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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:
    Leo Casey, "The Teacher Insurgency: A Strategic and Organizing Perspective" (Harvard Education Press, 2020) Aug 04, 2021
    Show notes

    In The Teacher Insurgency: A Strategic and Organizing Perspective(Harvard Education Press, 2020), Leo Casey addresses how the unexpected wave of recent teacher strikes has had a dramatic impact on American public education, teacher unions, and the larger labor movement. Casey explains how this uprising was not only born out of opposition to government policies that underfunded public schools and deprofessionalized teaching, but was also rooted in deep-seated changes in the economic climate, social movements, and, most importantly, educational politics.

    With an eye to maintaining the momentum of the insurgency, the author examines four key strategic questions that have arisen from the strikes: the relationship of mobilization to organizing; the relationship between protests and direct action; the conditions under which teacher strikes are most likely to be successful; and the importance of "bargaining for the common good." More broadly, Casey examines how to organize teachers for collective action, focusing on four discourses of teaching: teaching as nurturance; as professionalism; as labor and craft; and as a vocation of democratic intellectual work.

    Leo Casey is the Executive Director of the Albert Shanker Institute, a strategic think tank affiliated with the American Federation of Teachers. He taught and worked in New York City public high schools for twenty-eight years. During this time, he was a union activist and leader, serving for six years as a Vice President of New York City's United Federation of Teachers. In that role, he led the union's organizing in charter schools. Casey has won a number of awards for his teaching and was named the 1992 Social Studies Teacher of the Year for the American Teacher Awards. For ten years, his students--all of color, and predominantly immigrants and girls--won city and state championships in the "We the People" civics competition, twice placing fourth in the nation. Casey has worked with teachers in Tanzania and Russia on the development of civics education, and with teachers in China on promoting critical pedagogical methods. He has written extensively on civics, education, unionism and politics, in both print and on-line publications. Casey holds a PhD in political science from the University of Toronto.

    Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly.

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


    Sarah Hepola on Drinking in a "Dry" Texas County Aug 03, 2021
    Show notes

    Welcome to Cover Story, a podcast by New Books Network devoted to long form journalism. Today, we are talking to Texas-based writer Sarah Hepola. Hepola is most known from her brave writing about drinking and the 2015 bestselling memoir Blackout: Remembering the Things I Drank to Forget.

    She's appeared on NPR’s Fresh Air and published in The New York Times, The Guardian, Bloomberg Businessweek, Salon and Texas Monthly, where she is a writer-at-large. Today we are talking about her recent story “In Mobile City Everybody Knows Your Name” from August 2021 Texas Monthly. A very fresh piece.

    Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations.

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


    Lani Watson, "The Right to Know: Epistemic Rights and Why We Need Them" (Routledge, 2021) Aug 02, 2021
    Show notes

    We often talk as if individuals have entitlements to certain kinds of information: medical test results, political representatives’ voting records, crime statistics, and the like. We also talk as if these entitlements entail duties on the part of others to provide the relevant information. Moreover, we talk as if the individual’s entitlement to information also entails a range of protections against misinformation, deception, and the like.

    Despite the fact that these ideas are common, there is surprisingly little in the philosophical literature about the nature and contours of the relevant entitlements. In her new book, The Right to Know: Epistemic Rights and Why We Need Them (Routledge, 2021), Lani Watson seeks to remedy this. She develops a conception of epistemic rights – a distinct class entitlements which nonetheless fits neatly into the existing landscape of rights theory.

    Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University.

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


    Stephen Skowronek et al., "Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive" (Oxford UP, 2021) Jul 29, 2021
    Show notes

    Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive (Oxford UP, 2021) helps us think about the complexity of the American political system that has grown up over the past 200 years, and how this system functions (or, at times, misfunctions) given the demands and pressures on the governmental system and the American constitutional framework. Stephen Skowronek, John Dearborn, and Desmond King focus on the concept of the deep state, a term that was frequently used during the Trump Administration, with different meanings to different audiences and citizens. The deep state has also been more clearly revealed, in certain regards, by presidential inclinations towards the unitary executive. The phantoms of the title refer to the shadows of both the deep state and the unitary executive as embedded in the original constitutional arrangement crafted in Philadelphia in 1787, through the vesting clause in Article II, Congress’s capacity to expand the republic and create more and diverse aspects of government, and the way in which congressional legislation establishes both legal regulations and norms with which the executive branch and the president are expected to cooperate. A key contention by the authors is that this uneasy tension has been in the shadows of our constitutional system since the beginning, but during other periods, elected officials finessed some of these difficulties through the presidential nominating/selection process, and with attention from the parties and the roles that the parties played in managing the system itself. With the evolution of the selection system, particularly with the shift to direct primaries and caucuses, and with parties now operating as extensions of the presidency and the president, the unitary executive has become more entrenched within the system. This beleaguered republic may be moving towards the form and function of a presidential democracy, often leaning into populism, and away from the contours and structure of the original republic.

    The unitary executive can operate more freely because of the system’s commitment to separation of powers, with all executive power in the hands of the president. Parallel to these developments has been the slow growth of the administrative state in the U.S., derogatorily referred to as “the deep state.” As discussed in Phantoms of a Beleaguered Republic, the state is deep in a number of directions. The reach of the national government works its way to individuals, localities, and states through a host of different means and paths. The administrative state also extends horizontally, across the dimensions of the national government itself, with layers of civil servants, policy experts, political appointees, administrative judges, staff, all doing the work they are entrusted with by elected officials and led by the president. Phantoms of a Beleaguered Republic dives into these dual dimensions of our political system—the potential for unified power in the president and presidency, and the substantive capacity of the administrative state— bringing forward the tensions between this strengthened Executive and the national state the president leads as head of the executive branch.

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

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


    Francis Wade, "Myanmar's Enemy Within: Buddhist Violence and the Making of a Muslim 'Other'" (Zed Books, 2017) Jul 28, 2021
    Show notes

    In 2017, Myanmar's military launched a campaign of widespread targeted violence against its Rohingya minority. The horrific atrocities was later described by United Nations experts as genocide. This had been building since 2012, when earlier ethnic violence erupted between Buddhists and Muslims in Western Myanmar. These very grave incidents leading to the deaths and also the flight of thousands of Rohingya to neighbouring Bangladesh was the most concentrated exodus of people since the genocide in Rwanda in 1994. In Myanmar's Enemy Within: Buddhist Violence and the Making of the Muslim 'Other' (Zed Books, 2017, 2019), Francis Wade identifies the underlying causes which flamed division, segregation and resulted in a horrific loss of life and violence. Wade explores how the manipulations by a ruling elite turned prompted neighbours to take up arms against neighbour, by politicising ethnic identity.

    The crisis is contextualised in the legacy of British colonialism which calcified the previously fluid dynamics of cultural groups across the country.The military junta is shown to have exploited these divisions in its campaign which targeted the Rohingya minority. In the period of extreme violence, Wade draws out how the U.N., and more broadly, how Western backers of the apparent political transition to democratisation contemporaneously ignored the unfolding situation. Through his on-the-ground accounts, Wade explores how citizens experiencing rights and freedoms unseen for half a century, under a much lauded civilian leaders such as Aung San Suu Kyi, became complicit in this humanitarian catastrophe.

    Francis Wade is a journalist specialising in Myanmar and Southeast Asia. He began reporting on Myanmar in 2009 and went on to cover in-depth the transition from military rule and the violence which accompanied it. He has reported for The Guardian, The London Review of Books, TIME, New York Review of Books and more.

    Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

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


    Moshe Halbertal, "Nahmanides: Law and Mysticism" (Yale UP, 2020) Jul 27, 2021
    Show notes

    Rabbi Moses ben Nahman (1194–1270), known in English as Nahmanides and by the acronym the Ramban, was one of the most creative kabbalists, one of the deepest and most original biblical interpreters, and one of the greatest Talmudic scholars the Jewish tradition has ever produced.

    Join us as we talk with Moshe Halbertal about his recent book: Nahmanides: Law and Mysticism (Yale UP, 2020), where he provides a broad, systematic account of Nahmanides’s thought, exploring his conception of halakhah and his approach to the central concerns of medieval Jewish thought, as well as the relationship between Nahmanides’s kabbalah and mysticism and the existential religious drive that nourishes them.

    Moshe Halbertal is the John and Golda Cohen Professor of Jewish Thought and Philosophy at Hebrew University and Gruss Professor of Law at NYU Law School. He has also written Maimonides: Life and Thought.

    Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus(Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus(IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption(IVP Academic, 2020). He can be reached at mmorales@gpts.edu

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


    Linda Colley, “Constitutional Investigations” (Open Agenda, 2021) Jul 27, 2021
    Show notes

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

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

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


    Jeffery A. Jenkins and Justin Peck, "Congress and the First Civil Rights Era, 1861-1918" (U Chicago Press, 2021) Jul 26, 2021
    Show notes

    Jeffrey Jenkins and Justin Peck’s new book Congress and the First Civil Rights Era, 1861-1918 (U Chicago Press, 2021) explores how Congressional Republicans enacted laws aimed at establishing an inclusive, multiracial democracy. During the Civil War and Reconstruction, Congress crafted a civil rights agenda -- including laws, strict enforcement mechanisms, and Constitutional amendments that (for a brief time) enabled Black Americans to vote, sit on juries, and exercise other civil rights. Using a rich collection of data, the book documents how the Republican coalitions that passed and enforced civil rights weakened because of GOP political weakness in the South, shifts in the political preferences of Northern voters, and lack of GOP unity over core assumptions. Jenkins and Peck offer a Congress-centered American political development perspective to understand how Republicans built civil rights yet subsequently undermined the nascent multiracial democracy that their civil rights agenda helped make possible. The book focuses on the conflict within the Republican Party and electoral trends to argue that “policy enactments are a consequence of, and a window into, evolving attitudes about civil rights.” The book’s granular political history demonstrates how legal institutions -- created by majoritarian bodies like Congress -- liberated and protected an oppressed class of citizens but also reasserted the power of the white majority.

    Dr. Jeffery A. Jenkins is Provost Professor of Public Policy, Political Science, and Law, Judith & John Bedrosian Chair of Governance and the Public Enterprise, Director of the Bedrosian Center, and Director of the Political Institutions and Political Economy (PIPE) Collaborative at the University of Southern California’s Sol Price School of Public Policy.

    Dr. Justin Peck is an Assistant Professor in the Department of Government at Wesleyan University. In addition to his work on Congress and Civil Rights, he is engaged in a project that seeks to understand how the United States’ role in international affairs leads to the production of new political ideas and to the reform of domestic political institutions.

    Daniella Campos assisted with this podcast.

    Susan Liebell is professor of political science at Saint Joseph’s University in Philadelphia. “BLM versus #BLM:The Dangers of the New Armed Rebellion Narrative” was recently published as part of the Brennan Center for Justice’s series on Protest, Insurrection, and the Second Amendment and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” appeared in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell.

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


    Meena Bose and Andrew Rudalevige, "Executive Policymaking: The Role of the OMB in the Presidency" (Brookings, 2020) Jul 22, 2021
    Show notes

    The Office of Management and Budget (OMB) is sometimes described as “the most important governmental office no one has ever heard of” and it certainly occupies a very important position and role in the functioning of the American presidency and the way that the Executive branch operates. Political Scientists Meena Bose (Hofstra University) and Andrew Rudalevige (Bowdoin College) have edited an excellent primer on OMB, not just in terms of exploring what it does and how it works, but also integrating a host of perspectives examining the history, function, and details of OMB. The book begins with a Forward and an introductory chapter by the Honorable Jacob J. Lew, who served as OMB Director during both the Clinton and Obama Administrations. Lew’s chapter sets up the rest of the work in

    Executive Policymaking: The Role of the OMB in the Presidency (Brookings Institution Press, 2020), since he discusses OMB as an insider and a leader of the agency, as well as from the position as a cabinet secretary who also needed to work with OMB and as President Obama’s chief of staff, a position that requires a similar kind of broad understanding of the functioning and structure of the entire Executive branch. The rest of the chapters in Executive Policymaking follow Lew’s lead, with analysis from academics who study and research the presidency and the Executive branch and bureaucracy along with co-authored chapters that bring in the perspectives from other current and former OMB employees.

    The Office of Management and Budget has evolved from the Bureau of the Budget (BOB) that was put into place in 1921, a century ago. Over time, the BOB was moved to the Department of Treasury, but OMB was given more the responsibilities that provide it with the capacity to essentially manage the workings of the Executive branch, which is no small undertaking. The president’s budget is the way that the Executive branch can broadly manage the priorities of the bureaucracy, and OMB is the centralizing actor in the way that this essentially operates. Bose and Rudalevige, both experts on the presidency and the bureaucracy, have brought together authors who examine OMB from important and distinct perspectives. The first section of Executive Policymaking explains the role that OMB plays in the federal budget process. This section also includes a chapter that specifically looks at the president’s budget powers during the Trump Era, since abuse of these powers also led to the first of President Donald Trump’s two impeachments. The next part of the book explores Executive Orders, Central Clearance, and the Office of Information and Regulatory Affairs (OIRA), all of which are key components of the role that OMB plays in regard to the Executive branch agencies and departments. The final section of the book shifts the focus a bit from the budget to management, looking at the role that OMB plays in terms of managing the entirety of the Executive branch and also managing itself. The authors in this section also include OMB employees, who speak to their own experiences working inside this complex and important agency and the role and position that OMB holds in relation to the president, the presidency, and the Executive branch. This is a fascinating and useful examination of the many dimensions of the Office of Management and Budget, placing the agency in historical, political, and institutional context.

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

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


    Yujie Zhu and Christina Maags, "Heritage Politics in China: The Power of the Past" (Routledge, 2020) Jul 20, 2021
    Show notes

    Heritage Politics in China: The Power of the Past (Routledge, 2020) studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present.

    As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies, and interviews with policymakers, practitioners, and local communities, the authors offer a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China.

    Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University

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


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