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Subscribe on Patreon and hear this week's full patron-exclusive episode here: https://www.patreon.com/posts/125620040 Beatrice and Phil speak with legal scholars Karen Tani and Katie Eyer about how the Supreme Court used cases related to disability and deinstitutionalization in the 1970s and 1980s as an opportunity to remake and expand its own powers, the role that these cases had in securing conservatives' “New Federalism” revolution, and how disability cases continue to be a site of conservative judicial advancement today. Read Karen and Katie's article, "Disability and the Ongoing Federalism Revolution," here: https://www.yalelawjournal.org/feature/disability-and-the-ongoing-federalism-revolution Get Health Communism here: www.versobooks.com/books/4081-health-communism Find Jules' new book here: https://www.versobooks.com/products/3054-a-short-history-of-trans-misogyny Runtime 1:25:44
The start of a new year, the slouch towards the first days of the new semester, the last episode of yet another season of the pod: we're feeling sentimental here at Digging a Hole HQ. As you take down your old calendars and put up the new, we're going to take some time to engage in a tradition of ours at the pod and discuss the 2024 Harvard Law Review Supreme Court foreword, “Curation, Narration, Erasure: Power and Possibility at the U.S. Supreme Court,” with its indomitable author and the Seaman Family University Professor at Penn Carey Law, Karen M. Tani. We begin by discussing the genre of the Harvard Law Review foreword, and how Tani's approach differs from forewords of yore. Next, we dive deeply into each prong of Tani's framework of curation, narration, and erasure. We turn to familiar themes of the law-politics divide and the relationship between law and history, with Tani clarifying how this past Supreme Court term adds to our understanding of these big ideas. Finally, we conclude the pod with a discussion of prophecy (and here's one: you're going to have a ball with this episode, so hurry up and hit play!). This podcast is generously supported by Themis Bar Review. Referenced Readings “A Century-Old Law's Aftershocks Are Still Felt at the Supreme Court” by Adam Liptak “Nomos and Narrative” by Robert M. Cover “Selling Originalism” by Jamal Greene The Prophetic Imagination by Walter Brueggemann “Demosprudence Through Dissent” by Lani Guinier “A Plea to Liberals on the Supreme Court: Dissent With Democracy in Mind” by Ryan D. Doerfler and Samuel Moyn
The Supreme Court's conservative supermajority has taken a hard originalist turn, citing history to justify rulings that have eliminated many long-standing American rights. What exactly does originalism mean? Should history be the sole source of rights? And what if the history that the Court has relied on is flat-out wrong? Listen in on a discussion from October 12, 2023 moderated by Adam Serwer of the Atlantic with historians Laura Edwards, professor at Princeton University; Kate Masur, professor at Northwestern University; and Karen Tani, professor at the University of Pennsylvania Law School. Their conversation dissects how history has been used and abused in consequential recent cases and sketches out alternative views for how history can help us better understand the Constitution. Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Click here to read more from the Brennan Center's Historians Council on the Constitution: https://www.brennancenter.org/historians-council-constitution You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing
Subscribe on Patreon and hear this week's full patron-exclusive episode here: https://www.patreon.com/posts/103758145 Beatrice and Phil speak with legal scholars Karen Tani and Katie Eyer about how the Supreme Court used cases related to disability and deinstitutionalization in the 1970s and 1980s as an opportunity to remake and expand its own powers, the role that these cases had in securing conservatives' “New Federalism” revolution, and how disability cases continue to be a site of conservative judicial advancement today. Read Karen and Katie's article, "Disability and the Ongoing Federalism Revolution," here: https://www.yalelawjournal.org/feature/disability-and-the-ongoing-federalism-revolution Get Health Communism here: www.versobooks.com/books/4081-health-communism Find Jules' new book here: https://www.versobooks.com/products/3054-a-short-history-of-trans-misogyny Runtime 1:25:44, 6 May 2024
Bea and Phil speak with legal historian Karen Tani about an under-scrutinized case on the Supreme Court's docket this term, Health and Hospital Corp v. Talevski, which could have profound effects on the entire US welfare state. As always, support Death Panel at www.patreon.com/deathpanelpod Get Health Communism here: https://www.versobooks.com/books/4081-health-communism Find the Marta Russell symposium we co-organized with Karen here: https://lpeproject.org/symposia/capitalism-disability/ Death Panel merch here (patrons get a discount code): www.deathpanel.net/merch join our Discord here: discord.com/invite/3KjKbB2
In this episode, Karen Tani, Professor of Law at the University of California Berkeley School of Law, and Matthew Cortland, a lawyer and writer based in Massachusetts, discuss their work on reclaiming notice and comment and citizen participation in the administrative process. They begin by explaining the source and purpose of notice and comment under the Administrative Procedure Act. They reflect how the notice and comment procedure has been dominated by industry insiders, and explain how people affected by regulations can make their voices heard. You can read Kani and Cortland's articles on reclaiming notice and comment of the Law and Political Economy Blog here and here (with Nancy Chi Cantalupo). You can also read Cortland's explainers on how to participate in the notice and comment procedure here and here. Tani is on Twitter at @kmtani and Cortland is on Twitter at @mattbc.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017).
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically... Learn more about your ad choices. Visit megaphone.fm/adchoices
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices