New Books in Law

Latest Episodes:

Russell A. Newman, "The Paradoxes of Network Neutralities" (MIT Press, 2019) Feb 03, 2020

Show notes

Three years after the withdrawal of the Open Internet Order – then-President Barack Obama’s attempt at codifying network neutrality by prohibiting internet service providers from discriminating between content – by the Federal Communications Commission, a need to holistically understand the net neutrality debates still exists. How can we make sense of the intensification of controversy, the advocacy and protests, and the political and corporate wrangling? In his new book, The Paradoxes of Network Neutralities (MIT Press, 2019), Russell A. Newman, an assistant professor at Emerson College, sets out to provide an explication of the debates surrounding network neutrality. To do this, Newman critically examines the narratives put forth that erase elements foundational for interpreting the trajectory of open internet regulation, as well as comprehending the systems and impacts of internet advocacy, and the disparate rhetorics involved in this cause.

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SpearIt, “American Prisons: A Critical Primer on Culture and Conversion to Islam” (First Edition Design, 2017) Jan 31, 2020

Show notes

America has the largest incarcerated population in the world. This staggering and troubling fact has driven a great deal of scholarship. Much of this research has shown that mass incarceration in America is facilitated by systemic racial discrimination, which disproportionately affects African-American and Latinx communities. Only recently have scholars focused on the role of religion in American prisons.

In American Prisons: A Critical Primer on Culture and Conversion to Islam (First Edition Design, 2017), SpearIt, Professor in the Thurgood Marshall School of Law at Texas Southern University, brings the subject of incarcerated Muslims into focus. The collection of essays synthesizes SpearIt’s legal and academic work on issues of conversion, radicalization, and Muslim prisoner rights. Overall, the collection demonstrates that prisons are a crucial space for understanding the history of Muslims in America. In our conversation we discussed how Muslims have shaped religious life in prisons, the everyday challenges of incarceration, prison as a center for religious conversion, reasons prisoners chose Islam while incarcerated, prison administrators’ and policy makers’ definitions of radicalization, Muslim hip hop in the age of mass incarceration, incarcerated Latinx communities, and strategies to improve the criminal justice system.

Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu.

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K. Linder et al., "Going Alt-Ac: A Guide to Alternative Academic Careers" (Stylus Publishing, 2020) Jan 30, 2020

Show notes

If you’re a grad student facing the ugly reality of finding a tenure-track job, you could easily be forgiven for thinking about a career change. However, if you’ve spent the last several years working on a PhD, or if you’re a faculty member whose career has basically consisted of higher ed, switching isn’t so easy. PhD holders are mostly trained to work as professors, and making easy connections to other careers is no mean feat. Because the people you know were generally trained to do the same sorts of things, an easy source of advice might not be there for you.

Thankfully, for anybody who wishes there was a guidebook that would just break all of this down, that book has now been written. Going Alt-Ac: A Guide to Alternative Academic Careers (Stylus Publishing, 2020) by Kathryn E. Linder, Kevin Kelly, and Thomas J. Tobin offers practical advice and step-by-step instructions on how to decide if you want to leave behind academia and how to start searching for a new career. If a lot of career advice is too vague or too ambiguous, this book corrects that by outlining not just how to figure out what you might want to do, but critically, how you might go about accomplishing that.

Zeb Larson is a recent graduate of The Ohio State University with a PhD in History. His research deals with the anti-apartheid movement in the United States. To suggest a recent title or to contact him, please send an e-mail to zeb.larson@gmail.com.

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Gregory P. Downs, "The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic" (UNC Press, 2019) Jan 29, 2020

Show notes

Much of the confusion about a central event in United States history begins with the name the "Civil War." In reality, the Civil War was not merely civil--meaning national--and not merely a war, but instead an international conflict of ideas as well as armies. Its implications transformed the U.S. Constitution and reshaped a world order, as political and economic systems grounded in slavery and empire clashed with the democratic process of republican forms of government. And it spilled over national boundaries, tying the United States together with Cuba, Spain, Mexico, Britain, and France in a struggle over the future of slavery and of republics. In The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic (University of North Carolina Press, 2019), Gregory P. Downs argues that we can see the Civil War anew by understanding it as a revolution. More than a fight to preserve the Union and end slavery, the conflict refashioned a nation, in part by remaking its Constitution. More than a struggle of brother against brother, it entailed remaking an Atlantic world that centered in surprising ways on Cuba and Spain. Downs introduces a range of actors not often considered as central to the conflict but clearly engaged in broader questions and acts they regarded as revolutionary. This expansive canvas allows Downs to describe a broad and world-shaking war with implications far greater than often recognized.

Ryan Tripp is part-time and full-time adjunct history faculty at California community colleges as well as the College of Online and Continuing Education at Southern New Hampshire University.

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Leah Stokes, "Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy" (Oxford UP, 2020) Jan 28, 2020

Show notes

Why do even successful clean energy policies fail to create momentum for more renewable energy? In her new book Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy and Climate Policy in the American States (Oxford University Press, 2020), Leah Stokes analyzes policy-making in Texas, Kansas, Arizona, and Ohio to understand the dynamics of clean energy policy. This remarkably ambitious work urges political scientists to refocus on the manner in which interest groups prevent or reverse clean energy policies. Her case studies reveal the particular conditions and mechanisms through which interest groups “short circuit” policy by undermining and obscuring policy feedback.

This rich and nuanced qualitative study of several cases yields insights on the role that ambiguity plays in policy change. The “fog of enactment” (the gap between actors expectations and the policy’s actual outcome) helps explain why it is so difficult to implement clean energy policy. Because ambiguity shrinks after implementation and actors learn and update their beliefs, powerful fossil fuel interest groups can drive policy changes after implementation in ways that thwart clean energy policy. The book translates climate science for political scientists – and presents political dynamics in a manner accessible to all readers who care about climate change.

The podcast includes a fascinating discussion of how the findings of the book map onto the policies and priorities of the Democratic candidates for the presidency.

Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013).

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Daniel Denvir, "All-American Nativism: How the Bipartisan War on Immigrants Explains Politics as We Know It" (Verso, 2020) Jan 27, 2020

Show notes

It is often said that with the election of Donald Trump nativism was raised from the dead. After all, here was a president who organized his campaign around a rhetoric of unvarnished racism and xenophobia. Among his first acts on taking office was to issue an executive order blocking Muslim immigrants from entering the United States. But although his actions may often seem unprecedented, they are not as unusual as many people believe. This story doesn’t begin with Trump. For decades, Republicans and Democrats alike have employed xenophobic ideas and policies, declaring time and again that “illegal immigration” is a threat to the nation’s security, wellbeing, and future.

The profound forces of all-American nativism have, in fact, been pushing politics so far to the right over the last forty years that, for many people, Trump began to look reasonable. As Daniel Denvir argues, issues as diverse as austerity economics, free trade, mass incarceration, the drug war, the contours of the post 9/11 security state, and, yes, Donald Trump and the Alt-Right movement are united by the ideology of nativism, which binds together assorted anxieties and concerns into a ruthless political project.

All-American Nativism: How the Bipartisan War on Immigrants Explains Politics as We Know It(Verso, 2020) provides a powerful and impressively researched account of the long but often forgotten history that gave us Donald Trump. Join us to hear Daniel Denvir lay out the grim history and current state of US immigration politics and policy.

Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017).

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James M. Banner, Jr., "Presidential Misconduct: From George Washington to Today" (The New Press, 2019) Jan 22, 2020

Show notes

What standard should be used to assess presidential misconduct during the Trump presidency? How should the public, press, Congress, and bureaucracy resist and punish executive misconduct? Presidential Misconduct: From George Washington to Today (The New Press, 2019) insists we must look back to look forward. The book provides a comprehensive study of American presidents' misconduct and their response to charges against them. The book provides a unique context by which to understand and evaluate the impeachment of Donald Trump.

The origins of the book are unique. During the 1974 Nixon impeachment hearings, committee leaders ask a group of historians to catalogue presidential misconduct – in 8 weeks. This updated edition provides case studies through the presidency of Barack Obama as well as an excellent introduction by James M. Banner, Jr. (one of the original authors of the 1974 study who also provides chapters on Jefferson, Madison, and Monroe). Jeremi Suri’s analysis of Ronald Reagan’s presidency (EPA, HUD, illegal lobbying, Pentagon bribes and kickbacks, Savings and Loan, Iran-Contra) concludes that Reagan’s personal integrity contrasts with the managerial negligence and deregulation that “encouraged corruption and law-breaking.” Although Reagan did not profit personally, his penchant for deregulation and dislike of confrontation created an environment which made possible crimes committed by others. In her chapter on Bill Clinton, Kathryn Cramer Brownell highlights how changes in television and cable (the twenty-four hour news) impacted the presidency. Through an analysis of Travelgate, Whitewater, 1996 Campaign Finance Violations, and Monica Lewinsky, Brownell concludes that the “line between public and private life, as well as the public’s distinction between the two, disappeared during the Clinton administration.” During the podcast, Brownell expands on complex issues of gender and the separation of public and private.

The podcast concludes with thoughts on how a historical review of presidential misconduct informs our understanding of the impeachment of President Trump and the impact of public vigilance in American politics.

Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013).

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Jane H. Hong, "Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion" (UNC Press, 2019) Jan 17, 2020

Show notes

Over the course of less than a century, the U.S. transformed from a nation that excluded Asians from immigration and citizenship to one that receives more immigrants from Asia than from anywhere else in the world. Yet questions of how that dramatic shift took place have long gone unanswered. In Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion (University of North Carolina Press, 2019), Jane H. Hong unearths the transpacific movement that successfully ended restrictions on Asian immigration.

The mid-twentieth century repeal of Asian exclusion, Hong shows, was part of the price of America's postwar empire in Asia. The demands of U.S. empire-building during an era of decolonization created new opportunities for advocates from both the U.S. and Asia to lobby U.S. Congress for repeal. Drawing from sources in the United States, India, and the Philippines, Opening the Gates to Asia charts a movement more than twenty years in the making. Positioning repeal at the intersection of U.S. civil rights struggles and Asian decolonization, Hong raises thorny questions about the meanings of nation, independence, and citizenship on the global stage.

This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.

Hong is an assistant professor of history at Occidental College where she specializes in 20th-century U.S. immigration and engagement with the world, with a focus on Asia.

Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University.

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Joseph Blocher and Darrell A.H. Miller, "The Positive Second Amendment: Rights, Regulation, and the Future of Heller" (Cambridge UP, 2018) Jan 10, 2020

Show notes

In The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), Joseph Blocher and Darrell A.H. Miller insist that the Second Amendment is widely recognized but fundamentally misunderstood by the public and public officials. Misconceptions about what the amendment allows, forbids, and how it function as law distort American debates and public policy. Blocher and Miller provide a nuanced synthesis of politics, history, and legal arguments to recover a more balanced discourse – what they call a “positive” Second Amendment” – that accommodates both a right to bear arms and reasonable regulation.

Blocher and Miller begin with a puzzle. After the Sandy Hook shootings, 90% of the public and 74% of NRA members supported background checks for guns purchased at gun shows and online – yet the Manchin-Toomey Amendment failed in the Senate. The power of interest groups, Blocher and Miller insist, does not fully explain the disconnect between public opinion and policy. Examining the powerful constitutional rhetoric around what is “allowed” by the Second Amendment provides a fuller picture of the political and legal landscape. The book systematically works through the legal history of the amendment to demonstrate how extremists on both sides fail to understand the Second Amendment. Written in clear terms (such that it can be read by citizens, students, and scholars), The Positive Second Amendment provides accessible and balanced scholarship on a polarizing topic in politics and law.

The podcast concludes with thoughts on the firearms law case heard by the Supreme Court in December 2019.

Susan Liebell is associate professor of political science at Saint Joseph’s University Carroll in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013).

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Jenna Jordan, "Leadership Decapitation: Strategic Targeting of Terrorist Organizations" (Stanford UP, 2019) Jan 08, 2020

Show notes

One of the central pillars of US counterterrorism policy is that capturing or killing a terrorist group's leader is effective. Yet this pillar rests more on a foundation of faith than facts. In Leadership Decapitation: Strategic Targeting of Terrorist Organizations(Stanford University Press, 2019), Jenna Jordan examines over a thousand instances of leadership targeting—involving groups such as Hamas, al Qaeda, Shining Path, and ISIS—to identify the successes, failures, and unintended consequences of this strategy. As Jordan demonstrates, group infrastructure, ideology, and popular support all play a role in determining how and why leadership decapitation succeeds or fails. Taking heed of these conditions is essential to an effective counterterrorism policy going forward.

Beth Windisch is a national security practitioner. You can tweet her @bethwindisch.

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