New Books in Law

Latest Episodes:

Stephen F. Knott, "The Lost Soul of the American Presidency" (UP of Kansas, 2019) Dec 13, 2019

Show notes

In this latest book, Stephen F. Knott continues his extensive research of the American presidency, from the Founders’ concept of the office to the current office holder. In The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal(University of Kansas Press, 2019), Knott guides the reader through more than 200 years of presidents and the changes that these individuals have brought to the office itself. Knott—a scholar of the founding period, and, in particular, of Alexander Hamilton and the role that he played in establishing the Executive branch in the constitutional system—explores the foundational ideas for the presidency and the ways in which Hamilton and George Washington, as the first inhabitant in that office, tried to establish the office as one that was imbued with dignity while still remaining accessible to the people. The Lost Soul of The American Presidency traces, essentially, what happened next, after Washington left office, and how the pressures and tensions around how the constitutional office continued to work but how that office was complicated by more populist inhabitants, like Thomas Jefferson, Andrew Jackson, Woodrow Wilson, and Franklin Roosevelt. Knott argues that the office has been much changed over the course of history, especially with the integration of public opinion and populism as drivers of how presidents act and makes decisions. Knott, like Hamilton, is greatly concerned with the way that demagoguery and the playing up of polarization and passions have contributed to substantive shifts in office itself and how it is perceived by the citizenry. Ultimately, the book encourages a reconsideration and reestablishment of the original conception of the presidency, one where the character of the person is joined with the dignity and responsibility of the constitutional office.

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).

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Louis Hyman, "Temp: How American Work, American Business, and the American Dream became Temporary" (Viking, 2018) Dec 13, 2019

Show notes

It has become a truism that work has become less secure and more precarious for a widening swath of American workers. Why and how this has happened, and what workers can and should do about it, is the subject of a wide-ranging new book, Temp: How American Work, American Business, and the American Dream became Temporary (Viking, 2018). In Temp, Louis Hyman, Professor of History at the Industrial and Labor Relations School of Cornell University, presents a detailed history of the unraveling of steady work. Hyman acknowledges that secure, lucrative, meaningful work has never been equally available to all Americans, even amidst the prosperity of the post-WWII era. He also argues compellingly that the shift toward privileging shareholders over employees and short-term profit over long-term prosperity was not inevitable, nor is it irreversible. Jobs are less secure today not because the market demanded it but because, starting as early as the 1950s, executives, consultants, and policy makers decided to make them that way. He details the rise of temp agencies and consultancies as well as the broader political, cultural, economic, and technological shifts that fueled and furthered the move toward insecure work. Listen in as I talk with Professor Hyman about his fascinating work and his ideas about what the path forward might look like for American workers.

Carrie Lane is a Professor of American Studies at California State University, Fullerton and author of A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment. Her research concerns the changing nature of work in the contemporary U.S. She is currently writing a book on the professional organizing industry. To contact her or to suggest a recent title, email clane@fullerton.edu.

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Laura Cabrera, "Rethinking Human Enhancement: Social Enhancement and Emergent Technologies" (Palgrave Macmillan, 2014) Dec 12, 2019

Show notes

In Rethinking Human Enhancement: Social Enhancement and Emergent Technologies (Palgrave Macmillan, 2014), Laura Cabrera discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way.

John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts.

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Philip M. Napoli, "Social Media and the Public Interest: Media Regulation in the Disinformation Age" (Columbia UP, 2019) Dec 09, 2019

Show notes

Philip M. Napoli has been thinking about algorithmic news and social media feed curation for quite some time, as he acknowledges in his new book, Social Media and the Public Interest: Media Regulation in the Disinformation Age (Columbia University Press, 2019). Initially this topic was not as pressing as it now seems to be, but Napoli has been exploring this issue and and trying to figure out how it might work in terms of regulation – self, governmental, or otherwise – for a while. Social Media and the Public Interest approaches this complex and multi-layered issue from a host of perspectives, leading the reader into the broader discussion through a history of social media, but that history itself is positioned within a brief but important history of the internet and the world wide web. At the same time, the book covers a lot of important ground in thinking about the First Amendment, how journalism operates in the age of social media and an otherwise fluid and changing environment for traditional media. Napoli gets at questions that often lurk at the back of our considerations of social media, not only about what we experience in our use of these platforms, but also how we may, unconsciously, consume the information and news that is presented to us through these “not quite journalistic” entities. This is a fascinating book that opens up a lot of penetrating questions about our social media environment, how we think about journalism, what the role of regulation might be in terms of both technology and media, and how all these threads intersect within politics. This book will be of interest to a wide array of readers from a host of backgrounds, and, of course, to anyone who has an interest in understanding the media environment in which we all live.

Lilly J. Goren is professor of Political Science at Carroll University in Waukesha, WI. She co-edited the award-winning Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012).

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William D. Lopez, "Separated: Family & Community in the Aftermath of an Immigration Raid" (Johns Hopkins UP, 2019) Dec 09, 2019

Show notes

What happens to families and communities after immigration raids? William D. Lopez answers this question and more in his new book Separated: Family & Community in the Aftermath of an Immigration Raid (Johns Hopkins UP, 2019). Using ethnographic methods and interviews to deep dive into the aftermath of a local immigration raid, Lopez provides the stories of community members affected by the event and how their lives are changed forever after. The book provides a robust background of information regarding policy issues relevant to the current immigration climate, like the REAL ID act, as well as experiences from a myriad of perspectives. Lopez also draws on lessons from the Black Lives Matter movement and provides a rich discussion of his positionality (called "reflexivity" in research methods). Overall, this book provides a powerful testimony to events happening in our communities and neighborhoods and is written to a wide audience.

This book would align well with graduate level courses on policy, families, race and ethnicity, and/or immigration, but would also be accessible to undergraduates. Anyone interested in these topics, inside and outside of higher education, should check this book out.

Sarah E. Patterson is a Postdoctoral Fellow at the University Michigan. You can tweet her at @spattersearch.

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David H. McIntyre, "How to Think about Homeland Security" (Rowman and Littlefield, 2019) Dec 04, 2019

Show notes

Today I talked to David H. McIntyre about How to Think about Homeland Security; Volume 1: The Imperfect Intersection of National Security and Public Safety and Volume 2: Risk, Threats, and the New Normal (Rowman & Littlefield, 2019).

The next evolution in improving homeland security is to analyze and evaluate various theories of bureaucratic change against the national-level catastrophic threats we are most likely to face. This synthesis provides the bridge between volume 1 (understanding homeland security) and the next in the series (understanding the risk and threats to domestic security).

Volume 1: The Imperfect Intersection of National Security and Public Safety explains homeland security as a struggle to meet new national security threats with traditional public safety practitioners. It offers a new solution that reaches beyond training and equipment to change practitioner culture through education. This first volume represents a major new contribution to the literature by recognizing that homeland security is not based on theories of nuclear response or countering terrorism, but on, making bureaucracy work.

Volume 2: Risk, Threats and the New Normal explains the new political and technological developments that created new domestic national security threats against the nation and the people of the United States. The book traces the development of and competition between national preparedness (focused on people and property), and civil defense / security (focused on the defense of systems and infrastructure) since the latter days of World War I. Extensive policy research demonstrates a shift in federal (and hence state and local) focus over the last decade from WMD based Threats at the National Security Level (TNSL) back to more traditional hazards and disasters. A framework is offered to analyze and evaluate TNSL dangers to national power; it is applied to a case study involving a nuclear attack.

Recommendations are offered to mitigate or prevent the potentially catastrophic aftermath. In Vol 3 this analysis will be extended to other TNSL events (chemical, biological, radiological, etc.) and the actors who must prepare for them.

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

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Alberto Cairo, "How Charts Lie: Getting Smarter about Visual Information" (Norton, 2019) Dec 03, 2019

Show notes

We’ve all heard that a picture is worth a thousand words, but what if we don’t understand what we’re looking at? Social media has made charts, infographics, and diagrams ubiquitous―and easier to share than ever. We associate charts with science and reason; the flashy visuals are both appealing and persuasive. Pie charts, maps, bar and line graphs, and scatter plots (to name a few) can better inform us, revealing patterns and trends hidden behind the numbers we encounter in our lives. In short, good charts make us smarter―if we know how to read them.

However, they can also lead us astray. Charts lie in a variety of ways―displaying incomplete or inaccurate data, suggesting misleading patterns, and concealing uncertainty―or are frequently misunderstood, such as the confusing cone of uncertainty maps shown on TV every hurricane season. To make matters worse, many of us are ill-equipped to interpret the visuals that politicians, journalists, advertisers, and even our employers present each day, enabling bad actors to easily manipulate them to promote their own agendas.

In How Charts Lie: Getting Smarter about Visual Information (W. W. Norton, 2019), data visualization expert Alberto Cairo teaches us to not only spot the lies in deceptive visuals, but also to take advantage of good ones to understand complex stories. Public conversations are increasingly propelled by numbers, and to make sense of them we must be able to decode and use visual information. By examining contemporary examples ranging from election-result infographics to global GDP maps and box-office record charts, How Charts Lie demystifies an essential new literacy, one that will make us better equipped to navigate our data-driven world.

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James Gordon Finlayson, "The Habermas-Rawls Debate" (Columbia UP, 2019) Nov 22, 2019

Show notes

Jürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work.

James Gordon Finlayson, reader in philosophy and director of the Centre for Social and Political Thought at the University of Sussex, examines and contextualizes The Habermas-Rawls Debate(Columbia University Press, 2019). He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter.

Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University.

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Elizabeth Bernstein, "Brokered Subjects: Sex, Trafficking and the Politics of Freedom" (U Chicago, 2018) Nov 21, 2019

Show notes

Jana Byars talks with Elizabeth Bernstein, Professor of Women’s, Gender, and Sexuality Studies at Barnard College about her newest book, Brokered Subjects: Sex, Trafficking and the Politics of Freedom (University of Chicago, 2018). This book provides an overview of feminist discourse on sex trafficking from its earliest incarnations, through its present form, noting the ongoing, and occasionally uneasy partnership between radical feminists and evangelical Christians. This lively discussion, the author explains the capitalist, neo-liberal, often religious groups spearheading the global anti-trafficking movement. We talk about “carceral feminism,” reality tourism, and the corporations who make money through the women they “save.” Bernstein’s book, in her own words, reveals, “the complex intertwining of gender and sexuality with state and metastate interests.”

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Michael Romano and Todd Curry, "Creating the Law: State Supreme Court Opinions and The Effect of Audiences" (Routledge, 2019) Nov 19, 2019

Show notes

In Creating the Law: State Supreme Court Opinions and The Effect of Audiences (Routledge, 2019), Michael Romano and Todd Curry examine whether judges tailor their language in order to avoid retribution during their retention elections. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry examine the connection between retention incentives and legal language choices. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to appeal to diverse audiences that may be paying attention.

Michael Romano is an assistant professor of political science at Shenandoah University; Todd Curry is an associate professor of political science at the University of Texas, El Paso.

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