professional firefighter. She was a female inmate firefighter, briefly trained and equipped, and paid one dollar an hour to fight fires while working off her sentence. As California has endured unprecedented wildfires over the past decade, the state has come to rely heavily on its prison population, with imprisoned firefighters making up at least 40 percent of Cal Fire's on-the-ground fire crews. Of those imprisoned workers, 250 are women.  In Breathing Fire: Female Inmate Firefighters on the Front Line of California's Wildfires (MCD, 2021), Jaime Lowe expands on her revelatory work for The New York Times Magazine to follow Jones and her fellow female inmate firefighters before, during, and—if they're lucky—after incarceration. Lowe takes us into their lives, into the prisons and the women's decisions to join the controversial program, into the fire camps where they live and train, and onto the front lines, where their brave work is unquestionably heroic—if often thankless. 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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