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    Science

    New Books in Law

    This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field.

    Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com

    Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/

    Follow us on Instagram and Bluesky to learn about more our latest interviews: @newbooksnetwork

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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    Latest Episodes:
    Steven P. Brown, "Alabama Justice: The Cases and Faces That Changed a Nation" (U Alabama Press, 2020) Nov 23, 2021
    Show notes

    Steven P. Brown, professor of political science at Auburn University, has written a history of notable U.S. Supreme Cases and justices that hailed from Alabama. In Alabama Justice: The Cases and Faces That Changed a Nation (U Alabama Press, 2020), Brown reviews eight landmark cases which originated in Alabama and were eventually reviewed by the U.S. Supreme Court. Although most of these cases were reflective of the civil rights issues endemic to Alabama and other states in the American South of the mid-twentieth century, not all are race related. For example, a notable gender equity case, Frontiero v. Richardson, which was concerned with benefits discrimination based on gender, was an important decision in the history of women’s rights. Brown also reviews the lives and times of three Supreme Court justices, John McKinley, John Archibald Campbell, and Hugo Black.

    Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Radha Kumar, "Police Matters: The Everyday State and Caste Politics in South India, 1900–1975" (Cornell UP, 2021) Nov 23, 2021
    Show notes

    Police Matters: The Everyday State and Caste Politics in South India, 1900–1975(Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows.

    Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing.

    Radha Kumar is Assistant Professor of History at the Maxwell School in Syracuse University. Dr. Kumar holds a PhD in History from Princeton University, where she specialized in Modern South Asian Studies. She has conducted archival research in a range of cities including Madurai, Tirunelveli, Bangalore, Chennai, Delhi, and London, and was supported by the History Department at Princeton University and by the Princeton Institute for International and Regional Studies.

    Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Vlad Solomon, "State Surveillance, Political Policing and Counter-Terrorism in Britain, 1880-1914" (Boydell Press, 2021) Nov 22, 2021
    Show notes

    In 1850 Charles Dickens wrote that Great Britain had “no political police,” adding that “the most rabid demagogue” could speak out “without the terror of an organised spy system.” In his book State Surveillance, Political Policing, and Counter-Terrorism in Britain: 1880-1914 (Boydell Press, 2021), Vlad Solomon describes how Britain gradually developed a system of “high policing” during the late Victorian and Edwardian eras that contradicted Britons’ popular belief in their tolerant society. As Solomon demonstrates, contrary to Dickens’s blithe assurance, Britain had irregularly employed political policing prior to the 1880s. The threat posed by Fenian terrorism, however, compelled the British home secretary, William Harcourt, to create a specialized section of the London Metropolitan Police in response. This evolved into Special Branch, which subsequently found its remit expanded to include monitoring political radicals, aliens, and even militant suffragists. Yet despite their increased range of duties, the number of detectives assigned to such tasks remained limited until espionage concerns and the prospect of war prompted the government to overhaul political policing with the creation of a new agency – the future MI5 – in order to provide more effective monitoring of the political threats facing the country.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Michelle R. Nario-Redmond, "Ableism: The Causes and Consequences of Disability Prejudice" (John Wiley and Sons, 2019) Nov 22, 2021
    Show notes

    Of the dozens of juicy questions for future inquiry that Dr. Michelle Nario-Redmond provides at the end of Ableism: The Causes and Consequences of Disability Prejudice(Published by Wiley in 2021), the following stands out the most to me, in my various group-membership roles:

    How do we build common ground between disadvantaged groups for effective cross-impairment coalitions?

    Though it seemed impossible for this question to feel any more urgent after over a year and a half of COVID-19 and the parallel prominence of social movements to make Black Lives Matter, a recent article by my latest author crush unpacking a profoundly intersectional moment in the meme culture of what we should be calling (thanks to Neal Stephenson’s 30-year old book) Metaverse 1.0 – AKA social media, especially those platforms now owned by the maybe-monopoly formerly known as Facebook – reminded me again of the immense possibilities of disability as a political identity (see Annamma & Morrison, 2018, particularly the footnotes for more background on this). Nicole Froio’s article-that-should-become-a-book extrapolates from a celebrity’s (whack!) Instagram post as an exemplification of what the writer dubs the masculine “performativity of doing the least,” in which the “‘model’ heterosexual family consists of an all-sacrificing mother, a paternalistic father, and children free from disability.”

    The timing of Froio’s deft analysis and the 34,000 likes it has garnered–compared to the upwards of 2 million bestowed upon the post in question—remind me of beloved if nuclear boomer Bill Maher’s synchronous editorial segment comparing “model citizen” Greta Thunburg (who is autistic), with 13 million followers, to the “model” (capitalist straight femme normate) Kylie Jenner, with 279 million.

    Christina Anderson Bosch is an assistant professor of special education at the California State University, Fresno, also on Twitter @DocCABosch.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Postscript: The Supreme Court, Concealed Carry, and How Your Laws Might Change Nov 22, 2021
    Show notes

    An earlier Postscript explained what was at stake for concealed carry laws in a case before the U.S. Supreme Court – and guessed at what the oral arguments might reveal. Now that arguments have been heard in New York State Rifle & Pistol Association v. Bruen, three legal scholars join the podcast to analyze the oral argument. Even if you are not a SCOTUS junky -- this conversation is important because 80 million (or 25% of) Americans may have their democratically crafted gun laws overturned by the decision of 9 justices.

    Jacob D. Charles is the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. His extensive public-facing scholarship includes a new piece in the Washington Post’s Monkey Cage, “Supreme Court justices sounded suspicious of New York’s gun law. Here’s what might come next.”

    Eric Ruben is an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow. Working at the intersection of criminal law, legal ethics, and the Second Amendment, his scholarship has been published in law reviews such as California, Duke and Georgetown as well as public facing outlets like The Atlantic, New York Times, Vox, Jurist, The Conversation, and Scotusblog. He organized -- and contributed scholarship to the 2021 Brennan Center Report, Protests, Insurrection, and the Second Amendment.

    Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). Among his numerous law review articles is “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) in which he and Reva Siegel interrogate the impact of gun rights on free speech. Recently, he has been a guest on the podcast Strict Scrutiny, contributed to the New York Times and NPR reporting of the case.

    Joseph and Eric’s recent op ed, “No, courts don’t treat the Second Amendment as a ‘second-class right’: The latest gun-rights case may hinge on some conservatives’ sense of victimhood” just appeared in the Washington Post.

    Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Sana Haroon, "Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship" (I. B. Tauris, 2021) Nov 19, 2021
    Show notes

    In her multilayered and thoroughly researched new book The Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship (I. B. Tauris, 2021), Sana Haroon examines the interaction and intersection of varied legal regimes, devotional practices, and conceptions of sacred space invested in the institution and structure of the mosque in South Asia. This book combinies dense yet markedly accessible archival research with the close reading of a range of texts and legal/political strivings of a range of previously unexplored actors, including prayer leaders, scholars, mosque managers, lawyers, colonial magistrates, and local notables. Through this exercise, Haroon documents in vivid detail the aspirations and ambiguities that drove a variety of claims over the meaning and place of the mosque in South Asian Islam and Muslim identity during the colonial moment fraught with vigorous intra-Muslim and interreligious contestations over this question. Lucidly composed and theoretically invasive, this book is sure to spark important conversations among scholars from a range of academic fields and disciplines.

    SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize and was selected as a finalist for the 2021 American Academy of Religion Book Award. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Dennis C. Rasmussen, "Fears of a Setting Sun: The Disillusionment of America's Founders" (Princeton UP, 2021) Nov 18, 2021
    Show notes

    When Americans conjure the image of the signing of the Constitution of the United States, they often think about the various paintings that depict the Founders looking to George Washington on the dais at the convention. It is this snapshot of history that embodies Americans’ perceptions of the Founders and their conviction in the creation of the great nation. What Americans fail to understand about America’s Founding is the overwhelming anxieties that many of the Founders experienced, especially as they lived in the new republic that they had created. Not only did they find themselves anxious about the future of the new country, but many were also explicitly pessimistic about the future that they noted in so much of their later writings and letters. Dennis C. Rasmussen, in his new book Fears of a Setting Sun: The Disillusionment of American Founders, addresses this gap in research on the American Founding, and on the Founders themselves. Washington, Hamilton, Adams, Jefferson, and Madison all wondered whether the system they had worked to establish, build, and defend would live beyond their own generation.

    In Fears of a Setting Sun: The Disillusionment of America's Founders(Princeton UP, 2021), Rasmussen explores the enduring arguments made by George Washington, Thomas Jefferson, Alexander Hamilton, and John Adams that convinced them of America’s inevitable demise. Modern Americans conceptualize the founding of the United States as an isolated moment in time, and rarely consider the reality of how the Founders spent the remainder of their lives putting the Constitution to work. Rasmussen places the founders’ fears in context of the ongoing chaos of the late 1700’s where other countries were facing revolution, treason, and anarchy. Fear of a Setting Sun’s purpose is not to disregard the founders’ optimism in the system they created, and in fact the book heralds James Madison’s lifelong optimism and belief that the American experiment would prevail—though he is at odds with the other major Founders in this regard. Fear of a Setting Sun explores the Founders’ disillusionment in order to provide a fuller meaning of American constitutionalism and the value that is formed in its implementation. Rasmussen provides a perspective that changes what scholars and the general public believe and know about the founding of the republic, the historical stakes at the time of the founding, and how the Founders generally grew more pessimistic over time about the potential for the new republic to achieve its great potential.

    This book will be of interest to political scientists, historians, students and scholars of the founding period and the ideas and personalities that dominated the early days of the American republic.

    Shaina Boldt assisted with this podcast.

    Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Adam Bonica and Maya Sen, "The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary" (Cambridge UP, 2020) Nov 17, 2021
    Show notes

    Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary (Cambridge UP, 2020) tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent.

    Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. His research has been published in journals such as the American Journal of Political Science, Political Analysis, Journal of Economic Perspectives, Journal of Law, Economics, and Organization, and JAMA Internal Medicine.

    Maya Sen is Professor of Public Policy at Harvard University's John F. Kennedy School of Government. Her research has been published in journals such as the American Political Science Review, the American Journal of Political Science, and the Journal of Politics, and has been covered by the New York Times, the Washington Post, The Economist, National Public Radio, and other outlets.

    Ursula Hackett is Senior Lecturer in Politics at Royal Holloway, University of London. Her Cambridge University Press book America's Voucher Politics: How Elites Learned to Hide the State won the 2021 Education Politics and Policy Best Book Award from the American Political Science Association. Her writing guide Brilliant Essays is published by Macmillan Study Skills. She tweets @UrsulaBHackett.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Matthew Stewart, “The Epicurean Republic” (Open Agenda, 2021) Nov 15, 2021
    Show notes

    The Epicurean Republic is based on an in-depth filmed conversation between Howard Burton and award-winning author and independent scholar Matthew Stewart. In his later years, Thomas Jefferson referred to “the revolutionary part of the [American] Revolution”, which for him meant the founding ideals that would serve as a model for the world on how to build a modern state, as opposed to an incidental squabble between one country and its former colonists. This wide-ranging conversation explores how many of these ideals that Jefferson referred to are part of an intellectual thread that passes through key Enlightenment thinkers such as Spinoza and can be traced all the way back to Epicurus.

    Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    The Politics of Public Prosecution in Malaysia and the Problem of Corruption Nov 12, 2021
    Show notes

    On 16 August 2021, Muhyiddin Yaseen resigned as Prime Minister of Malaysia, with Ismail Sabri Yaakub sworn in as the new Prime Minister a week later, making him Malaysia’s third Prime Minister in two years. This marked the return to power of UMNO, or the United Malays National Organisation, and the graft-tainted coalition that had been ousted from power in 2018. Meanwhile, another former Prime Minister, Najib Razak, is eyeing a return to Parliament, notwithstanding a conviction and 12-year prison sentence for abuse of power and ongoing trials for corruption. His wife Rosmah Mansur is also now facing three corruption charges.

    Associate Professor Salim Farrar joins Dr Natali Pearson on SSEAC Stories to talk about corruption and the politics of public prosecution in Malaysia, surveying the landscape of law and justice in Malaysia now and beyond, through a re-evaluation of Vision 2020.

    About Salim Farrar:

    Salim Farrar is Director of Islamic Law, an Associate Director of the Centre for Asian and Pacific Law at the University of Sydney and an Associate Professor in the Sydney Law School. He researches in Comparative and Islamic Laws, with focuses on law and development in predominantly Muslim states, the legal accommodation of Muslim minorities and the Malaysian legal system (especially in criminal justice). His most recent published research explores law and justice in Malaysia post the 2018 GE14. He is the joint editor (with Paul Subramaniam) of ‘Law and Justice in Malaysia: 2020 and Beyond’ (2021, Thomson Reuters), editor of ‘Law and Development in the Islamic World’ Law and Development Review (Special Edition), Vol 13 (2) (2020) and joint author (with Ghena Krayem) of ‘Accommodating Muslims under Common Law’ (2017, 2018, Routledge).

    For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


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