New Books in Law

In her landmark new book Leaving Iberia: Islamic Law and Christian Conquest in North West Africa (Harvard UP, 2020), Jocelyn Hendrickson launches a searingly brilliant legal history centered on the question of how medieval and early modern Muslim jurists in Iberia and North Africa wrestled with various thorny questions of living under or migrating away from non-Muslim political sovereignty. This book combines meticulous social and political history with nimble and accessible readings of a vast range of sources from the Maliki School of law. What emerges from this exercise is a picture of the Maliki legal tradition in particular and Islamic law more broadly that is unavailable for predictable readings, enormously interesting, and deliciously complex. This lucid book should also be a delight to teach in various graduate and upper level under graduate courses. 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 [email protected]. 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

Historically, how have marginalized and minority groups pushed the boundaries of representative government to pass legislation that benefits them? Political Scientist Shamira Gelbman, the Daniel F. Evans Associate Professor in Social Sciences at Wabash College, answers this question in her new book, The Civil Rights Lobby: The Leadership Conference on Civil Rights and the Second Reconstruction (Temple UP, 2021). Gelbman examines the history of The Leadership Conference on Civil Rights (LCCR) throughout the 1950s and 60s, teasing out the individuals who engaged in lobbying, advocacy, training, and other capacities to push civil rights legislation forward while also helping to block segregationist and white supremacy advocacy in Congress. Gelbman’s case study of the LCCR uses archival and scholarly resources to paint a picture of the Civil Rights Movement’s policy achievements by evaluating the role of lobbying and coalitional building. The Civil Rights Lobby: The Leadership Conference on Civil Rights and Second Reconstruction begins by exploring what it takes to create coalitional groups and the uniqueness of the political climate of the 20th century. The arguments about coalitional interest groups are presented alongside the informative history of the LCCR and the policy achievements of the Civil Rights Movement. Gelbman uses interest group theory to explain many of the teachings from this case study. Coalitional groups can often function as a “weapon for the weak,” and Gelbman takes notice of both the benefits of interest group lobbying as well as the setbacks of in-fighting between lobbyists in a broad coalition like the LCCR. The work of structuring the coalition, of working through different goals and approaches, is key in understanding the complicated process for moving forward with civil rights policy creation and implementation. The LCCR was made up of a wide array of groups and members, including a diversity of religious organizations, labor unions, and a constellation of civil rights organizations. Gelbman showcases the LCCR as an organization that mobilized professional and grassroots lobbying by distinguishing commonalities among the members to develop broad-based supports for legislators to pursue civil rights legislation. 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 [email protected] 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

Who governs political parties? Recent insurgent campaigns, such as those of Donald Trump and Bernie Sanders, have thrust this critical question to the center of political debate for casual observers and scholars alike. Yet the dynamics of modern party politics remain poorly understood. Assertions of either elite control or interest group dominance both fail to explain the Trump victory and the surprise of the Sanders insurgency and their subsequent reverberations through the American political landscape. In True Blues: The Contentious Transformation of the Democratic Party (U Pennsylvania Press, 2021), Adam Hilton tackles the question of who governs parties by examining the transformation of the Democratic Party since the late 1960s. Reconceiving parties as “contentious institutions,” Hilton argues that Democratic Party change was driven by recurrent conflicts between groups and officeholders to define and control party identity, program, and policy. The outcome of this prolonged struggle was a wholly new kind of party—an advocacy party—which institutionalized greater party dependence on outside groups for legitimacy and organizational support, while also, in turn, fostering greater group dependency on the presidency for the satisfaction of its symbolic and substantive demands. Consequently, while the long conflict between party reformers and counter-reformers successfully opened the Democratic Party to new voices and identities, it also facilitated the growth of presidential power, rising inequality, and deepening partisan polarization. Tracing the rise of the advocacy party from the fall of the New Deal order through the presidency of Barack Obama, True Blues explains how and why the Democratic Party has come to its current crossroads and suggests a bold new perspective for comprehending the dynamics driving American party politics more broadly. Adam Hilton is Assistant Professor of Politics at Mount Holyoke College in South Hadley, Massachusetts. He earned his PhD from the Department of Political Science at York University, Toronto. His current research focuses on the relationship between movements, interest groups, and political parties, and the agency of political entrepreneurs in transforming them. In addition to True Blues, he is also working on an edited book with Jessica Hejny, tentatively titled Placing Parties in American Political Development. 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

The United States is the world's largest donor of foreign aid, and in this profound analysis, Salvador Santino F. Regilme Jr. demonstrates the links between human rights protections and the provision of US strategic aid in recipient countries. In Aid Imperium: United States Foreign Policy and Human Rights in Post-Cold War Southeast Asia (University of Michigan Press, 2021), Professor Regilme puts forward a "theory of interest convergence" which draws out the way that shared strategic interests between donor and recipient countries have the power to strengthen the legitimacy of domestic recipient governments, but not necessarily in ways that protect physical integrity rights of citizens. Presenting two case studies from The Phillipines and Thailand during the post-cold-war period and also during the global war on terror periods, the book provides a richly researched, intricate understanding of the way that authoritarian governments have continued to benefit from the provision of US aid, while not necessarily improving their human rights records. Salvador Santino F. Regilme Jr. is a Tenured University Lecturer of International Relations at Leiden University, The Netherlands. Find him on twitter @santinoregilme, check out his latest book @AidImperium 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

Lee B. Wilson is the author of Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660-1783, published by Cambridge University Press in 2021. Bonds of Empire explores how English law gave the institution of slavery its ability to thieve and grow. By looking at how law was practiced, instead of solely focusing on how it was written, Wilson follows the development of the institution of slavery in South Carolina and the English law of slavery in the colony. The day to day legal life of slavery in the colon shows just how much English law was crucial, and not opposed, to the enslavement of people. Dr. Wilson is an Associate Professor at Clemson University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers. In The War Lawyers: The United States, Israel, and Juridical Warfare (Oxford University Press, 2021), Craig Jones examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood. Craig Jones is a Lecturer in Political Geography in the School of Geography, Sociology and Politics at Newcastle University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others), and using examples from across the globe, Alison Ritter's Drug Policy (Routledge, 2021) provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis. The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies. This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science. 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

All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and scholarly debates – with an emphasis on the vulnerability of birthright citizenship to indirect and direct change. Dr. Julie L. Novkov is Professor of Political Science and Women’s, Gender, and Sexuality Studies and interim dean of Rockefeller college at the University at Albany, SUNY. She is the author of Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954 (UMichigan, 2008). Dr. Carol Nackenoff is Richter Professor emeritus of Political Science at Swarthmore College. She is the author of The Fictional Republic: Horatio Alger and American Political Discourse (Oxford, 1994). They are also co-editors of Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020) and Statebuilding from the Margins: Between Reconstruction and the New Deal (University of Pennsylvania Press, 2014) Two resources mentioned in the podcast: Tian Atlas Xu’s “Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930” and the symposium on American by Birth. 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

In the Shadow of the Ivory Tower: How Universities are Plundering our Cities (Bold Type Books, 2021) by Dr. Davarian Baldwin examines the political economy of the American university over the twentieth and twentieth-first centuries. He brings a Black Studies lens to interrogate the ways that universities hide behind the notion of administering public goods to protect their tax-exempt status while generating astronomical profits off of the backs of working-class people, graduate student teachers and researchers, and underpaid and contingent faculty. We discuss the securitization and development implications of growing university wealth and how it engenders forms of radicalized plunder, racist policing, gentrification, and exploitation by the 1%. With a focus on this and more, we talk about what it means to live in the shadow of ivory tower. Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the global movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this Postscript, Susan Liebell and Lilly Goren review this morning’s U.S. Supreme Court decision in Texas SB-8, the oral arguments in last week’s Mississippi abortion case, and the wider issues of the Court’s legitimacy, electoral backlash, ripple effects beyond abortion to marriage equality or protection of sexuality, the effect of a ruling on electoral politics, and the effectiveness of grassroots organizing. We are joined by Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver). Daniella Campos assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. 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

Today we are joined by William J. Morgan, Professor Emeritus at the University of Southern California, and the author of Sport and Moral Conflict: A Conventionalist Theory (Temple University Press, 2020). In our conversation, we discussed three theories of sports ethics (formalism, internalism/interpretivism, and conventionalism.) We looked at how sports philosophers use historical controversies as test cases for their philosophical theories, but also applied those philosophical approaches to contemporary sports issues including the use of performance enhancing drugs and the payment of college athletes. Sport and Moral Conflict takes sport as a moral laboratory and Morgan wrote it as an extended conversation between theories of sports ethics. Each chapter addresses a different sports philosophical theory: formalism, a broad internalism that centres metaphysical methods, a broad internalism that uses a discourse method, and finally a conventionalist ethical theory of sport. He also outlines what he calls the two duelling conceptions of sport in the early 20th century, an amateur world guided by British public school athletes and a professional world of American scientific sportsmen. These two different sporting conceptions, according to Morgan, shape much of the athletic debate the age. Understanding the different world views of these two schools provides for conventionalists a way of comprehending contemporary moral controversy in sport. The bulk of Morgan’s book is an extensive and fairhanded analysis of alternative theories of sports ethics; the depth of his investigation defies easy summary. He looks closely at formalism and internalism, offering appraisals of these theories that highlight both their successes and their failures. For example, formalists like Bernard Suits not only succeeded in developing very plausible definitions of sports, but in their emphasis on the written rules of sport, also failed to appropriately consider the rules beyond the written rules that guide competitive performances. A close look at a range of test cases allow Morgan to interrogate the different sports philosophy approaches. In 1887, a baserunner that crossed home plate, tackled and held down the catcher which allowed two other runners to score. Was this behaviour permissible, even if it was technically not a rule violation? A formalist approach would have difficulty in dealing with these kinds of rules violation; by contrast, internalists and conventionalists stress the subtextual rules that shape athletes’ behaviours. The baserunners in 1887 were called out. Keith Rathbone is a senior lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. His book, entitled Sport and physical culture in Occupied France: Authoritarianism, agency, and everyday life, (Manchester University Press, 2022) examines physical education and sports in order to better understand civic life under the dual authoritarian systems of the German Occupation and the Vichy Regime. If you have a title to suggest for this podcast, please contact him at [email protected] and follow him at @keithrathbone on twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How has “cybersecurity” become a catch-all for everything that touches our digital world? In his new book, The Politics of Cybersecurity in the Middle East (Hurst, 2021), Dr. James Shires shows how myriad actors have exploited the prominent yet esoteric nature of the field, appropriating its symbolic power to serve their own interests. In the process, cybersecurity has grown to incorporate a series of seemingly distinct practices. An Assistant Professor at the Institute of Security and Global Affairs at the University of Leiden, Dr. Shires explores four discursive spaces where the language of cybersecurity permeates: cybersecurity as interstate digital conflict, cybersecurity as the protection of human rights, cybersecurity as domestic information control, and cybersecurity as the prevention of foreign interference. Through a close examination of each of these spaces within the Middle East, Dr. Shires deconstructs how various actors disguised value-laden arguments as technological imperatives—and how they reacted when they met resistance from skeptics. He concludes that politics, as much as the essentials of technology, often determines the scope and nature of cybersecurity. John Sakellariadis is a 2021-2022 Fulbright US Student Research Grantee. He holds a master’s degree in public policy from the School of International and Public Affairs at Columbia and a bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mobility has been central to the American identity—think of the automobile, the perceived freedom that comes with it, the open road—but Black Americans have never possessed the same freedom to move around as whites. From the slave patrols policing the movement of Black Americans in the nineteenth century to the indignities and violence that Blacks suffered on road-trips in the twentieth, Black travelers in the United States have faced violence, indignities, and a confusing and contradictory set of racist rules. This history—the history of the Black experience of travel in the United States—is expertly and beautifully told by Mia Bay in her new book Traveling Black: A Story of Race and Resistance (Harvard UP, 2021) In addition to examining the white-supremacist restrictions on Black travel, Bay—the Roy F. and Jeannette P. Nichols Chair in American History at the University of Pennsylvania—foregrounds how Black Americans coped (The Negro Motorist Green Book is one such example) and even resisted travel segregation. In fact, by putting travel at the center of her analysis, Bay sheds new light on the the civil rights movement. Finally, Bay concludes the book with an epilogue on the continuities into the present, writing that “there's no need to travel back in time to travel Black.” Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Power of Sympathy: Politics and Moral Sentimentalism is based on an in-depth filmed conversation between Howard Burton and Michael Frazer, Senior Lecturer in Political and Social Theory at the University of East Anglia. After a detailed discussion of Prof. Frazer’s intellectual journey, the conversation explores the core ideas behind the sentimentalist theory as outlined in Prof. Frazer’s book called The Enlightenment of Sympathy. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Smashing the Liquor Machine: A Global History of Prohibition (Oxford UP, 2021) is a unique retelling of the history of temperance and prohibition. Rather than focusing on white, rural, conservative American bible-thumpers, Mark Lawrence Schrad contends that the temperance movement was a progressive, international, and revolutionary movement of oppressed-peoples fighting the liquor traffic, through which states and rich capitalists combined to get the lower classes addicted to drink for profit. Schrad shows that the temperance movement was in fact a global pro-justice movement that had an impact in nearly every major country in the world, both developing and developed. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do terror and popularity merge under a dictatorship? How did the Gestapo deal with critics of Nazism? Based on hundreds of secret police case files, Enemies of the People explores the day-to-day reality of political policing under Hitler. Examining the Gestapo's policy of 'selective enforcement', J. Ryan Stackhouse challenges the abiding perception of the Gestapo as policing exclusively through terror. Instead, he reveals the complex system of enforcement that defined the relationship between state and society in the Third Reich and helps to explain the Germans' abiding support for Hitler and their complicity in the regime's crimes. Stories of everyday life in Nazi Germany paint the clearest picture yet of just how differently the Gestapo handled certain groups and actions, and the routine investigation, interrogation, and enforcement practices behind this system. Enemies of the People: Hitler's Critics and the Gestapo (Cambridge UP, 2021) offers penetrating insights into just how reasonable selective enforcement appeared to Germans, and draws unavoidable parallels with the contemporary threat of authoritarianism. Lea Greenberg is a scholar of German studies with a particular focus on German Jewish and Yiddish literature and culture; critical gender studies; multilingualism; and literature of the post-Yugoslav diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The contemporary opioid crisis is widely seen as new and unprecedented. Not so. It is merely the latest in a long series of drug crises stretching back over a century. In White Market Drugs: Big Pharma and the Hidden History of Addiction in America (U Chicago Press, 2020), David Herzberg explores these crises and the drugs that fueled them, from Bayer's Heroin to Purdue's OxyContin and all the drugs in between: barbiturate "goof balls," amphetamine "thrill pills," the "love drug" Quaalude, and more. As Herzberg argues, the vast majority of American experiences with drugs and addiction have taken place within what he calls "white markets," where legal drugs called medicines are sold to a largely white clientele. These markets are widely acknowledged but no one has explained how they became so central to the medical system in a nation famous for its "drug wars"--until now. Drawing from federal, state, industry, and medical archives alongside a wealth of published sources, Herzberg re-connects America's divided drug history, telling the whole story for the first time. He reveals that the driving question for policymakers has never been how to prohibit the use of addictive drugs, but how to ensure their availability in medical contexts, where profitability often outweighs public safety. Access to white markets was thus a double-edged sword for socially privileged consumers, even as communities of color faced exclusion and punitive drug prohibition. To counter this no-win setup, Herzberg advocates for a consumer protection approach that robustly regulates all drug markets to minimize risks while maintaining safe, reliable access (and treatment) for people with addiction. Accomplishing this requires rethinking a drug/medicine divide born a century ago that, unlike most policies of that racially segregated era, has somehow survived relatively unscathed into the twenty-first century. By showing how the twenty-first-century opioid crisis is only the most recent in a long history of similar crises of addiction to pharmaceuticals, Herzberg forces us to rethink our most basic ideas about drug policy and addiction itself--ideas that have been failing us catastrophically for over a century. David Herzberg is an associate professor of history at the University of Buffalo is also the author of Happy Pills in America from Milltown to Prozac. David is also the co-editor of the journal Social History of Alcohol and Drugs. Jay Shifman is a vulnerable storyteller, a stigma-destroying speaker, and the founder of Choose Your Struggle podcast. A guy in long-term recovery, Jay is dedicated to ending stigma and promoting fact-based education around Mental Health, Substance Misuse & Recovery, and Drug Use & Policy. You can learn more about Jay at his links here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As people reach for social justice and better lives, they create public goods--free education, public health, open parks, clean water, and many others--that must be kept out of the market. When private interests take over, they strip public goods of their power to lift people up, creating instead a tool to diminish democracy, further inequality, and separate us from each other. The Privatization of Everything: How the Plunder of Public Goods Transformed America and How We Can Fight Back (New Press, 2021), by the founder of In the Public Interest, an organization dedicated to shared prosperity and the common good, chronicles the efforts to turn our public goods into private profit centers. The Privatization of Everything connects the dots across a broad spectrum of issues and raises larger questions about who controls the public things we all rely on, exposing the hidden crisis of privatization that has been slowly unfolding over the last fifty years and giving us a road map for taking our country back. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Figures of the Future: Latino Civil Rights and the Politics of Demographic Change (Princeton UP, 2021) examines the “contemporary population politics of national Latino civil rights advocacy.” The book challenges readers to generally understand democratic projections as problematic, political, and manufactured -- and specifically consider the case of how prominent Latino civil rights groups used such projections during the Obama and Trump administrations to “accelerate the when of Latino political power.” Groups like UnidosUS, the League of United Latin American Citizens, and Voto Latino believed that they could mobilize demographic data about the growing Latino population to increase political recognition and respect -- hoping to unify and inspire. But Figures of the Future urges us to be attentive to the manner in which projected demographics can be “objects of aspiration” but also weaponized and sources of frustration. Deploying three main sources of data (participation observation, interviewing, and the collection of primary material) Dr. Michael Rodríguez-Muñiz asks us to see that “it is politics -- not demography -- that governs what we think and feel about ethnoracial demographic change.” We don’t need better data -- we need a more critical and vigilant eye to the political phenomenon. Dr. Michael Rodríguez-Muñiz is an assistant professor of sociology and Latina/Latino studies at Northwestern University. Daniella Campos assisted with and helped inspire 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

Jeffrey Bachman's edited volume Cultural Genocide: Law, Politics, and Global Manifestations (Routledge, 2019) asks where the boundaries between genocide and other kinds of mass atrocity violence rest and what the stakes are in locating them here rather than there. Bachman, Senior Professorial Lecturer at the American University and a co-host of this podcast, has assembled a wide-ranging set of scholars to consider how and why the label 'cultural genocide' has been so contentious over the past decades. Bachman's own essay (co-written with Lauren Carasik) explains how and why the term was eliminated from early drafts of the UN Convention on the Prevention and Punishment of Genocide. Other essays range from theoretical examinations to contemporary case studies to inquiries about redress and reconciliation. Many highlight little known conflicts or disputes. Collectively, they will challenge the reader to reconsider earlier understandings of genocide and its causes and consequences. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Suspect Communities: Anti-Muslim Racism and the Domestic War on Terror (University of Minnesota Press, 2019) is a powerful reassessment of the U.S. government’s “countering violent extremism” (CVE) program that has arisen in major cities across the United States since 2011. Drawing on an interpretive qualitative study, Nicole Nguyen, Associate Professor at the University of Illinois-Chicago, examines how the concept behind CVE—aimed at combating homegrown terrorism by engaging Muslim community members, teachers, and religious leaders in monitoring and reporting on young people—has been operationalized through the everyday work of CVE actors, from high-level national security workers to local community members, with significant penalties for the communities themselves. By undertaking this analysis, Nicole Nguyen offers a vital window into the inner workings of the U.S. security state and the devastating impact of the CVE program on local communities. In our conversation we discussed counterterrorism policy, radicalization theories, national security trainings and conferences, the difference between anti-Muslim racism and Islamophobia, public objections to CVE, activist resistance, how and why Muslims participate in policing communities, targeting Muslim youth, and the role of schools and teachers. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amid a string of fall 2021 news reports about past-due exonerations and (white) self-defense that document the limits of racial justice within the U.S. legal system, Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities (Brandeis University Press, 2021) becomes an even more relevant and timely book. Dr. Jan Nisbet, who authored the book with contributions from Nancy Weiss, introduces it succinctly: “The story is long, complicated, and filled with questions about society and its ability to care about, protect, and support the most vulnerable citizens. It is a story that calls into question the degree to which people who do not have disabilities can separate themselves from those who do, allowing painful interventions that they themselves would not likely tolerate” (2021, p. 8). If justice is central to evaluations of the social policies and public institutions charged with administering it, disability–as core issue theorized in philosophies of justice–must be centered as well (Putnam et al., 2019). To this end, Pain and Shock in America “intentionally highlights the hard-fought battles of disabled survivors like Jennifer Msumba and disabled-led advocacy organizations like the Autistic Self-Advocacy Network,” as “disabled self-advocates (who also happen to be lawyers)” (Nisbet 2021, p. vii-viii) Shain M. Neumeier and Lydia X.Z. Brown write in the Foreword––themselves appearing in the book as leaders with critical roles. The volume chronicles a nearly half-century saga involving the law, education, psychology, and medical fields as they converge in methods and culture of The Judge Rotenberg Center, a privately-run facility in Massachusetts which, despite six student deaths and consistent frequent citations for abuse and neglect, has been funded by taxpayers from about a dozen states and our nation’s capital as a placement for students with disabilities. Though its use of a self-made electric shock device makes the Judge Rotenberg Center unique in the country and perhaps the world, its institutional history provides a broader if extreme “lens through which we can understand the societal issues facing people with disabilities and their families” (Nisbet 2021, p. 10) Jan Nisbet is professor emeritus at the University of New Hampshire, where she served for ten years as the senior vice provost for research. Before assuming that position, she was the founding director of the Institute on Disability and professor in the Department of Education. She has been principal investigator on many state- and nationally-funded projects related to children and adults with disabilities. Nancy R. Weiss is a faculty member and the Director of the National Leadership Consortium on Developmental Disabilities at the University of Delaware. She is the former Executive Director of TASH, an international advocacy association committed to the full inclusion of people with disabilities. She has more than forty years of experience in the field of intellectual and developmental disabilities and has worked extensively providing community living and positive behavioral supports. Christina A. Bosch is an assistant professor of special education in the Literacy, Early, Bilingual and Special Education Department of the Kremen School of Education and Human Development at California State University Fresno; on Twitter as @DocCABosch Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We tend to think that states can act wrongfully, even criminally. Thus, we also tend to think that states can be held responsible for their acts. They can be made to pay compensation to their victims or suffer penalties with respect to their standing in the international community, and so on. The trouble, though, is that when states are held responsible, the cost of moral repair is transferred to the citizens of the offending state, including citizens who objected to the wrongful acts, may have been unaware of them, or were powerless to prevent them. What could justify this? In Responsible Citizens, Irresponsible States: Should Citizens Pay for their State’s Wrongdoings? (Oxford University Press 2021), Avia Pasternak develops a new defense of the idea that citizens have a duty to share in the burdens of their state’s wrongdoing. However, Avia also addresses the practical moral complexities of state wrongdoing, and defends a context-sensitive framework for distributing the burden. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This new book by James Kapaló and Kinga Povedák explores the complex intersection of secret police operations and the formation of the religious underground in communist-era Eastern Europe. In sixteen chapters, The Secret Police and the Religious Underground in Communist and Post-Communist Eastern Europe (Routledge, 2021) looks at how religious groups were perceived as dangerous to the totalitarian state whilst also being extremely vulnerable and yet at the same time very resourceful. In this podcast James and Kinga talk about what is special about secret police archives and how they allow us to explore the material culture, including things like photographs and food, of clandestine and secretive communities. They argue that stories from the archives continue to shape present day religious communities and postsocialist societies more generally as well as reflecting upon what comparing movements from eight different countries shows us that we might miss from looking just at one or two case studies. Roland Clark is a Senior Lecturer in Modern European History at the University of Liverpool, President of the Society for Romanian Studies, and a Senior Fellow with the Centre for Analysis of the Radical Right. 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 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

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

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

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

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

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

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

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

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

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

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

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

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 [email protected]. 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

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 [email protected] 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

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

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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

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

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’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

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

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

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

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

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law