New Books in Law

Saadia Yacoob’s excellent new book, Beyond the Binary: Gender and Legal Personhood in Islamic Law (U of California Press 2024), makes a compelling argument about gender and Islamic law that has been shockingly overlooked: Legal personhood in Islamic law is intersectional and relational, and gender is not a binary. While Muslims commonly treat gender as a fixed, stand-alone category in Islam that fundamentally shapes an individual’s legal status, Yacoob shows that that legal status in Islamic law was not determined by fixed categories of male or female but by a complex web of social hierarchies, including class, age, freedom, enslavement, social status, and lineage. She challenges the conventional binary understanding of gender by drawing on a rich array of historical, early Hanafi texts from the ninth to twelfth centuries. With insightful coverage of topics such as marriage, slavery, and sexual ethics, Yacoob finds that the categories of man and woman are unstable and conditional in Islamic law. In fact, she shows, the person’s legal and social status determined their role in society and not just their role but also how they were punished and treated in the law. Further, she argues that the category gender “did not exist as a group that had shared interests or a shared social position that led to a shared legal personhood as men or women” (p. 92). In our interview today, Yacoob describes the origins of the book and its main arguments and findings and explains what she means by “beyond the binary” and “legal personhood” in the title of the book. We also discuss the specific chapters and some of the major themes that show up in each chapter, such as illicit sex and its consequences depending on one’s legal personhood, how a “child” was understood in her sources, what the terms “emphasized femininity” and “hegemonic masculinity” mean. Yacoob also explains what scholars miss by using only “gender” as an analytical category for studying power relations in Islamic law. We end with some of the practical implications of the arguments and findings of this book for both academics and lay Muslims, such as how we can use Islamic law itself to build our critiques of where we are today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The horror genre has endured a long and controversial success within popular culture. Fraught with accusations pertaining to its alleged ability to harm and corrupt young people and indeed society as a whole, the genre is constantly under pressure to suppress that which has made it so popular to begin with - its ability to frighten and generate discussion about society's darker side. In The Myth of Harm: Horror, Censorship and the Child (Bloomsbury, 2022), Dr. Sarah Cleary analyses controversies, myths, and falsehoods surrounding the genre of horror. Focusing on five major controversies, the text examines how horror media has become a scapegoat for political and social issues, platforms for “moral entrepreneurs” and tools of hyperbole for the news industry. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States incarcerates its citizens for property crime, drug use, and violent crime at a rate that exceeds any other developed nation – and disproportionately affects the poor and racial minorities. Yet the U.S. has never developed the capacity to consistently prosecute corporate wrongdoing. This disjuncture between the treatment of street and corporate crime is often narrated as hypocrisy. Others suggest that the disparity is rooted in a conservative backlash after the civil rights movement and the Great Society or a legacy of slavery, Jim Crow, and the racialization of crime. In Dual Justice: America's Divergent Approaches to Street and Corporate Crime (U Chicago Press, 2024), Dr. Anthony Grasso interrogates the intertwined histories of street and corporate crime to find that the differences in punishment are more than modern hypocrisy. Examining the carceral and regulatory states' evolutions from 1870 through today, Grasso argues that divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference such as eugenics to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct. Even after eugenics was discredited, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Using an impressive array of sources and methods, Dr. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America's legal system. Dr. Anthony Grasso is an assistant professor of political science at Rutgers University Camden. His research focuses on American political development, law, and inequality. Mentioned: Susan’s interview with Dr. Joanna Wuest on Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement David Vogel, Fluctuating Fortunes: The Political Power of Business in America (Beard Books, 1989) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

I spoke with an accomplished attorney and innovative law professor Rodger Citron of the Touro Law School about the complex relationships between history and... yes, law. We talked about how the Nuremberg trials of Nazi criminals after World War II shaped the US legal philosophy. We dug into themes like the tensions between originalism and evolving interpretations of the Constitution and how judges’ personal histories impact supposedly objective rulings. We discussed Judge Irving Kaufman (famous for sentencing Julius and Ethel Rosenberg to death in 1951) and how his complex legacy offers insight into the human dimension of the judiciary. We also discussed a recent Supreme Court case, Mallory v. Norfolk Southern Railway Company, to illustrate the evolving (and surprising) tensions between originalism and "Living Constitution" approaches to law. With serious legal questions bound to arise during Trump's second term as president, and a bloody land war raging in Europe, this is a timely topic for anyone eager to understand the implications of history to contemporary institutions and events. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this week’s episode we step into conversation with Keith Whittington about his new book, The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool (Princeton UP, 2024), we explored the historical and constitutional dimensions of impeachment in American politics. Whittington provided a detailed account of how the Founders intended impeachment to function as a safeguard against executive overreach. We discussed the evolution of impeachment cases, from Andrew Johnson to more recent examples, examining how political partisanship and public opinion have shaped its application over time. Whittington also reflected on the implications of impeachment for the health of democratic institutions and constitutional governance today. It was an enlightening discussion on one of the most important, yet often misunderstood, mechanisms in the U.S. Constitution. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. He is the author of You Can't Teach That! The Battle Over University Classrooms (2024), Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019), and Speak Freely: Why Universities Must Defend Free Speech (2018), as well as Constitutional Interpretation (1999), Political Foundations of Judicial Supremacy (2007), and other works on constitutional theory and law and politics. Whittington has spent most of his career at Princeton University, where he served as the William Nelson Cromwell Professor of Politics from 2006 to 2024. He has also held visiting appointments at Georgetown University Law Center, Harvard Law School, and the University of Texas School of Law. Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There has been a lot of commentary from scholars and journalists as to the meaning of Donald Trump’s three appointments to the United States Supreme Court – with regards to changes in jurisprudence, increased separation of the Court from political processes that legitimate it. Drs. Kirsten Widner and Anna Gunderson have done something a little different using tools from political science. Their new book, The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021 (Cambridge UP 2024), examines how the changing composition of the US Supreme Court affects who participates in advocacy before the Court. Who thinks to bring a case to the Supreme Court and has that changed since three new justices were appointed during the presidency of Donald Trump? Their book argues that Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have changed the behavior of both litigants (people bringing cases) and amicus curiae (groups that write briefs in support of either side). Their study demonstrates that the growing conservatism of the Court radically reshaped the incentives of interested parties and, as a result, their participation in litigation activity. These changes in incentives have both normative and substantive importance – decreasing the power of marginalized groups and increasing opportunities for people and groups with conservative interests. Their study shows how the makeup of the Supreme Court affects the issues heard and which voices are heard loudest in the documents. Kirsten Widner is an Assistant Professor of Political Science at the University of Tennessee, Knoxville. She received her JD from the University of San Diego School of Law and her PhD from Emory University. Her research focuses on the political representation of marginalized and unenfranchised groups. Anna Gunderson is an Associate Professor of Public Affairs at the University of Texas, Austin and she received her PhD from Emory University. She studies American politics; the politics of punishment and policing; judicial politics; state politics; and public policy. Mentioned: Anna Gunderson, Kirsten Widner, and Maggie Macdonald, “Pursuing Change or Pursuing Credit? Litigation and Credit Claiming on Social Media,” Journal of Law and Courts 2024. Rebecca Kreitzer and Candis Watts, “Reproducible and replicable: An empirical assessment of the social construction of politically relevant target groups.” Ann Schneider and Helen Ingram, “Social construction of target populations: Implications for politics and policy” and Policy Design for Democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr Laura Smith-Khan speaks with Dr Anthea Vogl about her new book, Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination (Cambridge UP, 2024). The conversation introduces listeners to the procedures involved in seeking asylum in the global north and how language is implicated throughout these processes. Discussing Dr Vogl’s new book and research, the podcast explores the difficult narrative demands these processes place on those seeking asylum, and the sociopolitical context underlying them. It reflects on the contributions scholars across disciplines have made and can make to law and policy reform, informing best practice, and advocating for more just systems. For additional resources, show notes, and transcripts, go here. Follow Laura Smith-Khan on Bluesky and 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 this episode, we interview Prof. Bernard Freamon on his new book Possessed by the Right Hand. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last two decades, the United States has supported a range of militias, rebels, and other armed groups in Afghanistan, Iraq, and Syria. Critics have argued that such partnerships have many perils, from enabling human rights abuses to seeding future threats. Policy makers, however, have sought to mitigate the risks of partnering with irregular armed groups. Militia group leaders in far-flung corners of these war-torn countries were subjected to background checks and instructed about international law and human rights, and their funding was cut when they crossed red lines. To what extent have such mechanisms curbed the dangers of proxy warfare, and what unforeseen consequences has this approach unleashed? Drawing on a decade of field research and hundreds of interviews with stakeholders, in Illusions of Control: Dilemmas in Managing U.S. Proxy Forces in Afghanistan, Iraq, and Syria (Columbia University Press, 2024), Dr. Erica L. Gaston unpacks the dilemmas of attempting to control proxy forces. She demonstrates that, although the tools U.S. policy makers used to constrain partners’ behavior increased in number and sophistication, they never fully addressed the range of political, security, and legal concerns surrounding these forces. Moreover, by shifting policy makers’ calculations, the use of proxy forces introduced additional moral hazards and may have enabled riskier decision making. Featuring substantial empirical detail and close analysis of key internal debates, Illusions of Control offers new perspectives on some of the most significant and controversial elements of recent U.S. security policy. In addition to nuanced insights about proxy relationships, this book provides a novel analytical toolkit for exploring transnational bargaining and foreign policy deliberations in hybrid political environments. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who controls what is taught in American universities – professors or politicians? The answer is far from clear but suddenly urgent. Unprecedented efforts are now underway to restrict what ideas can be promoted and discussed in university classrooms. Professors at public universities have long assumed that their freedom to teach is unassailable and that there were firm constitutional protections shielding them from political interventions. Those assumptions might always have been more hopeful than sound. A battle over the control of the university classroom is now brewing, and the courts will be called upon to establish clearer guidelines as to what – if any – limits legislatures might have in dictating what is taught in public universities. In You Can't Teach That!: The Battle over University Classrooms (Polity Press, 2024), Keith Whittington argues that the First Amendment imposes meaningful limits on how government officials can restrict the ideas discussed on university campuses. In clear and accessible prose, he illuminates the legal status of academic freedom in the United States and shows how existing constitutional doctrine can be deployed to protect unbridled free inquiry. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, we talk to Professor Jonathan Brown about his book, Slavery and Islam. 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 latest episode of Madison’s Notes, we sit down with Dr. Paul DeHart, professor of Political Science at Texas State University and author of The Social Contract in the Ruins: Natural Law and Government by Consent (University of Missouri Press, 2024). In this illuminating discussion, Dr. DeHart challenges the prevailing belief that social contract theory and classical natural law are fundamentally incompatible. His book offers a bold argument: political authority and obligation cannot be grounded solely in human agreement but must rest on a deeper, antecedent moral foundation—one that is uncreated and independent of human or divine will. Without this objective moral good, even the widely accepted principle of government by consent loses its coherence. Throughout the episode, Dr. DeHart explores key philosophical questions surrounding political legitimacy and the moral underpinnings of authority. We dive into why modern approaches to grounding political authority through consent alone are self-defeating and how classical natural law is essential to upholding the principles that guide just governance. Listeners will gain a deeper understanding of the intersection between political theory, philosophy, and morality, as well as the relevance of these ideas in today's political landscape. Whether you're a scholar of political philosophy or simply curious about the foundations of political authority, this episode is packed with rich insights and thoughtful discussion. Dr. Dehart’s other works: Uncovering the Constitution's Moral Design Reason, Revelation, and the Civic Order: Political Philosophy and the Claims of Faith Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Perceptions of the United States as a nation of immigrants are so commonplace that its history as a nation of emigrants is forgotten. However, once the United States came into existence, its citizens immediately asserted rights to emigrate for political allegiances elsewhere. Quitting the Nation: Emigrant Rights in North America (UNC Press, 2024) recovers this unfamiliar story by braiding the histories of citizenship and the North American borderlands to explain the evolution of emigrant rights between 1750 and 1870. Eric R. Schlereth traces the legal and political origins of emigrant rights in contests to decide who possessed them and who did not. At the same time, it follows the thousands of people that exercised emigration right citizenship by leaving the United States for settlements elsewhere in North America. Ultimately, Schlereth shows that national allegiance was often no more powerful than the freedom to cast it aside. The advent of emigrant rights had lasting implications, for it suggested that people are free to move throughout the world and to decide for themselves the nation they belong to. This claim remains urgent in the twenty-first century as limitations on personal mobility persist inside the United States and at its borders. This interview was conducted by Hannah Nolan, a PhD Candidate at the University of Maryland, College Park. Her work focuses upon the intersection of memory, partisanship, and ethnic identity during the early republic to explore the construction of Irish and American identities in the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Adoption has always been viewed as a beloved institution for building families, as well as a mutually agreeable common ground in the otherwise partisan abortion debate. Little attention, however, has been paid to the lives of mothers who relinquish their infants for private adoption. Through the lens of reproductive justice, Relinquished: The Politics of Adoption and the Privilege of American Motherhood reveals adoption to be a path of constrained choice for women who face immense barriers to access abortion, or to parent their children safely. With the overturning of Roe v. Wade, adoption increasingly functions as an institution that perpetuates reproductive injustice by separating families and policing parenthood under the guise of feel-good family building for middle-upper-class white people. Based on hundreds of in-depth interviews, Relinquished centers and amplifies the voices of relinquishing mothers, and fills an important gap in the national conversation about reproductive politics and justice. Shui-yin Sharon Yam is Associate Professor of Writing, Rhetoric, and Digital Studies, and Affiliate Faculty of Gender and Women's Studies at the University of Kentucky. She is the co-author of Doing Gender Justice: Queering Reproduction, Kin, and Care. 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 it like to be a human rights lawyer in Thailand? How does the new generation of 2020s political activists differ from those of previous eras? In this episode of Talking Thai Politics, we talk to Kunthika Nutcharut about her work with Thai Lawyers for Human Rights. Kunthika comes from a political family – her lawyer father Krisadang Nutcharut was a student activisit in the 1970s – and she studied and worked in Germany before deciding to return to Thailand to taken on the challenging work of defending outspoken figures in the post-2020 student-led protest movement. Duncan McCargo is President’s Chair in Global Affairs at Nanyang Technological University. Chayata Sripanich is a research associate with the Generation Thailand project. Talking Thai Politics brings crafted conversations about the politics of Thailand to a global audience. Created by the Generation Thailand project at Nanyang Technological University, the podcast is co-hosted by Duncan McCargo and Chayata Sripanich. Our production assistant is Li Xinruo. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1997, a group of white pro-life evangelical Christians in the United States created the nation’s first embryo adoption program to “save” the thousands of frozen human embryos remaining from assisted reproduction procedures, which they contend are unborn children. While a small part of US fertility services, embryo adoption has played an outsized role in conservative politics, from high-profile battles over public investment in human embryonic stem cell research to the overturning of Roe v. Wade. Based on six years of ethnographic research with embryo adoption staff and participants, Dr. Risa Cromer uncovers how embryo adoption advances ambitious political goals for expanding the influence of conservative Christian values and power. Conceiving Christian America: Embryo Adoption and Reproductive Politics (NYU Press, 2023) is the first book on embryo adoption tracing how this powerful social movement draws on white saviorist tropes in their aims to reconceive personhood, with drastic consequences for reproductive rights and justice. Documenting the practices, narratives, and beliefs that move embryos from freezers to uteruses, this book wields anthropological wariness as a tool for confronting the multiple tactics of the Christian Right. Timely and provocative, Conceiving Christian America presents a bold and nuanced examination of a family-making process focused on conceiving a Christian nation. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We recently marked the 50th Anniversary of Terry vs. Ohio, the US Supreme Court case that dramatically expanded the scope under which agents of the state could stop people and search them. Taking advantage of a North Carolina law that required the collection of demographic data on those detained by the police during routine traffic stops, Frank Baumgartner and his colleagues analyzed twenty million such stops from 2002-2016. They present the results of this research in Suspect Citizens: What 20 Million Traffic Stops Tell Us about Policing and Race (Cambridge University Press, 2018). Join us as we speak with Baumgartner about what they found—and what we can do to reduce the most discriminatory features of the practice. Stephen Pimpare is Senior Lecturer in the Politics and Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“It’s a free country.” Many of us recall saying that as children as we learned that we were American citizens who were endowed with certain rights—such as free speech. We would use those words when we wanted to assert our own rights when we were being bullied or chastised. We would use them to let others know that even if we did not agree with what they were saying or doing, they were within their rights to express certain opinions or to do certain things. How many American adults feel as confident now about expressing our views in public settings as we did when we were children or young adults? In his authoritative but general-reader-friendly new book, The Indispensable Right: Free Speech in an Age of Rage legal scholar and public intellectual Jonathan Turley argues that many Americans nowadays are “speech phobic” and employ terms such as “hate speech” to shut down legitimate discussion of such topics as immigration, government policies during the height of the Covid pandemic and transgenderism. He maintains that free expression is imperative for human flourishing and that stifling it can lead to a spiral of frustration boiling up to rage, which is then repressed by expressions of state rage such as the Palmer Raids and the excesses of McCarthyism. Turley walks us through the history of free speech in America and across today’s minefields of topics that can get even average people cancelled—and what forms “canceling” can take. In approachable, fairly short chapters Professor Turley reminds us of how quickly some of the heroes of the American Revolution and champions of liberty devolved into semi-tyrants. His treatment of John Adams and the Alien and Sedition Acts (the latter of which rendered it a crime to, “print, utter, or publish...any false, scandalous, and malicious writing” about the government) is particularly eye-opening and provides crucial background as the reader proceeds through the book. The concept of sedition is a major focus of the book and alerts us as citizens that it is not a matter confined to centuries ago, but a matter very much in the forefront of the American legal and political landscape in the wake what happened in Washington DC in January 2021. Indeed, what we should call what those events is another fascinating focus of the book. Turley argues forcefully and persuasively that January 6 was not an insurrection but a protest that became a riot. This was a brave stance to take given that, as he points out in the book, anyone who argued that January 6 was anything but an insurrection was in danger of being labeled a sympathizer or an apologist for the rioters. Turley’s book has become even more of a crucial read in the wake of the anti-Israel protests on college campuses in the spring of 2024. Ditto some shockingly anti-free-speech comments recently by supposedly mainstream Democrats such as John Kerry and Hillary Clinton. We will touch on the status of free speech as an issue in the 2024 presidential election and how free speech has been impacted by the Biden-Harris administration. The topic of censorship came up, for example, in the 2024 vice-presidential debate and we will get Professor Turley’s take on that. 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

What threatens American democracy and the rule of law? In her new book, Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians (NYU Press, 2024), legal scholar and campaign spending expert Ciara Torres-Spelliscy argues that the USA’s privately-funded campaign finance system – combined with corporate greed and antidemocratic strains in the modern Republican Party – endangers American democracy. As she sees it, unseen political actors and untraceable dark money influence our elections, while anti-democratic rhetoric threatens a tilt towards authoritarianism. Drawing on key Supreme Court cases such as Citizens United, Professor Torres-Spelliscy explores how corporations have undermined democratic norms, practices, and laws. From bankrolling regressive politicians to funding ghost candidates with dark money, the book exposes how corporations subvert the will of the American people – yet courts struggle to hold corporate interests and corrupt politicians accountable. If American democracy is going to survive in the long term, then the deep pockets of the largest corporations cannot be allowed to join focus with the anti-democratic fringe. Professor Torres-Spelliscy fears a repeat of the January 6th insurrection – but with expansive corporate sponsorship. Professor Torres Spelliscy outlines the ways in which Corporate forces might be held accountable by the courts, their shareholders, and citizens themselves. Along with other reforms, she proposes a democracy litmus test that requires loyalty to democracy in politics and the economy. The end of the podcast features her insights on how oil interests crypto “techno bros” have invested in the outcome of the November 2024 election. Ciara Torres-Spelliscy is a Professor of Law at Stetson Law. She is also a Brennan Center Fellow at NYU Law School who has testified before Congress as an expert on campaign finance and has helped draft Supreme Court briefs. Previously, she authored Corporate Citizen (Carolina 2016) and Political Brands (Elgar 2019). She has recently written about public financing and the Eric Adams indictments and crypto spending in the 2024 election. Mentioned in the podcast: Judd Legum's work on corporate PACs in his Substack, Popular Information Photo with Barack Obama for which Jho Low paid $20 million can be seen here Example of 2022 media attempts to identify “sedition caucus” and election deniers for voters Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), IOM Unbound?: Obligations and Accountability of the International Organization for Migration in an Era of Expansion (Cambridge UP, 2023) illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law professors Jon Michaels and David Noll use their expertise to expose how state-supported forms of vigilantism are being deployed by MAGA Republicans and Christian nationalists to roll back civil, political, and privacy rights and subvert American democracy. Beyond identifying the dangers of vigilantism, Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy (Atria/One Signal, 2024) functions as a call to arms with a playbook for a democratic response. Michaels and Noll look back in time to make sense of today's American politics. They demonstrate how Christian nationalists have previously used state-supported forms of vigilantism when their power and privilege have been challenged. The book examines the early republic, abolitionism, and Reconstruction. Since the failed coup by supporters of Former president Donald Trump on January 6, 2021, Michaels and Noll document how overlapping networks of right-wing lawyers, politicians, plutocrats, and preachers have resurrected state-supported vigilantism – using wide ranging methods including book bans, anti-abortion bounties, and attacks on government proceedings, especially elections. Michaels and Noll see the US at a critical inflection point in which state-sponsored vigilantism is openly supported by GOP candidates for president and vice-president, Project 2025, and wider networks, Michaels and Noll move beyond analysis to action: 19 model laws to pass. The supporters of democratic equality are numerous and dexterous enough to create a plan to fight radicalism and vigilantism and secure the broad promises of the civil rights revolution. Jon Michaels is a professor of law at UCLA Law, where he teaches and writes about constitutional law, public administration, and national security. He has written numerous articles in law reviews including Yale, University of Chicago, and Harvard and also public facing work in venues like the Washington Post, the New York Times, and Foreign Affairs. David Noll is a law professor at Rutgers Law School. He teaches and writes on courts, administrative law, and legal movements. He publishes scholarly work in law reviews such as California, Cornell, Michigan and NYU and translates for wider audiences in places like the New York Times, Politico, and Slate. Mentioned in the podcast: By Hands Now Known: Jim Crow’s Legal Executioners (Norton) by Margaret A. Burnham Let them Eat Tweets: How the Right Rules in an Age of Extreme Inequality (Liveright) by Jacob Hacker and Paul Pierson Hannah Nathanson at the Washington Post who was part of a team of journalists awarded the 2022 Pulitzer Prize for Public Service for coverage of the Jan. 6 insurrection at the U.S. Capitol Previous interviews with scholars addressing the breakdown of American democracy: Four Threats: The Recurring Crises of American Democracy (Suzanne Mettler and Robert C. Lieberman) Phantoms of a Beleaguered Republic (Stephen Skowronek, John A. Dearborn, and Desmond King); How Democracies Die (Steve Levitsky and Daniel Ziblatt); The Specter of Dictatorship: Judicial Enabling of Presidential Power (David M. Driesen and A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (Kevin J. McMahon) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India (Oxford UP, 2024) tells the story of one of contemporary India’s most contentious disputes: a long-running struggle over women’s access to the Hindu temple at Sabarimala. In 2018, the Indian Supreme Court ruled that the temple, which had traditionally been forbidden to women aged ten to fifty because their presence offended the presiding deity, was required to open its doors to all Hindus. The decision in Indian Younger Lawyers Association rocked the nation: protests were launched around India and throughout the diaspora, a record-setting human chain called the ‘Women’s Wall’ was coordinated, and dozens of petitions were filed asking the Supreme Court to review, and potentially reverse, its landmark opinion. Perhaps most significantly, IYLA led the Court to openly reconsider the Essential Practices Doctrine that has been a mainstay of Indian religious freedom jurisprudence since 1954. In this first monograph-length study of the dispute, legal anthropologist Deepa Das Acevedo draws on ethnographic fieldwork, legal analysis, and media archives to tell a multifaceted narrative about the ‘ban on women’. Reaching as far back as the eighteenth century, when the relationship between temple deities and the government was transformed by an ambitious precolonial ruler, and coming up to the litigation delays caused by the coronavirus pandemic, Das Acevedo reveals the complexities of the dispute and the constitutional framework that defines it. That framework, Das Acevedo argues, reflects two distinct conceptions of religion-state relations, both of which have emerged at various stages in the—still unresolved—battle for Sabarimala. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We commonly think of democracy as a social order governed by the people’s collective will. Given the size of the modern states, this picture is typically adjusted to say that democracy is a system of representative government, where elected officials are tasked with governing in ways that reflect the collective will of their constituents. Although it is familiar, this way of depicting democracy invites difficulties. The concept of a collective will is notoriously difficult to nail down. And, moreover, the idea that modern elections reveal or express such a will remains dubious. Accordingly, a good deal of democratic theory aims to fill in the missing details regarding the collective will and its representation. In The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford University Press 2024), Samuel Bagg takes a different tack by proposing a vision of democracy where the central aim is to protect public power from capture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi, an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under Xi Jinping’s authoritarian rule. Words Like Water: Queer Mobilization and Social Change in China (Temple UP, 2023) explores the nonconfrontational strategies the tongzhi movement uses in contemporary China. Caterina Fugazzola analyzes tongzhi organizers’ conceptualizations of, and approaches to, social change, explaining how they avoid the backlash that meets Western tactics, such as protests, confrontation, and language about individual freedoms. In contrast, the groups’ intentional use of community and family-oriented narratives, discourses, and understandings of sexual identity are more effective, especially in situations where direct political engagement is not possible. Providing on-the-ground stories that examine the social, cultural, and political constraints and opportunities, Words like Water emphasizes the value of discursive flexibility that allows activists to adapt to changing social and political conditions. Caterina Fugazzola is Assistant Senior Instructional Professor of Global Studies at the University of Chicago. Qing Shen is a PhD candidate in anthropology at Uppsala University, Sweden. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Join us as we discuss Dr. Reid Blackman’s new book: Ethical Machines: Your Concise Guide to Totally Unbiased, Transparent, and Respectful AI (Harvard Business Review Press, 2022). We dive into the intricacies of developing AI and the intersection of ethics and innovation. Reid Blackman, Ph.D., is the author of Ethical Machines, creator and host of the podcast “Ethical Machines,” and Founder and CEO of Virtue, a digital ethical risk consultancy. He is also an advisor to the Canadian government on their federal AI regulations, was a founding member of EY’s AI Advisory Board, and a Senior Advisor to the Deloitte AI Institute. His work, which includes advising and speaking to organizations including AWS, US Bank, the FBI, NASA, and the World Economic Forum, has been profiled by The Wall Street Journal, the BBC, and Forbes. His written work appears in The Harvard Business Review and The New York Times. Prior to founding Virtue, Reid was a professor of philosophy at Colgate University and UNC-Chapel Hill. Learn Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of guest does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the end of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked whether we have a republic or a monarchy. He replied “A Republic…if you can keep it.” In The Specter of Dictatorship: Judicial Enabling of Presidential Power (Stanford UP, 2021), David M. Driesen argues that Donald Trump's presidency challenged Americans to consider whether the Madisonian system of checks and balances could robustly respond to a president claiming extensive executive power and disregarding traditional processes such as the peaceful transition of power. Driesen notes that Benjamin Franklin and many men in the “founding” generation observed tyrannical government in Europe – and they explicitly included safeguards in the U.S. Constitution to prevent extensive executive power in the United States. In this tradition, Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey. He argues that an insufficiently constrained presidency is one of the most important systemic threats to constitutional democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Specifically, he sees the United States Supreme Court as enabling the expansion of executive power. Specter of Dictatorship highlights how the Supreme Court’s reliance on and expansion of the legal approach called unitary executive theory threatens the separation of powers in the U.S. Driesen recommends a less deferential approach in which the judiciary checks the executive. The Supreme Court has been acting a if policing presidential power is the threat to democracy – but the real danger for constitutional democracy lies in expansion of executive power. For Driesen, judges and justices should give substantial weight to concerns about democratic erosion. Because autocracy is spreading abroad and presidential power is expanding in the US, Benjamin Franklin’s concern about maintaining democracy is relevant in 2024. Professor Driesen is the thirteenth University Professor at Syracuse University where he teaches constitutional and environmental law. He is a graduate of the Yale Law School and has published several books and numerous articles with leading academic publishers and law reviews. From the podcast: David’s piece on major questions doctrine David’s editorial on the POTUS debate, Victor Orban, and Haitian Immigrants Correction from Susan – the two dissenters in Roe v. Wade were appointed by John F. Kennedy and Richard Nixon. The justices voting in favor of reproductive rights were 5 men appointed by Republican presidents (Dwight Eisenhower and Richard Nixon) and 2 men appointed by Democratic presidents (Franklin Roosevelt and Lyndon Johnson). 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 countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression. For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-totalimmunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way. In Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices (Springer, 2023), particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all. This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years. 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 city of New York from the 1930s to the 1990s, Irish attorney Paul O’Dwyer was a fierce and enduring presence in courtrooms, on picket lines, and in contests for elected office. He was forever the advocate of the downtrodden and marginalized, fighting not only for Irish Catholics in Northern Ireland but for workers, radicals, Jews, and African Americans and against the Vietnam War. With his shock of white hair and bushy eyebrows, O’Dwyer was widely recognized in politics and in the media. His work as a reform Democrat transformed the Democratic Party and his advocacy for peace and justice in Northern Ireland bore fruit in the Good Friday Agreement of 1998 that ended decades of conflict. Until now, however, there has been no biography of this happy warrior for social justice. Fortunately, that problem has been remedied with a new book by Robert Polner and Michael Tubridy, An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O’Dwyer (Cornell UP, 2024). Host Robert W. Snyder is Manhattan Borough Historian and professor emeritus of journalism, and American Studies at Rutgers University. His latest book, When the City Stopped: Stories from New York’s Essential Workers, is due out in March 2025 from Cornell University Press. Email: [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

Dr. Aideen O'Shaughnessy is a Senior Lecturer in Sociology at the University of Lincoln. She has a PhD in Sociology from the University of Cambridge, an MA in Gender Studies Research from Utrecht University and a BA in Sociology and French at Trinity College Dublin. Her research focuses on gender, health, and social movements and she is particularly interested in the study of reproductive health, rights, and justice. She has published widely in journals including Body and Society, the European Journal of Women's Studies, and the BMJ Sexual and Reproductive Health. Embodying Irish Abortion Reform: Bodies, Emotions, and Feminist Activism (Bristol UP, 2024) explores the lived, embodied and affective experiences of reproductive rights activists living under, and mobilizing against, Ireland’s constitutional abortion ban. Through qualitative research and in-depth interviews with activists, the author exposes the subtle influence of the 8th Amendment on Irish women and their (reproductive) bodies, whether or not they have ever attempted to access a clandestine abortion. It explains how the everyday embodied practices, bodily labours and affective experiences of women and gestating people were shaped by the 8th amendment and through the need to ‘prepare’ for crisis pregnancies. In addition, it reveals the integral role of women’s bodies and emotions in changing the political and social landscape in Ireland, through the historical transformation of the country’s abortion laws. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. Historically, the Supreme Court has always had some “democracy gap” – democratically elected presidents appoint justices that serve for life. As presidents select justices, they attempt to move the Supreme Court in their desired ideological direction while “simultaneously advancing their electoral interests and managing their governing coalition.” Despite these forces, Dr. McMahon argues that past Supreme Courts were still closer to democratic principles. Today’s court is exceptional because the “democracy gap” is severe. A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (U Chicago Press, 2024) draws on historical and contemporary data to reveal how the long arc of court battles (from FDR to Donald Trump) created this democracy gap. McMahon highlights changes to the politics of nominating and confirming justices, the changes in who is even considered to be in the pool to be a Supreme Court justice, and the increased salience of the Court in elections. Dr. Kevin J. McMahon (he/him) is the John R. Reitemeyer [RightMeyer]Professor of Political Science at Trinity College, and the author of two award-winning books, Reconsidering Roosevelt on Race and Nixon’s Court, both published by The University of Chicago Press. Together with A Supreme Court Unlike Any Other, the three books form a trilogy that interrogates whether 100 years of presidential efforts to shape the high court affect the supreme court’s democratic legitimacy. Dr. McMahon also writes public facing essays in outlets such as US News & World Report and The Conversation. For example, The Presidential Immunity Case & American Democracy, President Biden & the Courage it Takes to Call it Quits, Conservative Justices Polarized on the State of American Politics, and Calls for a Supreme Court Justice to Retire. Susan mentioned a stark New York Times graphic of how 6 senators (CA, NY, TX) represent the same number of voters as 62 senators. 2022 data (but less dramatically presented) is here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American jails admit over ten million people every year, but very little is known about what happens to them while they're locked away. Indefinite: Doing Time in Jail (Oxford UP, 2022) is an ethnographic study of a California county jail that reflects on what it means to do jail time and what it does to men. Michael L. Walker spent several extended spells in jail, having been arrested while trying to pay parking tickets in graduate school. This book is an intimate account of his experience and in it he shares the routines, rhythms, and subtle meanings that come with being incarcerated. Walker shows how punishment in jail is much more than the deprivation of liberties. It is, he argues, purposefully degrading. Jail creates a racial politics that organizes daily life, moves men from clock time to event time, normalizes trauma, and imbues residents with substantial measures of vulnerability. Deputies used self-centered management styles to address the problems associated with running a jail, some that magnified individual conflicts to potential group conflicts and others that created divisions between residents for the sake of control. And though not every deputy indulged, many gave themselves over to the pleasures of punishment. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mary McAuliffe is a historian and lecturer in Gender Studies at UCD. Her latest publications include (is The Diaries of Kathleen Lynn co-authored with Harriet Wheelock) and Margaret Skinnider; a biography (UCD Press,2020). Throughout the Decade of Centenaries 2012-2023 she has been conducting extensive research on the experiences of women during the War of Independence and Civil War and is currently completing her book based on that research, OUTRAGE: Gendered and Sexual Violence in the Irish War of Independence and Civil War, 1919-1923 (forthcoming 2025). Jennifer Redmond is Associate Professor in Twentieth Century Irish History in the Department of History at Maynooth University. She is the author of Moving Histories: Irish Women’s Emigration to Britain from Independence to Republic and the co-editor of Irish Women in the First World War Era. She also sits on the Editorial Board for the journal, Women's History Review and for the Documents in Irish Foreign Policy series, a joint initiative of the National Archives of Ireland and the Royal Irish Academy. In this interview, they discuss their new edited collection The Politics of Gender and Sexuality in Modern Ireland (Four Courts Press, 2024) as well as their own intellectual backgrounds and views on Irish history-writing. The Politics of Gender and Sexuality in Modern Ireland is an edited collection of focused, cohesive and persuasive essays, based on the newest research on gender, sexuality and sexual politics. It offers historical reflections and contemporary analyses of issues related to the contested and often hidden histories of sexual politics and gender identities in Ireland in the nineteenth and twentieth centuries. Including but going beyond the binary of male and female heterosexual experience, the book explores LGBTQI+ histories, the treatment of intersex persons, and the history of trans people and activism in Ireland. As an interdisciplinary work, this reader draws together scholars working in a range of fields on innovative, new research on this theme. The essays consider these histories as seen over two centuries and reflect on the societal shifts in modern Ireland as evidenced in two recent referenda and the responses to the scandals emerging from the state’s treatment of unmarried mothers. Aidan Beatty is a lecturer in history at Carnegie Mellon University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Join us for an in-depth exploration of Professor Cass Sunstein's latest work, Campus Free Speech (Harvard University Press, September 2024). Together, we'll examine the book’s intriguing take on free speech in academic spaces and the broader implications for constitutional interpretation. Professor Sunstein also delves into the exercise of administrative power, with timely discussions on COVID-era authority and the Supreme Court's decision in Chevron v. Natural Resources Defense Council. Gain unique insights from Sunstein on how the Constitution remains a guiding force for the American public in navigating modern challenges. Cass R. Sunstein is the Robert Walmsley University Professor at Harvard. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. In 2018, he received the Holberg Prize from the government of Norway, sometimes described as the equivalent of the Nobel Prize for law and the humanities. In 2020, the World Health Organization appointed him as Chair of its technical advisory group on Behavioural Insights and Sciences for Health. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs, and after that, he served on the President’s Review Board on Intelligence and Communications Technologies and on the Pentagon’s Defense Innovation Board. Mr. Sunstein has testified before congressional committees on many subjects, and he has advised officials at the United Nations, the European Commission, the World Bank, and many nations on issues of law and public policy. He serves as an adviser to the Behavioural Insights Team in the United Kingdom. Professor Sunstein is author of hundreds of articles and dozens of books, including Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013), The Ethics of Influence (2015), #Republic (2017), Impeachment: A Citizen’s Guide (2017), The Cost-Benefit Revolution (2018), On Freedom (2019), Conformity (2019), How Change Happens (2019), and Too Much Information (2020). He is now working on a variety of projects involving the regulatory state, “sludge” (defined to include paperwork and similar burdens), fake news, and freedom of speech. Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide. In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods from history, law, and political science to theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Understanding American constitutional law means looking at the relationship among dominant political coalitions, social movements, and the evolution of constitutional law as prescribed by judges. For Kreis, constitutional doctrine does not exist in a philosophical vacuum – it is a “distillation of partisan politics.” Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Kreis uses tools from law, history, and American political development to explain how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. For Kreis, constitutional law is “best understood through the diachronic lens of American Political Development (APD) and the concept of political time. Kreis concludes that the courts have never been—and cannot be—institutions lying outside the currents of national politics. Dr. Anthony Michael Kreis is assistant professor at Georgia State University College of Law where he teaches constitutional law and works at the intersection of law and American Political Development. He earned his undergraduate and law degrees at the University of North Carolina at Chapel Hill and Washington & Lee University, respectively, and his PhD from the School of Public and International Affairs at the University of Georgia. Mentioned: President Lyndon B. Johnson’s March 15, 1965 speech before Congress on voting rights Keith E. Whittington’s Political Foundations of Judicial Supremacy and other works Gerald Rosenberg’s The Hollow Hope: Can Courts Bring About Social Change? Correction: Justices Sotomayor and Kagan were nominated by President Obama and Justice Jackson was nominated by President Biden. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before U.S. District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release. He then explains the criteria the First Step Act has spelled out for his consideration. And, in a novel twist, he asks the reader, “What would you do?” In A Second Chance: A Federal Judge Decides Who Deserves It (The New Press, 2024), Judge Block puts us out of our suspense in a third section of the book where he tells us what he did do in each case and why, as he weighs each compassionate release request, evaluating issues ranging from “the trial tax,” to sentencing disparities, to judicial incompetence. Finally, Judge Block makes the case that the First Step Act should be extended to state court judges, since state prisons house about 90 percent of those incarcerated. In a book that could be the basis for a new season of Law & Order, Judge Block challenges our ideas about punishment and justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An interview with Dr. Alexandre Caeiro in which we discuss Islamic law and institutions in Qatar, secularisation and the Ottomans. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Completed shortly before Hamas carried out its barbaric October massacre, Cary Nelson's Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles (Academic Studies Press, 2024) takes up issues that have consequently gained new urgency in the academy worldwide. It is the first book to ask what impact antisemitism has had on the fundamental principles the academy relies on for its identity—academic freedom, free speech rights, standards for hiring or firing faculty members and administrators, and the ethics of academic conduct and debate. Antisemitic hatred is spreading at a fever pitch. What steps can counter it? What damage to students is done when departments embrace anti-Zionism? Should faculty members face consequences for promoting antisemitism on social media? Should universities make a new push to adopt the IHRA Definition of Antisemitism? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists. In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims. Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past. This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself. This book speaks directly to originalists with a challenge to make a fundamental choice between recognizing how our modern constitutional practices distort the original constitution and embrace them for the modern fiction that they are, or recover the original Constitution that the Founders actually knew. Author recommended reading: The Interbellum Consitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale UP, 2024) by Alison L. LaCroix Related resources: The Structure of Scientific Revolutions by Thomas S. Kuhn Edwin Meese speech to the American Bar Association in 1985 Constitutional Faith by Sanford Levinson New Books Network interview with Jonathan Gienapp, when Derek Litvak spoke with him in 2019 about The Second Creation: Fixing the American Constitution in the Founding Era (Harvard UP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Scholars often narrate the legal cases confirming LGBTQ+ rights as a huge success story. While it took 100 years to confirm the rights of Black Americans, it took far less time for courts to recognize marriage and adoption rights or workplace discrimination protections for queer people. The legal and political success of LGBTQ+ advocates often depended upon presenting sexual and gender identities as innate – or “immutable” to fit legal categories. Conservatives who oppose LGBTQ+ equality often argue that sexual and gender identity is something that can be taught. They use the offensive language of “grooming” and contagious “gender ideology” that corrupts susceptible children. In Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement (U Chicago Press, 2023), Dr. Joanna Wuest unpacks how a biologically based understanding of gender and sexuality– based on arguments from the “natural sciences and mental health professions” – became central to American LGBTQ+ advocacy. Her book is both a “celebratory and cautionary” story about the costs of relying on science to win impressive victories for queer rights. The book interrogates the “LGBTQ+ rights movement, the scientific study of human difference, and the biopolitical character of citizenship that formed at the nexus of the two.” As LGBTQ+ advocates brought “science to bear on civil rights struggles,” they transformed American politics and the epistemology of identity politics more broadly.” Dr. Joanna Wuest is an incoming Assistant Professor of Women's, Gender, and Sexuality Studies at Stony Brook University and a sociolegal scholar specializing in sexual and gender minority rights, health, and political economy. Her book, Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement, received an Honorable Mention for the Society for Social Studies of Science's 2024 Rachel Carson Prize and was featured on a recent episode of Radiolab. During the podcast, we mentioned: Joanna’s article with Dr. Briana S. Last, “Agents of scientific uncertainty: Conflicts over evidence and expertise in gender-affirming care bans for minors” in Social Science & Medicine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This is part #3 of a the (ir)Rational Alaskans, a Cited Podcast mini-series that re-examines the legacy of the Exxon Valdez oil spill. In the last episode of the (ir)Rational Alaskans, Riki Ott, Linden O’Toole, and thousands of other Alaskan fishers won over $5 billion in punitive damages against Exxon for the Exxon Valdez oil spill. In our finale, while Ott and O’Toole wait for their cheques, Exxon fights back with a legal and academic appeal. In that appeal, they marshal some of the most-respected scholars of our generation. The (ir)Rational Alaskans is a partnership with Canada’s National Observer. You can also read about this story in Jacobin. For a full list of credits, and for the rest of the episodes, visit the series page. Programming Note: This marks the end of our returning season, the Rationality Wars. We will back with another season shortly, sometime this fall. If you want to catch that season, make sure to stay subscribed to our podcast feed (Apple, Spotify, RSS). You can also stay updated by following us on X (@citedpodcast), and you can contact us directly at info [at] citedmedia.ca if you have any questions or any feedback. Finally, if you are impatient and just itching for more content, check out some of our other episodes, like: the other episodes in this season, if you joined up late; the episodes from last season, especially America's Chernobyl; or some of the highlights from our other podcast, Darts and Letters. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since the mid-nineteenth century, public officials, reformers, journalists, and other elites have referred to “the labour question.” The labour question was rooted in the system of wage labour that spread throughout much of Europe and its colonies and produced contending classes as industrialization unfolded. Answers to the Labour Question explores how the liberal state responded to workers’ demands that employers recognize trade unions as their legitimate representatives in their struggle for compensation and control over the workplace. In Answers to the Labour Question: Industrial Relations and the State in the Anglophone World, 1880–1945 (University of Toronto Press, 2024), Dr. Gary Mucciaroni examines five Anglophone nations – Australia, Canada, Great Britain, New Zealand, and the United States – whose differences are often overlooked in the literature on political economy, which lumps them together as liberal, “market-led” economies. Despite their many shared characteristics and common historical origins, these nations’ responses to the labour question diverged dramatically. Dr. Mucciaroni identifies the factors that explain why these nations developed such different industrial relations regimes and how the paths each nation took to the adoption of its regime reflected a different logic of institutional change. Drawing on newspaper accounts, parliamentary debates, and personal memoirs, among other sources, Answers to the Labour Question aims to understand the variety of state responses to industrial unrest and institutional change beyond the domain of industrial relations. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2003, in a ruling that bordered on poetic, Supreme Court Justice Anthony Kennedy wrote in Lawrence v. Texas that sexual behavior between consenting adults was protected under the constitutional right to privacy. This was a landmark case in the course of LGBTQ+ rights in the Untied States, laying the groundwork for cases like 2015's Obergefell v. Hodges. Yet, this case did not emerge out of nowhere. In Before Lawrence v. Texas: The Making of a Queer Social Movement (U Texas Press, 2023), University of North Texas history professor Wesley Phelps argues that behind each successful court case stands a litany of failures, challenges, and individual human stories, each of which laid the groundwork for these landmark successes. By tracking the long history of queer activism in Texas during the 1960s, 70s, and 80s, Phelps shows how the long road toward greater LGBTQ+ civil rights was paved with hard work by hundreds of activists, lawyers, and allies. No movement exists in a vacuum, and Before Lawrence v. Texas provides a roadmap showing how historical change really occurs. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world. Business and Human Rights (Oxford UP, 2024) shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology. Robert is a member of the United Nations Working Group on Business and Human Rights, and brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field. Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. His University of Leeds profile page can be found here. Twitter: @batesmith. LinkedIn His recent publications include: “Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4) “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) “International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387) 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 ideas of masculinity shape the British legal profession and the wider expectations of the white-collar professional? Brotherhood of Barristers: A Cultural History of the British Legal Profession, 1840–1940 (Cambridge University Press, 2024) by Dr. Ren Pepitone examines the cultural history of the Inns of Court – four legal societies whose rituals of symbolic brotherhood took place in their supposedly ancient halls. These societies invented traditions to create a sense of belonging among members – or, conversely, to marginalise those who did not fit the profession's ideals. Dr. Pepitone examines the legal profession's efforts to maintain an exclusive, masculine culture in the face of sweeping social changes across the nineteenth and twentieth centuries. Utilising established sources such as institutional records alongside diaries, guidebooks, and newspapers, this book looks afresh at the gendered operations of Victorian professional life. Brotherhood of Barristers incorporates a diverse array of historical actors, from the bar's most high-flying to struggling law students, disbarred barristers, political radicals, and women's rights campaigners. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The dramatic inside story of the most important case in the history of sovereign debt law Unlike individuals or corporations that become insolvent, nations do not have access to bankruptcy protection from their creditors. When a country defaults on its debt, the international financial system is ill equipped to manage the crisis. Decisions by key individuals—from national leaders to those at the International Monetary Fund, from holdout creditors to judges—determine the fate of an entire national economy. A prime example is Argentina’s 2001 default on $100 billion in bonds, which stands out for its messy outcomes and outsized impact on sovereign debt markets, sovereign debt law, and IMF policy. Default: The Landmark Court Battle over Argentina's $100 Billion Debt Restructuring (Georgetown UP, 2024) is the riveting story of Argentina’s sovereign debt drama, which reveals the obscure inner workings of sovereign debt restructuring. This detailed case study describes the intense fight over the role of the IMF in Argentina’s 2005 debt restructuring and the ensuing bitter decade of litigation with holdout creditors, demonstrating that outcomes for sovereign debt are determined by a complex interplay between financial markets, governments, the IMF, the press, and the courts. This cautionary tale lays bare the institutional, political, and legal pressures that come into play when a country cannot repay its debts. It offers a deeper understanding of how global financial capitalism functions for those who work in or study debt markets, international finance, international relations, and international law. Gregory Makoff, PhD, is a senior fellow at the Harvard Kennedy School and a senior fellow at the Centre for International Governance Innovation and an expert on sovereign debt management. A former banker specializing in debt advice, liability management, and derivatives, he has also advised the US Department of the Treasury. Caleb Zakarin is editor at the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Maria Dimova-Cookson's new book Rethinking Positive and Negative Liberty (Routledge, 2019) offers an analysis of the distinction between positive and negative freedom building on the work of Constant, Green and Berlin. The author proposes a new reading of this distinction for the twenty-first century. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts – the yin and yang of freedom. Positive freedom is achieved when one succeeds in doing what is right, while negative freedom is achieved when one is able to advance one’s wellbeing. In an environment of culture wars, resurging populism and challenge to progressive liberal values, theorizing freedom in negative and positive terms can help us better understand the political dilemmas we face and point the way forward. Maria Dimova-Cookson is Associate Professor in Politics at the School of Government and International Affairs, Durham University, UK. Yorgos Giannakopoulos (@giannako) is a currently a Junior Research Fellow in Durham University, UK. He is a historian of Modern Britain and Europe. His published research recovers the regional impact of British Intellectuals in Eastern Europe in the age of nationalism and internationalism. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over two million Americans are currently in prison or jail. Another 4.5 million are on probation or parole. And nearly one in two Americans have a family member who is or has been incarcerated. Writing for those new to activism as well as seasoned organizers, celebrated criminal justice activist Raj Jayadev introduces readers to the groundbreaking idea of participatory defense, a community organizing model for families and communities aimed at bettering the outcome of cases involving their loved ones and transforming the landscape of power in the courts. Participatory defense has led to acquittals, dismissed and reduced charges, prison terms changed to rehabilitation programs, and life sentences taken off the table. Drawing on years of organizing to offer a radical vision of community intervention, Protect Your People: How Ordinary Families Are Using Participatory Defense to Challenge Mass Incarceration (New Press, 2023) features stories from across the country, highlighting the most effective strategies of this groundbreaking approach, including how to get loved ones released from bail hearings, arraignments, and post-conviction; how to take on deportation cases; how to prevent youth from being transferred to adult court, and more. A radical new argument for the era of mass incarceration, Protect Your People shows that real change is possible when people step into America's courtrooms and get involved. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Litigating the Environment: Process and Procedure Before International Courts and Tribunals (Edward Elgar, 2023), Dr Justine Bendel scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, she lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, Dr Bendel works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. She provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. In this podcast, Dr Bendel discusses the complexity of multiple legal, regulatory and guidance frameworks insofar as international environmental law is concerned. She explains how it is highly likely that the subject matter of an environmental dispute will cover common areas or resources that affect global or multilateral interests, which inevitably adds a political dimension to any dispute resolution when it comes to areas that transcend national jurisdictions. Dr Bendel explores how typically bilateral proceedings under international law might be expanded to accommodate the interests of other states – and non-state actors such as international non-governmental organisations – through creatively and flexibly adapting procedures that already exist before international courts and tribunals, including dispute resolution and non-compliance procedures. Now is the time, she says, for international courts and tribunals to be used to resolve environmental disputes and to make authoritative legal determinations on protecting the planet and its precious resources. Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. He has a particular interest in, and practitioner experience of, international criminal law and transitional justice. Twitter: @batesmith Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, Over-Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix it (Policy Press, 2024) by Dr. Shaun Yates demonstrates how an English Magistrates' courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values. Given that these courts process more than 95% of all criminal cases, this ‘over-efficiency’ problem has the capacity to cause significant social harm. Dr. Yates’ work concludes by providing socio-legal and criminological readers with ways to fix this over-efficiency problem. This accessible work is of value to policy makers and post-graduate students alike. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law