New Books In Law

Does it matter if judges are nice to each other? The Elevator Effect: Contact and Collegiality in the American Judiciary (Oxford UP, 2023)argues that how judges interact with each other has an important effect at every stage of their judicial process. Previously, scholars have explained judicial behavior in terms of the law, the ideological attitudes of the judges, external and internal constraints, and the background characteristics of the judges, such as gender, race, or prior professional experiences. The Elevator Effect builds on previous research in political science, political psychology, and linguistics to present the first comprehensive examination of the importance of interpersonal relationships among the judges for judicial decision-making and legal development. Hazelton, Hinkle, and Nelson argue that collegiality affects nearly every aspect of judicial behavior. More frequent interpersonal contact among judges diminishes the role of ideology to the point where it is both “substantively and statisti

On today’s podcast, we are changing things up a bit. Instead of interviewing the author of a recent book, I am interviewing another podcaster about their recent narrative podcast season. So, today, I’m interviewing Joel Anderson, staff writer at Slate, co-host of Hang Up and Listen, and the host of Seasons 3, 6, and, most recently, 8 of Slow Burn. On this episode, I chop it up with Joel about Season 8 of Slow Burn, titled, Becoming Justice Thomas.  Adam McNeil is a Ph.D. Candidate in History at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Diversity in higher education is under attack as the Supreme Court limits the use of race-conscious admissions practices at American colleges and universities. In On the Basis of Race: How Higher Education Navigates Affirmative Action Policies (NYU Press, 2023), Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned.  Foley takes us behind the curtain of student admissions, shedding light on how multiple universities, including the University of Michigan, have creatively respond

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins (Cambridge UP, 2021), Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression. Jake Chanenson, CS Ph.D. at UChicago Learn more about your ad choices. Visit megaphone.fm/adchoices Support

Benjamin Y. Fong is author of the new book Quick Fixes: Drugs in America from Prohibition to the 21st Century Binge, which was just released in July, 2023 by Verso Books. Ben is an honors faculty fellow and associate director of the Center for Work & Democracy at Arizona State University, and his work has appeared in Jacobin, Catalyst, and the New York Times. Previously, Ben’s work focused on the (usually negative) effects of neoliberal capitalism, writing about NGOs, labor leaders, and health care. Quick Fixes expands this examination into the world of drugs, examining nine different kinds of intoxicants, and five “orienting claims” that place their use within in larger capitalist histories. A bit about the book... Americans are in the midst of a world-historic drug binge. Opiates, amphetamines, benzodiazepines, marijuana, antidepressants, antipsychotics--across the board, consumption has shot up in the 21st century. At the same time, the United States is home to the largest prison system in the world, justi

In 1686 in Geneva, a single mother named Jeanne Catherine Thomasset is charged with poisoning two young children: her own illegitimate daughter and the son of a rural wet nurse. So begins a harrowing criminal trial during which authorities interrogate Jeanne Catherine several times, sometimes with torture, to determine the truth. Sara Beam's The Trial of Jeanne Catherine: Infanticide in Early Modern Geneva (University of Toronto Press, 2021) is a suspenseful historical mystery that offers students the opportunity to learn about motherhood, child rearing, gender, religion, local politics, and the practice of criminal justice in early modern Europe. This edition provides the complete trial transcript as well as the deliberations of the Genevan authorities and relevant correspondence. Jana Byars is an independent scholar located in Amsterdam. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates (Cambridge UP, 2022) traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to “hard cases” and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic. Len Niehoff is a professor from practice at University of Michigan Thomas Sullivan President Emeritus a

Postscript invites scholars to react to contemporary political events and today’s podcast welcomes an expert on domestic violence and firearms law to analyze a controversial Second Amendment case that the United States Supreme Court will hear this Fall, United States v. Rahimi. Kelly Roskam, JD is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Prevention and Policy. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She has been writing about the practical implications of the Rahimi case since it came up through the 5th circuit (for example, “The Fifth Circuit’s Rahimi decision protects abusers’ access to guns. The Supreme Court must act to protect survivors of domestic violence” and “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” (co-authored with Spencer Cantrell and Natalie Nanasi). In the podcast, we discuss the specifics of this strange case (a man who assaulted a woman, shot in the

This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Sharon Thompson's Quiet Revolutionaries: The Married Women's Association and Family Law (Hart Publishing, 2022) sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can

The expansion of space travel is much discussed but always seems subject to delay. Why is that and when will it happen on a much larger scale? Douglas Ligor has been considering that issue for the Rand corporation – and he talks to Owen Bennett-Jones about the prospects for space travel. Ligor is co-author of Assessing the Readiness for Human Commercial Spaceflight Safety Regulations (Rand, 2023) and International Space Traffic Management: Charting a Course for Long-Term Sustainability (Rand, 2023). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why have issues of human rights become so contentious in Indonesia, 25 years after the much-heralded post-Suharto democratic transition? What kind of role has the Indonesian Foundation of Legal Aid Institutes, or LBH, performed in this field? Should those working on human rights try to work with governments and power-holders, or adopt an oppositional stance towards them? Timothy Mann is a postdoctoral researcher at the Nordic Institute of Asian Studies, and recently completed his PhD on Indonesian human rights issues at the University of Melbourne. In this podcast, Tim discusses his research on LBH and the dilemmas faced by those campaigning for greater human rights in a rapidly-changing Indonesia. Duncan McCargo is Director of the Nordic Institute of Asian Studies and a professor of political science at the University of Copenhagen. 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 Univers

As the last few months of landmark Supreme Court decisions have showcased, Clarence Thomas is one of the most important men in America. To wrap up our Summer of Law series, Judge Amul Thapar discusses his recent book, The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him (Regnery Publishing, 2023), digging into Justice Thomas's judicial legacy and some of his most interesting, influential, and surprising decisions. Amul Thapar is serves as a judge on the United States Court of Appeals for the Sixth Circuit. He became the first South Asian Article III judge in American history when President George W. Bush nominate him to serve on the Eastern District of Kentucky, where he then also served as the United States Attorney. In 2017, he became President Donald J. Trump’s first appellate court nominee. If you enjoyed this episode, you may also enjoy his most recent speech at the Madison Program. Annika Nordquist is the Communications Coordinator of Princeton University’s James Madiso

In Terror Trials: Life and Law in Delhi's Courts (Fordham UP, 2022), Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the peti

Online privacy is under constant attack by social media and big data technologies. But we cannot rely on individual actions to remedy this—it is a matter of social justice.  In The Private Is Political: Networked Privacy and Social Media (Yale UP, 2023), Alice E. Marwick offers a new way of understanding how privacy is jeopardized, particularly for marginalized and disadvantaged communities—including immigrants, the poor, people of color, LGBTQ+ populations, and victims of online harassment. Marwick shows that there are few resources or regulations for preventing personal information from spreading on the internet. Through a new theory of “networked privacy,” she reveals how current legal and technological frameworks are woefully inadequate in addressing issues of privacy—often by design. Drawing from interviews and focus groups encompassing a diverse group of Americans, Marwick shows that even heavy social media users care deeply about privacy and engage in extensive “privacy work” to protect it. But people

Advance Directives in Asia: A Socio-Legal Analysis (Cambridge UP, 2023) , edited by Daisy Cheung and Michael Dunn is the first book to consider the concept of advance directives in Asia. It is unique in its depth and breadth as it brings together an extensive number of Asian jurisdictions to draw out the ways that advance directives are regulated in law and practice across the region. In their analysis Cheung and Dunn provide overall observations towards a concept of "generative accomodation". As a concept, generative accomodation has the potential to foreground new explorations of bioethics in Asia and globally. It also seeks to understand the role of the family in medical decision making. These are key concerns that come through in this comprehensive and groundbreaking book. It will be useful for regulators, Asia scholars, students, and practitioners in the field of health-law and ethics, and end of life care. The book has wider application for scholars in law, ethics and healthcare.  Daisy Cheung is an Ass

What’s safer than baby powder? Parents have been trusting Johnson & Johnson for over 100 years to powder their baby’s bottoms. Yet, numerous studies have revealed the presence of trace amounts of asbestos in this talc-based powder. Thousands of parents now claim that this asbestos is responsible for their cancers. A Reuters investigation catalogued this evidence and the fact that J&J knew about the asbestos since the 1950s, yet continued to sell the powder.  Johnson & Johnson is proposing a $9 billion dollar settlement for the over 38,000 lawsuits brought and all claims into the future. However, it depends on the courts accepting a controversial bankruptcy procedure called “the Texas Two-Step.” This strategy is being used to address a raft of personal injury complaints against a number of companies, but critics call it nothing more than a ‘sham bankruptcy’ that is being used to let corporations off the hook. SUPPORT THE SHOW You can support the show for free by following or subscribing on Spotify, Apple Podca

The Supreme Court recently wrapped up their term – and announced that they will hear a very controversial case about domestic abuse, the power of Congress, and the right to keep and bear arms called United States v. Rahimi. The Court will decide whether a Texas man who assaulted his girlfriend in a parking lot and threatened to shoot her if she told anyone has been deprived of his Second Amendment rights. When the assaulted woman later obtained a restraining order against Mr. Zackey Rahimi, federal law made illegal for him to possess a firearm or ammunition while under that order. In 2019, Mr. Zackey Rahimi had an argument with his girlfriend in a parking lot. Mr. Rahimi knocked the woman to the ground. As he dragged her back to his car, she hit her head on the car’s dashboard. Later, in a telephone call. Mr. Rahimi threatened the woman that he would shoot her if she told anyone about the assault. Later, a Texas state court entered a domestic violence restraining order against Rahimi. The order also barred Ra

What is natural law, and what does it have to do with originalism? Why does the Right defend religion yet so often struggle to define it? Next up in our "Summer of Law" series, Hadley Arkes, the Edward Ney Professor Emeritus of Jurisprudence Emeritus at Amherst College and the Founder and Director of the James Wilson Institute sits down to chat about his recent book, Mere Natural Law: Originalism and the Anchoring Truths of the Constitution (Regnery Publishing, 2023). More on Prof. Arkes is available here. About the The James Wilson Institute, here. The Stanford Review's "religion," referenced during the podcast is here. Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. She graduated from Stanford University in 2021, where she studied Classics and Linguistics. She was also Editor-in-Chief of the Stanford Review and a member of the varsity fencing team. Previously, she w

Glenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him. Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death. In The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts (The New Press, 2023), legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation

From the colonial through the antebellum era, enslaved women in the US used lethal force as the ultimate form of resistance. By amplifying their voices and experiences, Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance (Cambridge UP, 2023) strongly challenges assumptions that enslaved women only participated in covert, non-violent forms of resistance, when in fact they consistently seized justice for themselves and organized toward revolt.  Nikki M. Taylor expertly reveals how women killed for deeply personal instances of injustice committed by their owners. The stories presented, which span centuries and legal contexts, demonstrate that these acts of lethal force were carefully pre-meditated. Enslaved women planned how and when their enslavers would die, what weapons and accomplices were necessary, and how to evade capture in the aftermath. Original and compelling, Brooding Over Bloody Revenge presents a window into the lives and philosophies of enslaved women who had their own ideas about jus