New Books in Law

There are two problems that are typically siloed in the era of #MeToo and mass incarceration: sexual and gender violence, on the one hand, and the state’s unjust, ineffective, and soul-destroying response to it on the other. Is it possible to confront the culture of abuse? Is it possible to hold harm-doers accountable without recourse to a criminal justice system that redoubles injuries, fails survivors, and retrenches the conditions that made such abuse possible? The Feminist and the Sex Offender: Confronting Sexual Harm, Ending State Violence (Verso, 2020), by Judith Levine and Erica Meiners (Verso Books, 2020), develops an intersectional feminist approach to ending sexual violence. It maps with considerable detail the unjust sex offender regime while highlighting the alternatives we urgently need. Judith Levine is a longtime journalist and author of countless articles and commentaries in popular media and the author of five books, including Harmful to Minors: The Perils of Protecting Children From Sex, which won the LA Times Book Award. Erica Meiners is a professor of education and women's and gender studies at Northeastern Illinois University and the author of several books, most recently For the Children? Protecting Innocence in a Carceral State. 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

Over the past five years, medical aid-in-dying (also known as assisted suicide) has expanded rapidly in the United States, and is now legally available to one in five Americans. This growing social and political movement heralds the possibility of a new era of choice in dying. Yet very little is publicly known about how medical aid-in-dying laws affect ordinary citizens once they are put into practice. Sociological studies of new health policies have repeatedly demonstrated that the realities often fall short of advocacy visions, raising questions about how much choice and control aid-in-dying actually affords. Scripting Death: Stories of Assisted Dying in America (U California Press, 2021) chronicles two years of ethnographic research documenting the implementation of Vermont's 2013 "Patient Choice and Control at End of Life" Act. Author Mara Buchbinder weaves together stories collected from patients, caregivers, health care providers, activists, and legislators to illustrate how they navigate aid-in-dying as a new medical frontier in the aftermath of legalization. Scripting Death explains how medical aid-in-dying works, what motivates people to pursue it, and ultimately, why upholding the "right to die" is very different from ensuring access to this life-ending procedure. This unprecedented, in-depth account uses the case of assisted death as an entry point into ongoing cultural conversations about the changing landscape of death and dying in the United States. 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

Why is there such a deep partisan division within the United States regarding how health care should be organized and financed and how can we encourage politicians to band together again for the good of everyone? For decades, Democratic and Republican political leaders have disagreed about the fundamental goals of American health policy. The modern-day consequences of this disagreement, particularly in the Republicans' campaign to erode the coverage and equity gains of the Affordable Care Act, can be seen in the tragic and disparate impact of COVID-19 on the country. In Crossing the American Health Care Chasm: Finding the Path to Bipartisan Collaboration in National Health Care Policy (Johns Hopkins UP, 2021), Donald A. Barr, MD, PhD, details the breakdown in political relations in the United States. Why, he asks, has health policy, which used to be a place where the two sides could find common ground, become the nexus of fiery political conflict? Ultimately, Barr argues, this divide is more dangerous than ever at a time when health care costs continue to skyrocket, the number of uninsured Americans is rising, many state governments are chipping away at Medicaid, and the GOP has not let up in its efforts to dismantle the ACA. 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

Catholic Greg Bourke's profoundly moving memoir about growing up gay and overcoming discrimination in the battle for same-sex marriage in the US. In this compelling and deeply affecting memoir, Greg Bourke recounts growing up in Louisville, Kentucky, and living as a gay Catholic. Gay, Catholic, and American: My Legal Battle for Marriage Equality and Inclusion (U Notre Dame Press, 2021) describes Bourke's early struggles for acceptance as an out gay man living in the South during the 1980s and '90s, his unplanned transformation into an outspoken gay rights activist after being dismissed as a troop leader from the Boy Scouts of America in 2012, and his historic role as one of the named defendants in the landmark United States Supreme Court decision Obergefell vs. Hodges, which legalized same-sex marriage nationwide in 2015. After being ousted by the Boy Scouts of America (BSA), former Scoutmaster Bourke became a leader in the movement to amend antigay BSA membership policies. The Archdiocese of Louisville, because of its vigorous opposition to marriage equality, blocked Bourke's return to leadership despite his impeccable long-term record as a distinguished boy scout leader. But while making their home in Louisville, Bourke and his husband Michael DeLeon have been active members at Our Lady of Lourdes Catholic Church for more than three decades, and their family includes two adopted children who attended Lourdes school and were brought up in the faith. Over many years and challenges, this couple has managed to navigate the choppy waters of being openly gay while integrating into the fabric of their parish life community. Bourke is unapologetically Catholic, and his faith provides the framework for this inspiring story of how the Bourke DeLeon family struggled to overcome antigay discrimination by both the BSA and the Catholic Church and fought to legalize same-sex marriage across the country. Gay, Catholic, and American is an illuminating account that anyone, no matter their ideological orientation, can read for insight. It will appeal to those interested in civil rights, Catholic social justice, and LGBTQ inclusion. Author: Greg Bourke has had a long corporate career in information technology and management. He currently works as a health economist. Bourke and his husband, Michael De Leon, were named 2015 Persons of the Year by the National Catholic Reporter and have been active in establishing LGBTQ alumni networks at the University of Notre Dame, University of Louisville, University of Kentucky, and other organizations. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com. Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Gary Shiffman’s book The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism (Cambridge UP, 2020) serves as a fantastic introduction to anyone interested in thinking critically about terrorist, insurgency, and criminal groups of all sorts. Using case studies from multiple continents, ideological contexts, and political situations, Dr. Shiffman shows how the language and tools familiar to economists can assist policy makers and security personnel to combat rival ‘firms,’ as he classifies them. Arguing strongly against essentialist labels and stories about why these groups act the way that they do, Dr. Shiffman offers us an approach to understanding ‘illicit’ groups that would be recognizable to leaders of many ‘legitimate’ organizations. Dr. Gary Shiffman is a Professor at Georgetown University, the CEO of two software companies, a former Naval Officer and Border Patrol leader, a former Fortune 200 executive, and an engaging writer. His is the author of one other book on the Economic Instruments of Security Policy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When we talk about people crossing borders, policy makers, advocates, journalists, and academics often distinguish between “refugees” and “migrants.” Is this a useful legal fiction? Shorthand for an important distinction? Dr. Rebecca Hamlin argues that employing this binary limits protection for vulnerable people who are not protected by the rarified category of “refugee.” In Crossing: How We Label and React to People on the Move (Stanford UP, 2021), Dr. Hamlin confronts the binary -- and the effect it has on our study, policy-making, and conversations about border crossers. Her book traces the emergence of the concept of refugee in the context of sovereignty and colonialism, pushing back on notions of essentialism in favor of a constructed binary. The logic of the migrant/refugee binary obscure power imbalances by focusing on internal explanations for why people are leaving countries in the Global South (corruption, war, poverty) rather than externalist forces such as globalization, postcolonialism, and neoliberalism. Using varied data and methods, she provides insight into the scholarly fault lines and the historical and current role of the UNHCR (United Nations High Commission for Refugees) in perpetuating the binary. Her rich case studies reveal differences in how the binary is deployed in the Global North and South. Beautifully written and carefully argued, Dr. Hamlin challenges scholars and advocates for vulnerable border crossers to move beyond the binary, despite perceived risks. In the podcast (recorded days after the fall of the Afghan government), Dr. Hamlin reflects on the continuing effects of the binary in contemporary events -- and how it limits creative scholarship, policy-making, journalism, and conversation about vulnerable border crossers. She mentions Claudio Saunt’s Norton book, Unworthy Republic and also the Hamlin-Abdelaaty Migrants or Refugees? It's the Wrong Question published in the Monkey Cage. New Books in Political Science welcomes Dr. Lamis E. Abdelaaty as a part of this dynamic conversation and we look forward to new podcasts from Dr. Abdelaaty in the future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Religious liberty” is a phrase that we often hear, particularly in news stories revolving around Supreme Court decisions. But what is religious liberty and why is it often referred to as “the first liberty?” These are among the questions addressed in Kenneth Starr’s 2021 book, Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty (Encounter, 2021) Although Judge Starr possesses impeccable scholarly credentials, the book is intended for general readers. It is an informative blend of American legal and constitutional history and a primer for all of us about a crucial component of our set of rights as citizens. Even if you are not religious, the book will endow you with a greater understanding of an issue that frequently roils the body politic and that is both timeless and of ongoing concern. Think Masterpiece Cakeshop v. Colorado Civil Rights Commission—decided by the Supreme Court in 2018. Luckily, we have with us today one of America’s leading lawyers to walk us through the fascinating history of religious liberty and give us the lowdown on what we need to know should we find ourselves facing a choice between honoring our sabbath day and keeping our jobs. Kenneth Starr has been a figure of great note on the American legal landscape for decades. He is perhaps best known for his role in the Whitewater investigation during the Clinton administration and as a key member of Donald Trump’s defense team in the latter’s first impeachment trial. He has been among other things, a federal judge at the highest levels, a law school dean and a university president. Most significantly in terms of the subject matter of his new book and thus the main focus of our interview, he is a long-time champion of religious liberty and, as solicitor general under George HW Bush, argued before the Supreme Court such notable religious liberty and freedom of speech cases as Westside Community Schools v. Mergens, in which the Supreme Court found that a Bible club has the same right of equal access on school grounds as any other student-led organization. Judge Starr employs that famous case to illustrate one of the concepts discussed in book, equality. It is a cause dear to his heart and probably even more so given own quite humble origins in his home state of Texas. The common man aspects of Starr’s background have enabled him to make this book approachable to its intended broad-ranging audience. Most of us at one time or another have found ourselves in school, work or business environments or simply driving along a highway and it is surprising how often questions involving religious liberty pop up for average people in such settings. Starr guides the reader engagingly and expertly through such questions as: What is the Lemon Test? What do you need to know about religious liberty as a parent, public school or college student, teacher, small business owner or employee? How have wedding cakes, monuments in the shape of Christian crosses, public displays of the Ten Commandments on government property, and government-subsidized school bus rides played into all of this? What is “accommodation” in this context and when might you need to seek one and what should you do if you are denied it? What is the relationship between free speech and religious liberty? We welcome Judge Starr, a Christian gentleman of the first order. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second Amendment has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. In The Second: Race and Guns in a Fatally Unequal America (Bloomsbury, 2021) historian Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America. Dr. Carol Anderson is the Charles Howard Candler Professor and Chair of African American Studies at Emory University. She is the author of One Person, No Vote, longlisted for the National Book Award and a finalist for the PEN/John Kenneth Galbraith Award; White Rage, a New York Times bestseller and winner of the National Book Critics Circle Award; Bourgeois Radicals; and Eyes off the Prize. She was named a Guggenheim Fellow for Constitutional Studies. She lives in Atlanta, Georgia. Connect on Twitter @ProfCAnderson Dr. Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at State University of New York at Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rough Draft: Cold War Military Manpower Policy and the Origins of Vietnam-Era Draft Resistance (Cornell University Press, 2019) draws the curtain on the race and class inequities of the Selective Service during the Vietnam War. Amy J. Rutenberg argues that policy makers' idealized conceptions of Cold War middle-class masculinity directly affected whom they targeted for conscription and also for deferment. Federal officials believed that college educated men could protect the nation from the threat of communism more effectively as civilians than as soldiers. The availability of deferments for this group mushroomed between 1945 and 1965, making it less and less likely that middle-class white men would serve in the Cold War army. Meanwhile, officials used the War on Poverty to target poorer and racialized men for conscription in the hopes that military service would offer them skills they could use in civilian life. As Rutenberg shows, manpower policies between World War II and the Vietnam War had unintended consequences. While some men resisted military service in Vietnam for reasons of political conscience, most did so because manpower polices made it possible. By shielding middle-class breadwinners in the name of national security, policymakers militarized certain civilian roles—a move that, ironically, separated military service from the obligations of masculine citizenship and, ultimately, helped kill the draft in the United States. Amy J Rutenberg is Associate Professor of History and Co-Coordinator of the Social Studies Education Program at Iowa State University. Her work has appeared in Cold War History, The New York Times, and TheAtlantic.com. Catriona Gold is a PhD candidate in Geography at University College London. Her current work concerns the politics of travel in Cold War US; she has previously published on US military intervention in the 2013-16 Ebola epidemic. She can be reached by email or 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

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. In Beyond Cages: Animal Law and Criminal Punishment (Cambridge UP, 2019), Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Defined By Relationship is based on an in-depth filmed conversation between Howard Burton and Charles Foster, who is a writer, traveller, veterinarian, barrister, philosopher and Fellow of Green Templeton College, University of Oxford. This wide-ranging conversation provides a detailed exploration of several of his books in many different fields with a particular focus on Human Dignity in Bioethics and Law and the New York Times Bestseller Being a Beast. 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

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments. This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. 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

Children have the right to be raised by both their mother and father. That used to be a noncontroversial idea. But no longer. In their eye-opening 2021 book, Them Before Us: Why We Need a Global Children's Rights Movement (Post Hill Press, 2021), Katy Faust and Stacy Manning examine how children have been damaged by such developments as no-fault divorce, marriage equality, and the largely unregulated fields of surrogacy and in-vitro-fertilization. They argue that in the quest for the satisfaction of the desires of adults (the “Us” of the title), children (the “Them” of the title) have been treated as afterthoughts and made into tiny cheerleaders for lifestyles that have deprived the child of either a father or a mother by design. The authors quote extensively from a broad range of now adult children of same-sex couples, surrogacy and children of “donors” of sperm or eggs—which are not usually donated but bought and paid for. These personal testimonies are heartbreaking and expose the cost to the children of these arrangements and technologies. One example from a woman conceived via egg donation: It bothers me that I cost money, that the one woman I want most in this life is a stranger yet 50 percent of me. Sometimes I wish I weren’t born. I didn’t ask for this, and I never would have consented to it. The child of a male same-sex couple says: My five-year-old brain could not understand why I didn’t have the mom that I suddenly desperately wanted. I felt the loss. I felt the hole. As I grew, I tried to fill that hole with aunts, my dads’ lesbian friends, and teachers. I remember asking my first-grade teacher if I could call her Mom. I asked that question of any woman who showed me any amount of love and affection. It was instinctive. I craved a mother’s love even though I was well loved by my two gay dads. This is an invaluable, gripping record in their own words of the trauma inflicted on children of this brave new world. They are moving documents that show the dark side of social and scientific changes that are often lauded as utterly desirable and unproblematic. Faust and Manning detail the repercussions of three categories of intentional parental loss: children who experienced divorce and abandonment, children with LGBT parents, and children born of surrogacy and via sperm and/or egg donation. They point out, for example, the startling contrast between adoption (heavily regulated) and surrogacy (basically, shockingly unregulated). This is an expose of historic importance. It should be read by anyone interested in the fields of bioethics, sociology, psychology, child development, law, public policy, gender studies and concerned about the fate of children born of reproductive technologies or raised intentionally without a mother or a father. The ramifications of these vast and sudden changes have not been addressed sufficiently or candidly outside of conservative scholarly circles. A crucial readership for this book is that of would-be parents considering having children outside of a traditional marriage or producing children via sperm or egg donation. Read what the children of such arrangements say of their lifelong pain and feelings of loss before you rush into a parenthood that cannot take place without intentional biological parent deprivation. We’ll talk today with Katy Faust, the founder and director of Them Before Us and the co-author of this important book about the rights of children. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the course of a long and successful legal career, Morris Ernst established himself as one of Americas foremost civil libertarians. Yet his advocacy of free speech – an advocacy that established the case law on which much of the subsequent jurisprudence is based – stands in stark contrast with his opposition to communism and his longstanding support for J. Edgar Hoover and his anticommunist campaigns. In The Rise and Fall of Morris Ernst, Free Speech Renegade (U Chicago Press, 2021), Samantha Barbas explores these contradictions to better understand Ernest and his legacy for our times. The son of Jewish immigrants, as a young man in college Ernst developed a gift for argumentation and an interest in progressive politics. Entering private practice after earning his law degree, he developed a reputation as a free speech crusader during the 1920s thanks to a series of high-profile legal victories and his leadership within the American Civil Liberties Union (ACLU). Yet even while developing a national reputation as a liberal attorney Ernst adopted a strident opposition to communism that sometimes put him at odds with his peers. Such was his antipathy to it that he emerged as one of Hoover’s most visible defenders on the left in the 1940s and 1950s, even supplying the FBI director with insider information on ACLU activities. As Barbas explains, such activities reflected his desire to remain relevant at a time when his greatest achievements increasingly lay behind him. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Neurolaw is based on an in-depth filmed conversation between Howard Burton and Nita Farahany, Robert O. Everett Distinguished Professor of Law and Professor of Philosophy at Duke University. Nita Farahany is a leading scholar on the ethical, legal, and social implications of emerging technologies. This wide-ranging conversation examines the growing impact of modern neuroscience on the law, deepening our understanding of a wide range of issues, from legal responsibility to the American Constitution’s Fifth Amendment privilege against self-incrimination. 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

Sex abuse happens in all communities, but American minority religions often face disproportionate allegations of sexual abuse. Why, in a country that consistently fails to acknowledge—much less address—the sexual abuse of women and children, do American religious outsiders so often face allegations of sexual misconduct? Why does the American public presume to know “what’s really going on” in minority religious communities? Why are sex abuse allegations such an effective way to discredit people on America’s religious margins? What makes Americans so willing, so eager to identify religion as the cause of sex abuse? In Abusing Religion: Literary Persecution, Sex Scandals, and American Minority Religions (Rutgers UP, 2020), Megan Goodwin argues that sex abuse in minority religious communities is an American problem, not (merely) a religious one. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population. Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regulated way for the country’s relatively small population of heroin addicts. Yet these efforts often foundered on the economic factors involved, with many government officials protecting the trade either for personal profit or for the financial benefits the trade provided to their states. This trade only grew in the postwar era, as the explosion of drug use in the 1960s and the crackdown on the European heroin trade made Mexico an increasingly important supplier of narcotics to the United States. The vast profits to be made from this changed the nature of the trade from small-scale family-managed operations to much more complex organizations that increasingly employed violence to ensure their share of it. As Smith details, the consequences of this have proven enormously detrimental both to the Mexican state and to the Mexican people. 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 states come to monopolize control over migration? What do the processes that produced this monopoly tell us about the modern state? In Indian Migration and Empire: A Colonial Genealogy of the Modern State (Duke UP, 2018), Radhika Mongia provocatively argues that the formation of colonial migration regulations was dependent upon, accompanied by, and generative of profound changes in normative conceptions of the modern state. Focused on state regulation of colonial Indian migration between 1834 and 1917, Mongia illuminates the genesis of central techniques of migration control. She shows how important elements of current migration regimes, including the notion of state sovereignty as embodying the authority to control migration, the distinction between free and forced migration, the emergence of passports, the formation of migration bureaucracies, and the incorporation of kinship relations into migration logics, are the product of complex debates that attended colonial migrations. By charting how state control of migration was critical to the transformation of a world dominated by empire-states into a world dominated by nation-states, Mongia challenges positions that posit a stark distinction between the colonial state and the modern state to trace aspects of their entanglements. Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Worlding Postcolonial Sexualities: Publics, Counterpublics, Human Rights (Routledge, 2021) demonstrates how late twentieth century postcolonial print cultures initiated a public discourse on sexual activism and contends that postcolonial feminist and queer archives offer alternative histories of sexual precarity, vulnerability, and resistance. The book's comparative focus on India, Jamaica, and South Africa extends the valences of postcolonial feminist and queer studies towards a historical examination of South-South interactions in the theory and praxis of sexual rights. Analyzing the circumstances of production and the contents of English-language and intermittently bilingual magazines and newsletters published between the late 1970s and the late 1990s, these sources offer a way to examine the convergences and divergences between postcolonial feminist, gay, and lesbian activism. It charts a set of concerns common to feminist, gay, and lesbian activist literature: retrogressive colonial-era legislation impacting the status of women and sexual minorities; a marked increase in sexual violence; piecemeal reproductive freedoms and sexual choice under neoliberalism; the emergence and management of the HIV/AIDS crisis; precariousness of lesbian and transgender concerns within feminist and LGBTQ+ movements; and Non-Governmental Organizations as major actors articulating sexual rights as human rights. This methodologically innovative work is based on archival historical research, analyses of national and international policy documents, close readings of activist publications, and conversations with activists and founding editors. This is an important intervention in the field of gender and sexuality studies and is the winner of the 2020 Feminist Futures, Subversive Histories prize in partnership with the NWSA. The book is key reading for scholars and students in gender, sexuality, comparative literature, and postcolonial studies. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Property rights are important for economic exchange, but many governments don't protect them. Private market organizations can fill this gap by providing an institutional structure to enforce agreements, but with this power comes the ability to extort group members. Under what circumstances, then, will private organizations provide a stable environment for economic activity? Based on market case studies and a representative survey of traders in Lagos, Nigeria, this book argues that threats from the government can force an association to behave in ways that promote trade. The findings challenge the conventional wisdom that private good governance in developing countries thrives when the government keeps its hands off private group affairs. Instead, the author argues, leaders among traders behave in ways that promote trade primarily because of the threat of government intrusion. Shelby Grossman is a research scholar at the Stanford Internet Observatory. Dr. Grossman's primary research interests are in comparative politics and sub-Saharan Africa. She was previously an assistant professor of political science at the University of Memphis and a Postdoctoral Fellow at Stanford University’s Center on Democracy, Development, and the Rule of Law. Dr. Grossman earned her PhD in Government from Harvard University in 2016. Host Peter Lorentzen is an Associate Professor in the Department of Economics at the University of San Francisco, where he leads a new digital economy-focused Master's program in Applied Economics. His primary research interest is in the political economy of governance and development, particularly in China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Democracy: Clarifying the Muddle is based on an in-depth filmed conversation between Howard Burton and renowned political theorist John Dunn, University of Cambridge. Through an engaging dialogue format, John Dunn candidly shares his deep insights on the historical development and current significance and future of democracy in different parts of the world and the relevance of political science departments in achieving democracy and other worthwhile goals. 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

Art as an Interface of Law and Justice: Affirmation, Disturbance, Disruption (Hart Publishing, 2021) looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. Such calls may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. Frans-Willem Korsten speaks with Pierre d'Alancaisez about art that attempts to support - or disturb - law in pursuit of justice. He discusses Milo Rau's The Congo Tribunal, Valeria Luiselli's novel Lost Children Archive, the practice of Forensic Architecture, and Nicolas Winding Refn's film Only God Forgives. Through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. Frans-Willem Korsten holds the chair in “Literature and Society” at the Erasmus School of Philosophy and works at the Leiden University Centre for the Arts in Society in the Netherlands. Pierre d’Alancaisez is a contemporary art curator, cultural strategist, researcher. Sometime scientist, financial services professional. 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 Teacher Insurgency: A Strategic and Organizing Perspective (Harvard Education Press, 2020), Leo Casey addresses how the unexpected wave of recent teacher strikes has had a dramatic impact on American public education, teacher unions, and the larger labor movement. Casey explains how this uprising was not only born out of opposition to government policies that underfunded public schools and deprofessionalized teaching, but was also rooted in deep-seated changes in the economic climate, social movements, and, most importantly, educational politics. With an eye to maintaining the momentum of the insurgency, the author examines four key strategic questions that have arisen from the strikes: the relationship of mobilization to organizing; the relationship between protests and direct action; the conditions under which teacher strikes are most likely to be successful; and the importance of "bargaining for the common good." More broadly, Casey examines how to organize teachers for collective action, focusing on four discourses of teaching: teaching as nurturance; as professionalism; as labor and craft; and as a vocation of democratic intellectual work. Leo Casey is the Executive Director of the Albert Shanker Institute, a strategic think tank affiliated with the American Federation of Teachers. He taught and worked in New York City public high schools for twenty-eight years. During this time, he was a union activist and leader, serving for six years as a Vice President of New York City's United Federation of Teachers. In that role, he led the union's organizing in charter schools. Casey has won a number of awards for his teaching and was named the 1992 Social Studies Teacher of the Year for the American Teacher Awards. For ten years, his students--all of color, and predominantly immigrants and girls--won city and state championships in the "We the People" civics competition, twice placing fourth in the nation. Casey has worked with teachers in Tanzania and Russia on the development of civics education, and with teachers in China on promoting critical pedagogical methods. He has written extensively on civics, education, unionism and politics, in both print and on-line publications. Casey holds a PhD in political science from the University of Toronto. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to Cover Story, a podcast by New Books Network devoted to long form journalism. Today, we are talking to Texas-based writer Sarah Hepola. Hepola is most known from her brave writing about drinking and the 2015 bestselling memoir Blackout: Remembering the Things I Drank to Forget. She's appeared on NPR’s Fresh Air and published in The New York Times, The Guardian, Bloomberg Businessweek, Salon and Texas Monthly, where she is a writer-at-large. Today we are talking about her recent story “In Mobile City Everybody Knows Your Name” from August 2021 Texas Monthly. A very fresh piece. Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We often talk as if individuals have entitlements to certain kinds of information: medical test results, political representatives’ voting records, crime statistics, and the like. We also talk as if these entitlements entail duties on the part of others to provide the relevant information. Moreover, we talk as if the individual’s entitlement to information also entails a range of protections against misinformation, deception, and the like. Despite the fact that these ideas are common, there is surprisingly little in the philosophical literature about the nature and contours of the relevant entitlements. In her new book, The Right to Know: Epistemic Rights and Why We Need Them (Routledge, 2021), Lani Watson seeks to remedy this. She develops a conception of epistemic rights – a distinct class entitlements which nonetheless fits neatly into the existing landscape of rights theory. 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

Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive (Oxford UP, 2021) helps us think about the complexity of the American political system that has grown up over the past 200 years, and how this system functions (or, at times, misfunctions) given the demands and pressures on the governmental system and the American constitutional framework. Stephen Skowronek, John Dearborn, and Desmond King focus on the concept of the deep state, a term that was frequently used during the Trump Administration, with different meanings to different audiences and citizens. The deep state has also been more clearly revealed, in certain regards, by presidential inclinations towards the unitary executive. The phantoms of the title refer to the shadows of both the deep state and the unitary executive as embedded in the original constitutional arrangement crafted in Philadelphia in 1787, through the vesting clause in Article II, Congress’s capacity to expand the republic and create more and diverse aspects of government, and the way in which congressional legislation establishes both legal regulations and norms with which the executive branch and the president are expected to cooperate. A key contention by the authors is that this uneasy tension has been in the shadows of our constitutional system since the beginning, but during other periods, elected officials finessed some of these difficulties through the presidential nominating/selection process, and with attention from the parties and the roles that the parties played in managing the system itself. With the evolution of the selection system, particularly with the shift to direct primaries and caucuses, and with parties now operating as extensions of the presidency and the president, the unitary executive has become more entrenched within the system. This beleaguered republic may be moving towards the form and function of a presidential democracy, often leaning into populism, and away from the contours and structure of the original republic. The unitary executive can operate more freely because of the system’s commitment to separation of powers, with all executive power in the hands of the president. Parallel to these developments has been the slow growth of the administrative state in the U.S., derogatorily referred to as “the deep state.” As discussed in Phantoms of a Beleaguered Republic, the state is deep in a number of directions. The reach of the national government works its way to individuals, localities, and states through a host of different means and paths. The administrative state also extends horizontally, across the dimensions of the national government itself, with layers of civil servants, policy experts, political appointees, administrative judges, staff, all doing the work they are entrusted with by elected officials and led by the president. Phantoms of a Beleaguered Republic dives into these dual dimensions of our political system—the potential for unified power in the president and presidency, and the substantive capacity of the administrative state— bringing forward the tensions between this strengthened Executive and the national state the president leads as head of the executive branch. 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

In 2017, Myanmar's military launched a campaign of widespread targeted violence against its Rohingya minority. The horrific atrocities was later described by United Nations experts as genocide. This had been building since 2012, when earlier ethnic violence erupted between Buddhists and Muslims in Western Myanmar. These very grave incidents leading to the deaths and also the flight of thousands of Rohingya to neighbouring Bangladesh was the most concentrated exodus of people since the genocide in Rwanda in 1994. In Myanmar's Enemy Within: Buddhist Violence and the Making of the Muslim 'Other' (Zed Books, 2017, 2019), Francis Wade identifies the underlying causes which flamed division, segregation and resulted in a horrific loss of life and violence. Wade explores how the manipulations by a ruling elite turned prompted neighbours to take up arms against neighbour, by politicising ethnic identity. The crisis is contextualised in the legacy of British colonialism which calcified the previously fluid dynamics of cultural groups across the country.The military junta is shown to have exploited these divisions in its campaign which targeted the Rohingya minority. In the period of extreme violence, Wade draws out how the U.N., and more broadly, how Western backers of the apparent political transition to democratisation contemporaneously ignored the unfolding situation. Through his on-the-ground accounts, Wade explores how citizens experiencing rights and freedoms unseen for half a century, under a much lauded civilian leaders such as Aung San Suu Kyi, became complicit in this humanitarian catastrophe. Francis Wade is a journalist specialising in Myanmar and Southeast Asia. He began reporting on Myanmar in 2009 and went on to cover in-depth the transition from military rule and the violence which accompanied it. He has reported for The Guardian, The London Review of Books, TIME, New York Review of Books and more. 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

Constitutional Investigations is based on an in-depth filmed conversation between Howard Burton and Linda Colley, the Shelby M.C. Davis 1958 Professor of History at Princeton University. Linda Colley is a leading expert on British, imperial and global history since 1700. After inspiring insights about Linda Colley’s teachers and professors who had a strong impact on her future career as a historian, this wide-ranging conversation provides a detailed examination of the global history and present state of constitutions and their impact. 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

Rabbi Moses ben Nahman (1194–1270), known in English as Nahmanides and by the acronym the Ramban, was one of the most creative kabbalists, one of the deepest and most original biblical interpreters, and one of the greatest Talmudic scholars the Jewish tradition has ever produced. Join us as we talk with Moshe Halbertal about his recent book: Nahmanides: Law and Mysticism (Yale UP, 2020), where he provides a broad, systematic account of Nahmanides’s thought, exploring his conception of halakhah and his approach to the central concerns of medieval Jewish thought, as well as the relationship between Nahmanides’s kabbalah and mysticism and the existential religious drive that nourishes them. Moshe Halbertal is the John and Golda Cohen Professor of Jewish Thought and Philosophy at Hebrew University and Gruss Professor of Law at NYU Law School. He has also written Maimonides: Life and Thought. Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus(Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus(IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption(IVP Academic, 2020). He can be reached at [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

Jeffrey Jenkins and Justin Peck’s new book Congress and the First Civil Rights Era, 1861-1918 (U Chicago Press, 2021) explores how Congressional Republicans enacted laws aimed at establishing an inclusive, multiracial democracy. During the Civil War and Reconstruction, Congress crafted a civil rights agenda -- including laws, strict enforcement mechanisms, and Constitutional amendments that (for a brief time) enabled Black Americans to vote, sit on juries, and exercise other civil rights. Using a rich collection of data, the book documents how the Republican coalitions that passed and enforced civil rights weakened because of GOP political weakness in the South, shifts in the political preferences of Northern voters, and lack of GOP unity over core assumptions. Jenkins and Peck offer a Congress-centered American political development perspective to understand how Republicans built civil rights yet subsequently undermined the nascent multiracial democracy that their civil rights agenda helped make possible. The book focuses on the conflict within the Republican Party and electoral trends to argue that “policy enactments are a consequence of, and a window into, evolving attitudes about civil rights.” The book’s granular political history demonstrates how legal institutions -- created by majoritarian bodies like Congress -- liberated and protected an oppressed class of citizens but also reasserted the power of the white majority. Dr. Jeffery A. Jenkins is Provost Professor of Public Policy, Political Science, and Law, Judith & John Bedrosian Chair of Governance and the Public Enterprise, Director of the Bedrosian Center, and Director of the Political Institutions and Political Economy (PIPE) Collaborative at the University of Southern California’s Sol Price School of Public Policy. Dr. Justin Peck is an Assistant Professor in the Department of Government at Wesleyan University. In addition to his work on Congress and Civil Rights, he is engaged in a project that seeks to understand how the United States’ role in international affairs leads to the production of new political ideas and to the reform of domestic political institutions. Daniella Campos assisted with this podcast. Susan Liebell is professor of political science at Saint Joseph’s University in Philadelphia. “BLM versus #BLM:The Dangers of the New Armed Rebellion Narrative” was recently published as part of the Brennan Center for Justice’s series on Protest, Insurrection, and the Second Amendment and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” appeared in July 2021’s Polity. Email her comments at [email protected] or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Office of Management and Budget (OMB) is sometimes described as “the most important governmental office no one has ever heard of” and it certainly occupies a very important position and role in the functioning of the American presidency and the way that the Executive branch operates. Political Scientists Meena Bose (Hofstra University) and Andrew Rudalevige (Bowdoin College) have edited an excellent primer on OMB, not just in terms of exploring what it does and how it works, but also integrating a host of perspectives examining the history, function, and details of OMB. The book begins with a Forward and an introductory chapter by the Honorable Jacob J. Lew, who served as OMB Director during both the Clinton and Obama Administrations. Lew’s chapter sets up the rest of the work in Executive Policymaking: The Role of the OMB in the Presidency (Brookings Institution Press, 2020), since he discusses OMB as an insider and a leader of the agency, as well as from the position as a cabinet secretary who also needed to work with OMB and as President Obama’s chief of staff, a position that requires a similar kind of broad understanding of the functioning and structure of the entire Executive branch. The rest of the chapters in Executive Policymaking follow Lew’s lead, with analysis from academics who study and research the presidency and the Executive branch and bureaucracy along with co-authored chapters that bring in the perspectives from other current and former OMB employees. The Office of Management and Budget has evolved from the Bureau of the Budget (BOB) that was put into place in 1921, a century ago. Over time, the BOB was moved to the Department of Treasury, but OMB was given more the responsibilities that provide it with the capacity to essentially manage the workings of the Executive branch, which is no small undertaking. The president’s budget is the way that the Executive branch can broadly manage the priorities of the bureaucracy, and OMB is the centralizing actor in the way that this essentially operates. Bose and Rudalevige, both experts on the presidency and the bureaucracy, have brought together authors who examine OMB from important and distinct perspectives. The first section of Executive Policymaking explains the role that OMB plays in the federal budget process. This section also includes a chapter that specifically looks at the president’s budget powers during the Trump Era, since abuse of these powers also led to the first of President Donald Trump’s two impeachments. The next part of the book explores Executive Orders, Central Clearance, and the Office of Information and Regulatory Affairs (OIRA), all of which are key components of the role that OMB plays in regard to the Executive branch agencies and departments. The final section of the book shifts the focus a bit from the budget to management, looking at the role that OMB plays in terms of managing the entirety of the Executive branch and also managing itself. The authors in this section also include OMB employees, who speak to their own experiences working inside this complex and important agency and the role and position that OMB holds in relation to the president, the presidency, and the Executive branch. This is a fascinating and useful examination of the many dimensions of the Office of Management and Budget, placing the agency in historical, political, and institutional context. 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

According to Jonathan Swift (1667-1745) 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' Connecting the politics of abolition to wider emancipatory struggles for liberation and social justice, David Scott's book For Abolition: Essays on Prisons and Socialist Ethics (Waterside Press, 2020) argues that penal abolitionism should be understood as an important public critical pedagogy and philosophy of hope that can help to reinvigorate democracy and set society on a pathway towards living in a world without prisons. For Abolition draws upon the socialist ethics of dignity, empathy, freedom and paradigm of life to systematically critique imprisonment as a state institution characterised by 'social death'. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Heritage Politics in China: The Power of the Past (Routledge, 2020) studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present. As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies, and interviews with policymakers, practitioners, and local communities, the authors offer a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The rights of pregnant workers as well as (the lack of) paid maternity leave have increasingly become topics of a major policy debate in the United States. Yet, few discussions have focused on the U.S. military, where many of the latest policy changes focus on these very issues. Despite the armed forces' increases to maternity-related benefits, servicewomen continue to be stigmatized for being pregnant and taking advantage of maternity policies. In Militarized Maternity: Experiencing Pregnancy in the U.S. Armed Forces (U California Press, 2021) , Megan McFarlane analyzes military documents and conducts interviews with enlisted servicewomen and female officers. She finds a policy/culture disparity within the military that pregnant servicewomen themselves often co-construct, making the policy changes significantly less effective. McFarlane ends by offering suggestions for how these policy changes can have more impact and how they could potentially serve as an example for the broader societal debate. Dr. Megan McFarlane is an Assistant Professor at Marymount University. Her most recent research centers on women’s reproductive health care policies, with a particular focus on maternity (pre-pregnancy, pregnancy, and postpartum). Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at SUNY Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Americans rely on credit to provide for their food, clothing, shelter, transportation, and other daily necessities and the 2008 financial crisis demonstrated how they relied on private financial institutions that encouraged risky lending practices. Yet federal policy makers did little to change their approach to curbing risky lending practices and there was little political response from consumers or consumer groups. How can political scientists explain the behavior of government actors, interest groups, or borrowers? In Democracy Declined: The Failed Politics of Consumer Financial Protection (U Chicago Press, 2020), Dr. SoRelle insists that the expansion of consumer financing -- in terms of access and economic significance -- is fundamentally a political issue with serious political and economic consequences. She offers a policy-centered explanation sensitive to what she calls regulatory feedback effects that shape the behavior of bureaucrats, consumer advocates, and ordinary Americans. Individuals did not fail – they responded to systemic incentives and goals. SoRelle explains how angry borrowers' experiences with nearly invisible government policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals--they threaten the stability of entire economies. In addition to explaining the political dynamics of failure, SoRelle identifies possible remedies. This multi-method scholarship contributes to our understanding of policy feedback in an important and timely case study. Dr. Mallory E. SoRelle is an assistant professor at the Sanford School of Public Policy at Duke University. Her research interrogates how public policies are produced by, and how they reproduce, socioeconomic and political inequality in the United States. She has worked in both electoral politics and consumer advocacy. The podcast drops the week of the 10th anniversary of the Consumer Financial Protection Bureau. Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists appeared in the Washington Post’s Monkey Cage and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” can be found in July 2021’s Polity. Email her comments at [email protected] or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is China's new vision for regulating cyberspace? What does its new Data Security Law intend to do? Is China's Personal Information Protection Law comparable to Europe’s GDPR? What are the ramifications of China's plan to become a major global cyberpower in other parts of the world? In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, Rogier Creemers, an Assistant Professor in Modern Chinese Studies at Leiden University, discusses China's latest laws and policies in the digital space and China's plans to become a global AI leader. Creemers says China’s new Data Security Law is innovative and unique as it potentially covers every piece of data in the country. He explains that personal information protection in China's legal context concerns more about confidentiality rather than privacy. He observes how China's regulations targeting tech platforms share significant similarities with the ones in the EU. As China and Europe come to a convergence in terms of what is happening in the digital space, a previous notorious term, "cyber sovereignty", is gaining popularity. Rogier Creemers has a background in Sinology and a PhD in Law. His research focuses on Chinese domestic digital technology policy, as well as China's growing importance in global digital affairs. He is the principal investigator of the NWO Vidi Project "The Smart State: Big Data, Artificial Intelligence and the Law in China". For the Leiden Asia Centre, he directs a project on China and global cybersecurity, funded by the Dutch Ministry of Foreign Affairs. He is also a co-founder of DigiChina, a joint initiative with Stanford University and New America. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast About NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In First to Fall: Elijah Lovejoy and the Fight for a Free Press in the Age of Slavery (Pegasus Books, 2021), Ken Ellingwood takes readers back to the first true test of the First Amendment's guarantees of free speech and a free press through the story of abolitionist newspaper editor Elijah Lovejoy. The story unfolds during the 1830s, a period known for legal efforts to silence the abolitionist movement by states across the South and violent mobs who picked up that charge when the government could not. Lovejoy pushed back against both of those forces and ultimately succumbed to them, becoming a martyr for the abolitionist movement and a wakeup call about how essential a free press was to a free country and a thriving democracy in America. Lovejoy's story is worth revisiting now at time when attacks against journalists are again on the rise and the press is considered by some to be the "enemy of the people." Ellingwood does a wonderful job of capturing it in this book and bringing this important time in American history to light. Ken Ellingwood is an award-winning journalist, Ken Ellingwood has been posted in the San Diego, Mexico City, Jerusalem, and Atlanta bureaus of the Los Angeles Times. He is the author of the critically acclaimed (and prescient) work of investigative journalism Hard Line: Life and Death on the U.S.-Mexico Border. He currently lives in Abu Dhabi. Jenna Spinelle is an instructor in the Donald P. Bellisario College of Communications at Penn State and host of the Democracy Works podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As soon as US media and politicians became aware of AIDS in the early 1980s, fingers were pointed not only at the gay community but also at other countries and migrant communities, particularly Haitians, as responsible for spreading the virus. Evangelical leaders, public health officials, and the Reagan administration quickly capitalized on widespread fear of the new disease to call for quarantines, immigration bans, and deportations, scapegoating and blaming HIV-positive migrants--even as the rest of the world regarded the US as the primary exporter of the virus. In The Borders of AIDS: Race, Quarantine, and Resistance (U Washington Press, 2021), Karma Chávez demonstrates how such calls proliferated and how failure to impose a quarantine for HIV-positive citizens morphed into the successful enactment of a complete ban on the regularization of HIV-positive migrants--which lasted more than twenty years. News reports, congressional records, and AIDS activist archives reveal how queer groups and migrant communities built fragile coalitions to fight against the alienation of themselves and others, asserting their capacity for resistance and resiliency. Building on existing histories of HIV/AIDS, public health, citizenship, and immigration, Chávez establishes how politicians and public health officials treated different communities with HIV/AIDS and highlights the work these communities did to resist alienation. You can get 30% off the cost of the book using the code WST30 when you are purchasing from the publishers University of Washington Press. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In today’s interview, we speak with Dr. Jon Gordon, incoming Assistant Professor of Sociology at Appalachian State University, who tells us about his research with criminalized men in an armed group in a marginal neighborhood in Medellín, Colombia. Jon tells us how his experiences as a teacher in both Chicago and Medellín got him interested in studying gangs and violence. He explains how doing 45 months of fieldwork allowed him to track changes in the group he studied and talks about the value—and marginalization—of long-term ethnographic fieldwork. He also reflects on how he dealt with the psychological toll of witnessing violence, and how the men he studied subverted traditional gender roles in surprising ways. Finally, he describes what happened when his mother and partner entered his field site, and the ethnographic importance of a bologna sandwich. Learn more about Dr. Gordon’s research here. Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Dr. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It might seem somewhat paradoxical that in the Wars of 1898 and their aftermath—the era in which the United States expanded its imperial reach deep into the Caribbean and Pacific—international law became a feature of US foreign policy. In the midst of all of the militarism (think of Teddy Roosevelt’s roughriders storming Cuba), colonial conquest, and the use of torture to quash Philippine resistance to US colonial rule, the US government sought to make its empire legalistic and to help build a broader international legal order. Benjamin Coates, in his book Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century (Oxford UP, 2019), ably dissects this project, and, in the process, helps illuminate aspects of the United States’ overseas empire that other scholars have overlooked. Coates, an associate professor at Wake Forest University, explores the many ways in which international law bolstered imperial rule and interimperial relations. International-law arguments, for example, helped justify the seizure of the Panama Canal Zone. In Coates’ telling, then, it was not a coincidence that the US foreign-policy apparatus lawyered up—filling the State Department’s ranks with a multitude of international lawyers—at the same moment that it began to administer colonial populations abroad. I hope you enjoy our discussion! 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

In State Secrecy and Security: Refiguring the Covert Imaginary (Routledge, 2021), William Walters calls for secrecy to be given a more central place in critical security studies and elevated to become a core concept when theorising power in liberal democracies. Through investigations into such themes as the mobility of cryptographic secrets, the power of public inquiries, the connection between secrecy and place-making, and the aesthetics of secrecy within immigration enforcement, Walters challenges commonplace understandings of the covert and develops new concepts, methods and themes for secrecy and security research. Walters identifies the covert imaginary as both a limit on our ability to think politics differently and a ground to develop a richer understanding of power. State Secrecy and Security offers readers a set of thinking tools to better understand the strange powers that hiding, revealing, lying, confessing, professing ignorance and many other operations of secrecy put in motion. It will be a valuable resource for scholars and students of security, secrecy and politics more broadly. William Walters is Professor of Politics and Faculty of Public Affairs Research Excellence Chair at Carleton University, Ottawa. His current research concerns secrecy, migration and deportation infrastructures. He has published widely in the areas of political sociology, political geography, citizenship studies, security and insecurity, and Foucault studies. Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office; she has previously published on US Africa Command and the 2013-16 Ebola epidemic. She can be reached by email or 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

In Faith in Freedom: Muslim Immigrant Women’s Experiences of Domestic Violence (Melbourne University Press, 2019), Nafiseh Ghafournia explores questions of domestic violence in the context of Muslim immigrant women in Australia. Aiming to correct existing accounts of Muslim women’s lives and experiences particularly as immigrants, the study uses an intersectional framework to deepen our understanding of the ways that immigrant Muslim women understand, experience, and respond to domestic violence. Among the themes that the book covers are the relationships between culture, religion, gender, and immigration status in the context of domestic violence; why and when, if at all, might women leave abusive relationships; the various kinds of domestic violence that immigrant Muslim women experience, including physical, psychological, financial, spiritual, sexual, in-laws, and immigration-related violence; services available to victims and survivors of abuse; and essential information for service providers and policy makers. The book will appeal to anyone interested in immigrant experiences, domestic violence from an intersectional perspective, Muslim women; and because of its practical value, it should also be read by service providers, policymakers, ESL educators, and others who interact with immigrants on a regular basis. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She is currently working on a book project on Muslim women's marriage to non-Muslims in Islam. Shehnaz runs a YouTube channel called What the Patriarchy?!, where she vlogs about feminism and Islam in an effort to dismantle the patriarchy and uproot it from Islam (ambitious, she knows). She 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

Why are land rights so bitterly contested in Indonesia, even after the end of Suharto’s New Order in 1998? What methods have grassroots movements used to re-possess – or to occupy – lands that have been seized by powerful entities? How come small-scale Indonesian farmers and marginalized communities crave legal recognition from the state? How did the Free Aceh Movement make the post-conflict land rights situation there worse than before? And why does Christian Lund insist that his new book is not primarily a book about Indonesia? And above all, why is “What is to be done?” the wrong question to ask about the problem of land dispossession? In this wide-ranging conversation with NIAS Director Duncan McCargo, Christian Lund – a professor in the Department of Food and Resource Economics at the University of Copenhagen – talks about his ground-breaking new book, Nine-Tenths of the Law: Enduring Dispossession in Indonesia (Yale UP, 2021). Christian explains how he switched from studying Ghana to working on ‘bedazzling’ Indonesia; and what he discovered during a long, collaborative journey of deep ethnographic immersion, during which he focused on troublesome and intractable questions of land rights, in cases drawn from North Sumatra, West Java and Aceh. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast About NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There are few movements more firmly associated with civil disobedience than the Civil Rights Movement. In the mainstream imagination, civil rights activists eschewed coercion, appealed to the majority's principles, and submitted willingly to legal punishment in order to demand necessary legislative reforms and facilitate the realization of core constitutional and democratic principles. Their fidelity to the spirit of the law, commitment to civility, and allegiance to American democracy set the normative standard for liberal philosophies of civil disobedience. This narrative offers the civil disobedience of the Civil Rights Movement as a moral exemplar: a blueprint for activists who seek transformative change and racial justice within the bounds of democracy. Yet in this book, Erin R. Pineda shows how it more often functions as a disciplining example—a means of scolding activists and quieting dissent. As Pineda argues, the familiar account of Civil Rights disobedience not only misremembers history; it also distorts our political judgments about how civil disobedience might fit into democratic politics. Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021) charts the emergence of this influential account of civil disobedience in the Civil Rights Movement, and demonstrates its reliance on a narrative about black protest that is itself entangled with white supremacy. Liberal political theorists whose work informed decades of scholarship saw civil disobedience "like a white state": taking for granted the legitimacy of the constitutional order, assuming as primary the ends of constitutional integrity and stability, centering the white citizen as the normative ideal, and figuring the problem of racial injustice as limited, exceptional, and all-but-already solved. Instead, this book "sees" civil disobedience from the perspective of an activist, showing the consequences for ideas about how civil disobedience ought to unfold in the present. Building on historical and archival evidence, Pineda shows how civil rights activists, in concert with anticolonial movements across the globe, turned to civil disobedience as a practice of decolonization in order to emancipate themselves and others, and in the process transform the racial order. Pineda recovers this powerful alternative account by adopting a different theoretical approach—one which sees activists as themselves engaged in the creative work of political theorizing. 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 Sorting Sexualities: Expertise and the Politics of Legal Classification (University of Chicago Press, 2021), Stefan Vogler deftly unpacks the politics of the techno-legal classification of sexuality in the United States. His study focuses specifically on state classification practices around LGBTQ people seeking asylum in the United States and sexual offenders being evaluated for carceral placement--two situations where state actors must determine individuals' sexualities. Though these legal settings are diametrically opposed--one a punitive assessment, the other a protective one--they present the same question: how do we know someone's sexuality? In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Between 2009 and 2014, an anti-homosexuality law circulating in the Ugandan parliament came to be the focus of a global conversation about queer rights. The law attracted attention for the draconian nature of its provisions and for the involvement of US evangelical Christian activists who were said to have lobbied for its passage. Focusing on the Ugandan case, Out of Time: The Queer Politics of Postcoloniality (Oxford UP, 2020) seeks to understand the encounters and entanglements across geopolitical divides that produce and contest contemporary queerphobias. It investigates the impact and memory of the colonial encounter on the politics of sexuality, the politics of religiosity of different Christian denominations, and the political economy of contemporary homophobic moral panics. In addition, Out of Time places the Ugandan experience in conversation with contemporaneous developments in India and Britain--three locations that are yoked together by the experience of British imperialism and its afterlives. Intervening in a queer theoretical literature on temporality, Rahul Rao argues that time and space matter differently in the queer politics of postcolonial countries. By employing an intersectional analysis and drawing on a range of sources, Rao offers an original interpretation of why queerness mutates to become a metonym for categories such as nationality, religiosity, race, class, and caste. The book argues that these mutations reveal the deep grammars forged in the violence that founds and reproduces the social institutions in which queer difference struggles to make space for itself. Dr. Rahul Rao is Reader in Political Theory at SOAS University of London. He is also the author of Out of Third World Protest: Between Home and the World (2010) also published by Oxford University Press. He is a member of the Radical Philosophy collective and blogs at The Disorder of Things. He is currently writing a book about the politics of statues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In America on Fire: The Untold History of Police Violence and Black Rebellions since the 1960s (Liveright, 2021) Dr. Elizabeth Hinton asserts the significance of Black rebellions in post-civil rights America, arguing that the riots were indeed rebellions or political acts in response to the failures and unfulfilled promises of the Civil Rights period. She investigates an overlooked trend of Black uprisings emanating from poor and working-class Black neighborhoods, towns, and cities often sparked by police terror between 1964 and 1972. In refuting the racist pathologies that community violence in response to racist policing and economic disinvestment has been assigned by commissions, politicians, liberals and conservatives alike, Hinton presents a redefinition through the analytic of rebellion that enhances our understanding of resistance to anti-Blackness and policing today. 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 grassroots 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 many ways, divorce is a quintessentially personal decision—the choice to leave a marriage that causes harm or feels unfulfilling to the two people involved. But anyone who has gone through a divorce knows the additional public dimensions of breaking up, from intense shame and societal criticism to friends’ and relatives’ unsolicited advice. In Intimate Disconnections: Divorce and the Romance of Independence in Contemporary Japan (University of Chicago Press, 2020), Allison Alexy tells the fascinating story of the changing norms surrounding divorce in Japan in the early 2000s, when sudden demographic and social changes made it a newly visible and viable option. Not only will one of three Japanese marriages today end in divorce, but divorces are suddenly much more likely to be initiated by women who cite new standards for intimacy as their motivation. As people across Japan now consider divorcing their spouses, or work to avoid separation, they face complicated questions about the risks and possibilities marriage brings: How can couples be intimate without becoming suffocatingly close? How should they build loving relationships when older models are no longer feasible? What do you do, both legally and socially, when you just can’t take it anymore? Relating the intensely personal stories from people experiencing different stages of divorce, Alexy provides a rich ethnography of Japan while also speaking more broadly to contemporary visions of love and marriage during an era in which neoliberal values are prompting wide-ranging transformations in homes across the globe. This book is available open access. Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Discussions of the ethics and politics of immigration tend to focus on those seeking entry into a new society. We ask whether a country has the “right to exclude” those who want to relocate within it. We explore the moral implications of more-or-less restrictive immigration policies, often with a view towards the plight of immigrants and refugees. These are of course important questions, but in his new book, Immigration and Freedom (Princeton University Press, 2021) Chandran Kukathas argues that a state’s immigration policies also exert control over its domestic population. He asks whether this exercise of power is justifiable. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law