New Books in Law

Latest Episodes:

Terri E. Givens, "Immigration in the 21st Century: The Comparative Politics of Immigration Policy" (Routledge, 2020) Apr 22, 2021

Show notes

Immigration in the 21st Century: The Comparative Politics of Immigration Policy(Routledge, 2020) is an excellent primer for those looking to understand the complexities of immigration not only as a policy arena, but the study of immigration and migration, and to get a sense of the different approaches to immigration from a variety of kinds of countries. Terri Givens, Rachel Navarre, and Pete Mohanty have written a sophisticated and accessible text that would be of interest to anyone who wants to learn a bit more about immigration. The authors explain the different approaches to immigration taken by different countries, depending on the historical and political contexts of those countries. They group countries together into categories, with defining characteristics that contribute to the form and shape of the immigration policies that have been implemented. Attention is paid to the post-World War II European shifts in immigration and policies that provided avenues for workers to help with the rebuilding of places like Germany and France. There is also a discussion of the way that globalization has contributed to the evolution of immigration processes, and how migration is also participating in the shape of newer policies and political responses. In our conversation, Givens explains the way that sovereignty and nation building provide the framing for immigration policies and how nations think about those whom they allow to become citizens.

Immigration in the 21st Century provides an understanding of immigration from a practical perspective, contextualizing it in the world that came out of World War II. This book also integrates the role that the Cold War played in both immigration and migration during the period of tension between the East and the West, and then what happened after the end of the Cold War. In our conversation, Givens notes the differences between immigration, which is generally a public and political policy that a nation puts into place, and migration, which follows the flow of people from one place to another place, often because of a triggering event, like war and conflict, or climate change. We also discuss the different policies that govern the trade of goods across borders and the more complicated nature of implementing policies that govern the movement of people across borders. Immigration in the 21st Century is a useful and thoughtful analysis of the complexities of immigration in the modern world.

Terri Givens also has a website devoted to the book itself and updating information about immigration. Here is the link to that website, which also includes a coupon for a discount on the book: https://www.terrigivens.com/immigration/

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

Lorna N. Bracewell, "Why We Lost the Sex Wars: Sexual Freedom in the #MeToo Era" (U Minnesota Press, 2021) Apr 21, 2021

Show notes

Since the historic #MeToo movement materialized in 2017, innumerable survivors of sexual assault and misconduct have broken their silence and called out their abusers publicly--from well-known celebrities to politicians and high-profile business leaders. Not surprisingly, conservatives quickly opposed this new movement, but the fact that "sex positive" progressives joined in the opposition was unexpected and seldom discussed. Why We Lost the Sex Wars: Sexual Freedom in the #MeToo Era(University of Minnesota Press, 2021) explores how a narrow set of political prospects for resisting the use of sex as a tool of domination came to be embraced across this broad swath of the political spectrum in the contemporary United States.

To better understand today's multilayered sexual politics, Lorna N. Bracewell offers a revisionist history of the "sex wars" of the 1970s, '80s, and '90s. Rather than focusing on what divided antipornography and sex-radical feminists, Bracewell highlights significant points of contact and overlap between these rivals, particularly the trenchant challenges they offered to the narrow and ambivalent sexual politics of postwar liberalism. Bracewell leverages this recovered history to illuminate in fresh and provocative ways a range of current phenomena, including recent controversies over trigger warnings, the unimaginative politics of "sex-positive" feminism, and the rise of carceral feminism. By foregrounding the role played by liberal concepts such as expressive freedom and the public/private divide as well as the long-neglected contributions of Black and "Third World" feminists, Bracewell upends much of what we think we know about the sex wars and makes a strong case for the continued relevance of these debates today.

Why We Lost the Sex Wars provides a history of feminist thinking on topics such as pornography, commercial sex work, LGBTQ+ identities, and BDSM, as well as discussions of such notable figures as Patrick Califia, Alan Dershowitz, Andrea Dworkin, Elena Kagan, Audre Lorde, Catharine MacKinnon, Cherríe Moraga, Robin Morgan, Gayle Rubin, Nadine Strossen, Cass Sunstein, and Alice Walker.

Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers.

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

Joseph P. Laycock, "Speak of the Devil: How the Satanic Temple Is Changing the Way We Talk about Religion" (Oxford UP, 2020) Apr 20, 2021

Show notes

In 2013, when the state of Oklahoma erected a statue of the Ten Commandments on the grounds of the state capitol, a group calling themselves The Satanic Temple applied to erect a statue of Baphomet alongside the Judeo-Christian tablets. Since that time, The Satanic Temple has become a regular voice in national conversations about religious freedom, disestablishment, and government overreach. In addition to petitioning for Baphomet to appear alongside another monument of the Ten Commandments in Arkansas, the group has launched campaigns to include Satanic "nativity scenes" on government property in Florida, Michigan, and Indiana, offer Satanic prayers at a high school football game in Seattle, and create "After School Satan" programs in elementary schools that host Christian extracurricular programs. Since their 2012 founding, The Satanic Temple has established 19 chapters and now claims 100,000 supporters. Is this just a political group perpetuating a series of stunts? Or is it a sincere religious movement?

Joseph Laycock's new book, Speak of the Devil: How The Satanic Temple is Changing the Way We Talk about Religion (Oxford University Press, 2020) is the first book-length study of The Satanic Temple. Laycock contends that the emergence of "political Satanism" marks a significant moment in American religious history that will have a lasting impact on how Americans frame debates about religious freedom. Though the group gained attention for its strategic deployment of outrage, it claims to have developed beyond politics into a genuine religious movement. Equal parts history and ethnography, Speak of the Devil is Laycock's attempt to take seriously The Satanic Temple's work to redefine religion, the nature of pluralism and religious tolerance, and what "religious freedom" means in America.

Joseph Laycock is an associate professor of religious studies at Texas State University. He has written several books on new religious movements and American religious history, including one on role playing games and the satanic panic. He is also a co-editor for the journal Nova Religio.

Carrie Lynn Evans is a PhD student at Université Laval in Quebec City.

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

Postscript: Biden's First 100 Days Apr 19, 2021

Show notes

Much has long been made of the bold legislative action that President Franklin Delano Roosevelt marshalled forward in his first 100 days in office in the midst of the Great Depression. To take stock of the Biden presidency, Lilly and Susan asked three thoughtful political scientists—Dr. Jonathan Bernstein (Bloomberg Media), Dr. Nadia E. Brown (Purdue University), and Dr. Jane Junn (University of Southern California) to interrogate the early days of the Biden Administration. They not only provided keen observations about the Executive Branch, but also about Congress and state governments. The lively discussion shifted quickly from the arbitrary marker of the first 100 days to what is necessary to move policy forward in the closely divided U.S. House and Senate, and what the legislative agenda may look like going forward. We chat about the apparent pause in the swift swirling of our politics—though we debate whether the new administration is a return to normalcy and if it is possible, post Trump, to return to normalcy. In this context, there was a discussion of competence, expertise, intelligence, rationality,

preparation, and integrity. We pay close attention to the political parties, with specific focus on the internal tensions in both the Democratic Party and the Republican Party. Our guests also spend time framing the political landscape with an understanding of the role and place of news media and social media.

Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at sliebell@sju.edu or tweet to @SusanLiebell.

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

Y. Yvon Wang, "Reinventing Licentiousness: Pornography and Modern China" (Cornell UP, 2021) Apr 16, 2021

Show notes

Y. Yvon Wang draws on previously untapped archives--ranging from police archives and surveys to ephemeral texts and pictures--to argue that pornography in China represents a unique configuration of power and desire that both reflects and shapes historical processes. On the one hand, since the late imperial period, pornography has democratized pleasure in China and opened up new possibilities of imagining desire. On the other, ongoing controversies over its definition and control show how the regulatory ideas of premodern cultural politics and the popular products of early modern cultural markets have contoured the globalized world.

Reinventing Licentiousness: Pornography and Modern China(Cornell University Press, 2021) emphasizes the material factors, particularly at the grassroots level of consumption and trade, that governed proper sexual desire and led to ideological shifts around the definition of pornography. By linking the past to the present and beyond, Wang's social and intellectual history showcases circulated pornographic material as a motor for cultural change. The result is an astonishing foray into what historicizing pornography can mean for our understandings of desire, legitimacy, capitalism, and culture.

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

Allison B. Wolf, "Just Immigration in the Americas: A Feminist Account" (Rowman & Littlefield, 2020) Apr 13, 2021

Show notes

Allison B. Wolf'sJust Immigration in the Americas: A Feminist Account(Rowman and Littlefield, 2020) proposes a pioneering, interdisciplinary, feminist approach to immigration justice, which defines immigration justice as being about identifying and resisting global oppression in immigration structures, policies, practices, and norms.

In contrast to most philosophical work on immigration (which begins with abstract ideas and philosophical debates and then makes claims based on them), this book begins with concrete cases and immigration policies from throughout the United States, Mexico, Central America, and Colombia to assess the nature of immigration injustice and set us up to address it. Every chapter of the book begins with specific immigration policies, practices or sets of immigrant experiences in the U.S. and Latin America and then explores them through the lens of global oppression to better identify what makes it unjust and to put us in a better position to respond to that injustice and improve immigrants’ lives. It is one of the first sustained studies of immigration justice that focuses on Central and South America in addition to the U.S. and Mexico.

Ethan Besser Fredrick is a graduate student in Modern Latin American history seeking his PhD at the University of Minnesota. His work focuses on the Transatlantic Catholic movements in Mexico and Spain during the early 20th century.

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

Karen Petrou, "Engine of Inequality: The Fed and the Future of Wealth in America" (Wiley, 2021) Apr 13, 2021

Show notes

Following the 2008 financial crisis, the Federal Reserve’s monetary policy placed much greater focus on stabilizing the market than on helping struggling Americans. As a result, the richest Americans got a lot richer while the middle class shrank and economic and wealth inequality skyrocketed. In Engine of Inequality, Karen Petrou offers pragmatic solutions for creating more inclusive monetary policy and equality-enhancing financial regulation as quickly and painlessly as possible. Instead of proposing legislation that would never pass Congress, the author provides an insider's look at politically plausible, high-impact financial policy fixes that will radically shift the equality balance. Offering an innovative, powerful, and highly practical solution for immediately turning around the enormous nationwide problem of economic inequality, this groundbreaking book:

Presents practical ways America can and should tackle economic inequality with fast-acting results;
Provides revealing examples of exactly how bad economic inequality in America has become no matter how hard we all work;
Demonstrates that increasing inequality is disastrous for long-term economic growth, political action, and even personal happiness;
Explains why your bank's interest rates are still only a fraction of what they were even though the rich are getting richer than ever, faster than ever;
Reveals the dangers of FinTech and BigTech companies taking over banking; Shows how Facebook wants to control even the dollars in your wallet; and
Discusses who shares the blame for our economic inequality, including the Fed, regulators, Congress, and even economists.

Engine of Inequality: The Fed and the Future of Wealth in America (Wiley, 2021) should be required reading for leaders, policymakers, regulators, media professionals, and all Americans wanting to ensure that the nation’s financial policy will be a force for promoting economic equality.

Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire.

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

Alexandra Kemmerer, "Human Dignity in Context" (Nomos/Hart, 2018) Apr 12, 2021

Show notes

Human dignity is the key term that the Universal Declaration on Human Rights placed at the center of legal discourse on a global level. In 1949, Germany incorporated the concept of human dignity in its Basic law.

Human Dignity in Context (Nomos/Hart, 2018), edited by Dieter Grimm, Alexandra Kemmerer, and Christoph Möllers, provides a contextual analysis of human dignity, exploring its legal and political implications and reflecting current debates on human dignity in multiple disciplinary fields. In our interview, Alexandra and myself speak about the definition, benefits and challenges of the term, about Covid 19 as a case study of how we can use Human Dignity to make decisions about the contradicts needs and wishes of communities and people during the pandemic, we speak about the debate around human dignity and technology and more.

Alexandra Kemmerer is senior research fellow and academic coordinator at the Max Planck Institute for Comparative Public Law and International Law in Berlin.

Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. He can be reached at: Yakir1212englander@gmail.com

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

Pedro Gustavo Teixeira, "The Legal History of the European Banking Union: How European Law Led to the Supranational Integration of the Single Financial Market" (Hart, 2020) Apr 12, 2021

Show notes

Today I talked to Pedro Gustavo Teixeira about his new book The Legal History of the European Banking Union: How European Law Led to the Supranational Integration of the Single Financial Market (Hart, 2020)

Since 1950, the political and economic integration of Europe has tended to accelerate through functional mini-unions: coal and steel, nuclear power, and – in the wake of the coronavirus pandemic - it could well be healthcare next. The most recent of these mini-federations is the European Banking Union; born out of necessity at the height of the sovereign-debt crisis in 2012-13 but, as this new history emphasises, built on foundations laid in the 1970s.

Within three years of its political green light, the EBU's core agencies - the Single Supervisory Mechanism (SSM) under the authority of the European Central Bank and the Single Resolution Mechanism - were in place yet, while huge changes have taken place, critical business has been left unfinished. "A regime geared towards ever more integration with distributive consequences, but without stabilisation capacity in the form of risk-sharing among member states and largely insulated from democratic politics will likely not be sustainable", writes Pedro Gustavo Teixeira.

Pedro Gustavo Teixeira is director-general of governance and operations of the Single Supervisory Mechanism of the European Central Bank, secretary of its Supervisory Board, and a lecturer at the institute for law and finance at the Goethe University in Frankfurt. (Any views expressed are personal and not necessarily those of the ECB).

*The author's own book recommendation is Dark Continent: Europe's Twentieth Century by Mark Mazower (Penguin, 1999 - latest edition 2018).

Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors.

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

Alison Mountz, "The Death of Asylum: Hidden Geographies of the Enforcement Archipelago" (U Minnesota Press, 2020) Apr 09, 2021

Show notes

The Death of Asylum: Hidden Geographies of the Enforcement Archipelago(University of Minnesota Press, 2020) arrives at an extraordinarily consequential moment for the future of asylum protections. Even as more and more people around the world find themselves displaced and endangered by violent conflict, climate change, and material deprivation, the small set of countries that once welcomed refugees and asylum seekers have closed themselves off. From the outside, we see Fortress Europe, kids in cages, and the criminalization of asylum seekers--but look closer, and there are far more elaborate geographical games taking place to effectively erase the possibility of asylum. In this award-winning book, Mountz traces the global chain of remote detention centers used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical idea, along with the continued death of asylum seekers themselves.

Alongside her written work, Mountz and her colleague Kim Rygiel have started a podcast called Displacements that follows ongoing ongoing scholarship and activism in the migration space. Alongside her collaborate Lisa Molomot, she has released a documentary film called Safe Haven that follows Vietnam-war era resistors who sought protection in Canada.

Alison Mountz is Professor of Geography and Canada Research Chair in Global Migration, and she is Director of the International Migration Research Centre at Wilfrid Laurier University in Canada.

You can follow Alison on Twitter @AlisonMountz, and the host, Dino Kadich, @dinokadich. The New Books in Geography Twitter page is @NewBooksGeog.

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

Our TOPPODCAST Picks

Follow Us

Stay Connected

Related Podcasts

Links

Stay Connected