New Books In Law

The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance.  Democracy requires two critical features: first, a commitment to repeat play such that political actors understand that what goes around comes around; and, second, institutional constraints so that the majority can prevail, albeit not by too much. Democracies must avoid the doomsday scenario in which the contending parties see the next election as the final choice between salvation and perdition. Issacharoff shows how populist governance undermines each of these two critical underpinnings of stable democracy, first by compressing the time horizon

How should we understand contemporary migration policy? In Radical Hospitality: American Policy, Media, and Immigration (Rutgers UP, 2022), Nour Halabi, an Interdisciplinary Fellow at the University of Aberdeen, explores this question by blending history, media studies, and a range of critical theory to introduce the idea of radical hospitality. Using detailed historical and contemporary case studies- from the 1880s and the Chinese Exclusion Act, through the 1920s and the National Origins Act, up to the 2000s and the Muslim travel ban- the book offers both a rethink of the history of immigration as well as a radical call for a new approach. Rich in detail and broad in scope, the book is essential reading for anyone wishing to see a better world for migrants everywhere. 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 thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it. Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible. J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022). Clayton Jarrard is a Research

The doctrine of the modern law of the sea is commonly believed to have developed in Renaissance Europe. The role of Islamic law of the sea and customary practices is often ignored though. In Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought (Cambridge UP, 2019), Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not necessarily European creations. Beginning with the commonality of the sea in the Qur'an and legal methods employed to ensure the safety, security, and freedom of movement of Muslims and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic l

Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK. Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools they use to achieve social change, as well as ethical tensions presented by their work. The book takes a reflexive ethnographic approach to capture the stories of 35 lawyers working to positively transform law and policy in the UK over the last 50 years. It also draws on a wealth of primary sources including case reports, historic campaign materials and media analysis alongside wider ethnographic interviews with academics, students and lawyers and participant observation at social justice conferences, workshops and ev

Each June in the United States, scholars, journalists, law makers, law enforcers, lawyers, and members of the public wait for the announcement of major decisions from the Supreme Court. Justices often read a summary of their decision from the bench dressed in their robes. Paper copies are available in a special office – and more recently on the Supreme Court website. This year, the Supreme Court opinions have shaped policy on affirmative action, public accommodation for LGBTQ+ people, voting rights, student loans, and the power of states to control election procedure. Before these cases are decided, the parties, outside individuals, and interest groups invest an estimated $25 to $50 million dollars a year to produce roughly one thousand amicus briefs. These briefs strategically provide information to the justices to convince them to vote in a particular way. How are these briefs produced? Who pays for their research and writing? What impact do they have on the ultimate decisions of the Supreme Court? In Persu

Over the past several decades, the vibrant, multiethnic borough of Queens has seen growth in the community of Nepali migrants, many of whom are navigating the challenging bureaucratic process of asylum legalization. Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York (U Washington Press, 2023) follows them through the institutional spaces of asylum offices, law firms, and human rights agencies to document the labor of seeking asylum.  As an interpreter and a volunteer at a grassroots community center, anthropologist Tina Shrestha has witnessed how migrants must perform a particular kind of suffering that is legible to immigration judges and asylum officers. She demonstrates the lived contradictions asylum seekers face while producing their "suffering testimonials" and traces their attempts to overcome these contradictions through the Nepali notions of kaagaz banaune (making paper) and dukkha (suffering). Surviving the Sanctuary City asks what everyday survival among migrants and asylum seeker

Our Recall this Buck series, back in 2020 and 2021, explored the history of money, ranging from the earliest forms of labor IOUs to the modern world of bitcoin and electronically distributed value. We began by focusing on the rise of capitalism, the Bank of England, and how an explosion of liquidity changed everything. We were lucky to do so, just before the Pandemic struck, with Christine Desan of Harvard Law School, who recently published Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2014). She is also managing editor of JustMoney.org, a website that explores money as a critical site of governance. Desan’s research explores money as a legal and political project. Her approach opens economic orthodoxy to question by widening the focus on money as an instrument, to examine the institutions and agreements through which resources are mobilized and tracked, by means of money. In doing so, she shows that particular forms of money, and the markets within which they circulate,

Who is believed in our mediated world? In Believability: Sexual Violence, Media and the Politics of Doubt (Polity Press, 2023),  Sarah Banet-Weiser, Distinguished Professor at the University of Pennsylvania’s Annenberg School for Communication and Professor of Communication at the University of Southern California’s Annenberg School for Communication and Journalism, and Kathryn Claire Higgins, Postdoctoral Fellow at the University of Pennsylvania’s Annenberg Center for Collaborative Communication, examine this question by introducing the conception of an economy of believability governing who is, and who is not, believed or doubted. Written in the wake of #MeToo, the book engages directly with key contexts such as post-truth and the commodification of sexual violence. Thinking through questions of race and class, the analysis ranges widely, covering representations of sexual violence in fiction and non-fiction media, contemporary controversies and court cases, and the backlash from men in positions of power.

Fifty Years of Polyamory in America: A Guided Tour of a Growing Movement (Rowman & Littlefield, 2022) is unique among the many books about polyamory because the scope of this book is the entire history of the polyamory movement. Instead of concentrating on the experiences of a few people exploring alternate lifestyles, it is an exploration of two generations of Americans, the people and the organizations they founded, what they have chosen to do, and how it has changed their lives and affected the culture as a whole. Written in an entertaining and easily accessible style, the authors cover the history of alternative sexual relationship styles starting with a quick peek at colonial times, the Mormon and Oneida movements of the 1840s-70s, and modern day influences starting in the 1950s. Polyamory, literally “many loves,” challenges the relationship norm: monogamy. As its name suggests, polyamory typically refers to emotional/sexual relationships that include multiple partners. Common applications of polyamory i

It has been a momentous few weeks for the Supreme Court. What better time to discuss the Court's history and future? We are therefore launching our "Summer of Law" series to shed light on the legal world . Kicking the series off is John Yoo, the Heller Professor of Law at the University of California at Berkeley. He is also a Nonresident Senior Fellow at the American Enterprise Institute, and a Visiting Fellow at the Hoover Institution, Stanford University. He has written 8 books and over 100 academic articles, and is a regular contributor at a wide variety of publications including the New York Times, Wall Street Journal, Washington Post, and National Review. This episode discusses his latest book, The Politically Incorrect Guide to the Supreme Court (Regnery Publishing, 2023). Along the way, it unpacks legal thought on issues such as affirmative action, abortion, court-packing, the administrative state, and the unique position of the Supreme Court as an unelected institution. We have not forgotten, however,

Amidst all the talk of a green revolution what about the blue stuff? There are the seas that will wash over inhabited land, there’s the sea economy with fisherman and cargo crews facing hard times and, amidst all the debate about animal rights, where do sea creatures fit in? Professor Chris Armstrong author of A Blue New Deal: Why We Need a New Politics for the Ocean (Yale UP, 2022) with Owen Bennett Jones. 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

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford University Press, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law.  As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout al

Danielle Allen, the James Bryant Conant University Professor and the Director of the Edmond and Lily Safra Center for Ethics at Harvard University, has a new book, Justice by Means of Democracy, that explores the foundational understanding of how humans best flourish, in particular in regard to the governmental system under which they live. Allen, author of many books that focus on questions of democracy and justice, also works on democratic reform and renovation at Partners in Democracy. Thus, Dr. Allen integrates both scholarship and democratic activism into her work as an academic and as an activist. Justice by Means of Democracy examines these different threads as well; what is justice, and how does democracy work towards achieving justice? And what is the role of the citizen in these pursuits? Allen opens up her discussion weaving together a number of threads, since politics, economics, civic engagement, and citizenship are all part of the whole when we consider both justice and democracy. Growing out of

The human right to science, outlined in the 1948 Universal Declaration of Human Rights and repeated in the 1966 International Covenant on Economic, Social, and Cultural Rights, recognizes everyone's right to "share in scientific advancement and its benefits" and to "enjoy the benefits of scientific progress and its applications." This right also requires state parties to develop and disseminate science, to respect the freedom of scientific research, and to recognize the benefits of international contacts and co-operation in the scientific field. The right to science has never been more important. Even before the COVID-19 health crisis, it was evident that people around the world increasingly rely on science and technology in almost every sphere of their lives from the development of medicines and the treatment of diseases, to transport, agriculture, and the facilitation of global communication. At the same time, however, the value of science has been under attack, with some raising alarm at the emergence of "

Dr Lynsey Black is a lecturer in criminology, in the School of Law and Criminology, Maynooth University. She researches in the areas of gender and punishment, the death penalty, historical and postcolonial criminology, and borders. In this interview she discusses her new book, Gender and Punishment in Ireland: Women, Murder and the Death Penalty, 1922-64 (Manchester UP, 2022). Gender and Punishment in Ireland explores women's lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as ‘double deviance’, chivalry, paternalism and ‘coercive confinement’, the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisci

Many people are familiar with the United States Supreme Court’s merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices’ decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively.  But Professor Stephen Vladeck’s new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court’s decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket’ was c

“Only recently have scholars outside the historical profession identified progressivism for what it was and continues to be: a fundamental rupture with the roots of American order.” So writes the political scientist and theorist Bradley C. S. Watson in his 2020 book Progressivism: The Strange History of a Radical Idea (U Notre Dame Press).  Watson provides an intellectual history of how historians such as Richard Hofstadter tended to underplay what a radical break the Progressive Movement was from American constitutionalism. The book shows that only in recent decades have political theorists entered the fray and rendered clear how dire the ramifications for American society and culture the views on the Constitution of such figures as Theodore Roosevelt and Woodrow Wilson were and what a massive break they were from the legacy of the founders and such advocates of natural rights as Abraham Lincoln. Anyone interested in how American political history was written in the period of roughly 1940-1980 should read th

Postscript invites authors to react to contemporary political events that engage their scholarship. Since the Supreme Court is wrapping up their term, three political scientists and one law professor joined Susan to talk about the power of the Federalist Society in shaping the courts (and how lawyers might strategically use political science research to get more progressive outcomes), how race, ethnicity, and gender issues have affected the construction of the U.S. Supreme Court over time, and a very lively discussion of this term’s Supreme Court decisions – and also actions outside the Court like Chief Justice Roberts refusing to appear before Congress. Dr. Christine C. Bird, JD, PhD is an Assistant Professor of Political Science at Oklahoma State University and the Director of the Bird Law and Public Policy Lab (LAPP). Her research examines elite interests' influence on public policymaking in the judicial system.  Dr. Zachary McGee, PhD is an Assistant Professor of Political Science at Kenyon College fo

Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. Criminal Law and the Man Problem (Bloomsbury, 2020) by Dr. Ngaire Naffine brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. Dr. Naffine’s analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. She explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from oth