New Books in Law

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Deepa Das Acevedo, "The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India" (Oxford UP, 2024) Oct 03, 2024

Show notes

The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India(Oxford UP, 2024) tells the story of one of contemporary India’s most contentious disputes: a long-running struggle over women’s access to the Hindu temple at Sabarimala. In 2018, the Indian Supreme Court ruled that the temple, which had traditionally been forbidden to women aged ten to fifty because their presence offended the presiding deity, was required to open its doors to all Hindus. The decision in Indian Younger Lawyers Association rocked the nation: protests were launched around India and throughout the diaspora, a record-setting human chain called the ‘Women’s Wall’ was coordinated, and dozens of petitions were filed asking the Supreme Court to review, and potentially reverse, its landmark opinion.

Perhaps most significantly, IYLA led the Court to openly reconsider the Essential Practices Doctrine that has been a mainstay of Indian religious freedom jurisprudence since 1954. In this first monograph-length study of the dispute, legal anthropologist Deepa Das Acevedo draws on ethnographic fieldwork, legal analysis, and media archives to tell a multifaceted narrative about the ‘ban on women’. Reaching as far back as the eighteenth century, when the relationship between temple deities and the government was transformed by an ambitious precolonial ruler, and coming up to the litigation delays caused by the coronavirus pandemic, Das Acevedo reveals the complexities of the dispute and the constitutional framework that defines it. That framework, Das Acevedo argues, reflects two distinct conceptions of religion-state relations, both of which have emerged at various stages in the—still unresolved—battle for Sabarimala.

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Samuel Ely Bagg, "The Dispersion of Power: A Critical Realist Theory of Democracy" (Oxford UP, 2023) Oct 01, 2024

Show notes

We commonly think of democracy as a social order governed by the people’s collective will. Given the size of the modern states, this picture is typically adjusted to say that democracy is a system of representative government, where elected officials are tasked with governing in ways that reflect the collective will of their constituents.

Although it is familiar, this way of depicting democracy invites difficulties. The concept of a collective will is notoriously difficult to nail down. And, moreover, the idea that modern elections reveal or express such a will remains dubious. Accordingly, a good deal of democratic theory aims to fill in the missing details regarding the collective will and its representation.

In The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford University Press 2024), Samuel Bagg takes a different tack by proposing a vision of democracy where the central aim is to protect public power from capture.

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Caterina Fugazzola, "Words Like Water: Queer Mobilization and Social Change in China" (Temple UP, 2023) Sep 26, 2024

Show notes

After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi, an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under Xi Jinping’s authoritarian rule.

Words Like Water: Queer Mobilization and Social Change in China(Temple UP, 2023) explores the nonconfrontational strategies the tongzhi movement uses in contemporary China. Caterina Fugazzola analyzes tongzhi organizers’ conceptualizations of, and approaches to, social change, explaining how they avoid the backlash that meets Western tactics, such as protests, confrontation, and language about individual freedoms. In contrast, the groups’ intentional use of community and family-oriented narratives, discourses, and understandings of sexual identity are more effective, especially in situations where direct political engagement is not possible.

Providing on-the-ground stories that examine the social, cultural, and political constraints and opportunities, Words like Water emphasizes the value of discursive flexibility that allows activists to adapt to changing social and political conditions.

Caterina Fugazzola is Assistant Senior Instructional Professor of Global Studies at the University of Chicago.

Qing Shen is a PhD candidate in anthropology at Uppsala University, Sweden.

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Ethical Machines: A Conversation with Reid Blackman Sep 25, 2024

Show notes

Join us as we discuss Dr. Reid Blackman’s new book: Ethical Machines: Your Concise Guide to Totally Unbiased, Transparent, and Respectful AI (Harvard Business Review Press, 2022). We dive into the intricacies of developing AI and the intersection of ethics and innovation.

Reid Blackman, Ph.D., is the author of Ethical Machines, creator and host of the podcast “Ethical Machines,” and Founder and CEO of Virtue, a digital ethical risk consultancy. He is also an advisor to the Canadian government on their federal AI regulations, was a founding member of EY’s AI Advisory Board, and a Senior Advisor to the Deloitte AI Institute. His work, which includes advising and speaking to organizations including AWS, US Bank, the FBI, NASA, and the World Economic Forum, has been profiled by The Wall Street Journal, the BBC, and Forbes. His written work appears in The Harvard Business Review and The New York Times. Prior to founding Virtue, Reid was a professor of philosophy at Colgate University and UNC-Chapel Hill. Learn

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions

Contributions to and/or sponsorship of guest does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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David M. Driesen, "The Specter of Dictatorship: Judicial Enabling of Presidential Power" (Stanford UP, 2021) Sep 23, 2024

Show notes

At the end of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked whether we have a republic or a monarchy. He replied “A Republic…if you can keep it.” In The Specter of Dictatorship: Judicial Enabling of Presidential Power (Stanford UP, 2021), David M. Driesen argues that Donald Trump's presidency challenged Americans to consider whether the Madisonian system of checks and balances could robustly respond to a president claiming extensive executive power and disregarding traditional processes such as the peaceful transition of power. Driesen notes that Benjamin Franklin and many men in the “founding” generation observed tyrannical government in Europe – and they explicitly included safeguards in the U.S. Constitution to prevent extensive executive power in the United States.

In this tradition, Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey. He argues that an insufficiently constrained presidency is one of the most important systemic threats to constitutional democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Specifically, he sees the United States Supreme Court as enabling the expansion of executive power. Specter of Dictatorship highlights how the Supreme Court’s reliance on and expansion of the legal approach called unitary executive theory threatens the separation of powers in the U.S. Driesen recommends a less deferential approach in which the judiciary checks the executive. The Supreme Court has been acting a if policing presidential power is the threat to democracy – but the real danger for constitutional democracy lies in expansion of executive power. For Driesen, judges and justices should give substantial weight to concerns about democratic erosion. Because autocracy is spreading abroad and presidential power is expanding in the US, Benjamin Franklin’s concern about maintaining democracy is relevant in 2024.

Professor Driesen is the thirteenth University Professor at Syracuse University where he teaches constitutional and environmental law. He is a graduate of the Yale Law School and has published several books and numerous articles with leading academic publishers and law reviews.

From the podcast:

David’s piece on major questions doctrine
David’s editorial on the POTUS debate, Victor Orban, and Haitian Immigrants

Correction from Susan – the two dissenters in Roe v. Wade were appointed by John F. Kennedy and Richard Nixon. The justices voting in favor of reproductive rights were 5 men appointed by Republican presidents (Dwight Eisenhower and Richard Nixon) and 2 men appointed by Democratic presidents (Franklin Roosevelt and Lyndon Johnson).

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Gergely Gosztonyi, "Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices" (Springer, 2023) Sep 22, 2024

Show notes

In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression.

For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-totalimmunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way.

In Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices(Springer, 2023), particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all.

This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years.

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Robert Polner and Michael Tubridy, "An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O'Dwyer" (Cornell UP, 2024) Sep 22, 2024

Show notes

In the city of New York from the 1930s to the 1990s, Irish attorney Paul O’Dwyer was a fierce and enduring presence in courtrooms, on picket lines, and in contests for elected office. He was forever the advocate of the downtrodden and marginalized, fighting not only for Irish Catholics in Northern Ireland but for workers, radicals, Jews, and African Americans and against the Vietnam War.

With his shock of white hair and bushy eyebrows, O’Dwyer was widely recognized in politics and in the media. His work as a reform Democrat transformed the Democratic Party and his advocacy for peace and justice in Northern Ireland bore fruit in the Good Friday Agreement of 1998 that ended decades of conflict.

Until now, however, there has been no biography of this happy warrior for social justice. Fortunately, that problem has been remedied with a new book by Robert Polner and Michael Tubridy, An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O’Dwyer (Cornell UP, 2024).

Host Robert W. Snyder is Manhattan Borough Historian and professor emeritus of journalism, and American Studies at Rutgers University. His latest book, When the City Stopped: Stories from New York’s Essential Workers, is due out in March 2025 from Cornell University Press. Email: rwsnyder@rutgers.edu

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Aideen O’Shaughnessy, "Embodying Irish Abortion Reform: Bodies, Emotions, and Feminist Activism" (Bristol UP, 2024) Sep 21, 2024

Show notes

Dr. Aideen O'Shaughnessy is a Senior Lecturer in Sociology at the University of Lincoln. She has a PhD in Sociology from the University of Cambridge, an MA in Gender Studies Research from Utrecht University and a BA in Sociology and French at Trinity College Dublin. Her research focuses on gender, health, and social movements and she is particularly interested in the study of reproductive health, rights, and justice. She has published widely in journals including Body and Society, the European Journal of Women's Studies, and the BMJ Sexual and Reproductive Health.

Embodying Irish Abortion Reform: Bodies, Emotions, and Feminist Activism(Bristol UP, 2024) explores the lived, embodied and affective experiences of reproductive rights activists living under, and mobilizing against, Ireland’s constitutional abortion ban.

Through qualitative research and in-depth interviews with activists, the author exposes the subtle influence of the 8th Amendment on Irish women and their (reproductive) bodies, whether or not they have ever attempted to access a clandestine abortion.

It explains how the everyday embodied practices, bodily labours and affective experiences of women and gestating people were shaped by the 8th amendment and through the need to ‘prepare’ for crisis pregnancies. In addition, it reveals the integral role of women’s bodies and emotions in changing the political and social landscape in Ireland, through the historical transformation of the country’s abortion laws.

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Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney Sep 18, 2024

Show notes

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy.

Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance.

Show Notes:

A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Kevin J. McMahon, "A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People" (U Chicago Press, 2024) Sep 16, 2024

Show notes

Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. Historically, the Supreme Court has always had some “democracy gap” – democratically elected presidents appoint justices that serve for life. As presidents select justices, they attempt to move the Supreme Court in their desired ideological direction while “simultaneously advancing their electoral interests and managing their governing coalition.” Despite these forces, Dr. McMahon argues that past Supreme Courts were still closer to democratic principles. Today’s court is exceptional because the “democracy gap” is severe.

A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (U Chicago Press, 2024) draws on historical and contemporary data to reveal how the long arc of court battles (from FDR to Donald Trump) created this democracy gap. McMahon highlights changes to the politics of nominating and confirming justices, the changes in who is even considered to be in the pool to be a Supreme Court justice, and the increased salience of the Court in elections.

Dr. Kevin J. McMahon (he/him) is the John R. Reitemeyer [RightMeyer]Professor of Political Science at Trinity College, and the author of two award-winning books, Reconsidering Roosevelt on Race and Nixon’s Court, both published by The University of Chicago Press. Together with A Supreme Court Unlike Any Other, the three books form a trilogy that interrogates whether 100 years of presidential efforts to shape the high court affect the supreme court’s democratic legitimacy.

Dr. McMahon also writes public facing essays in outlets such as US News & World Report and The Conversation. For example, The Presidential Immunity Case & American Democracy, President Biden & the Courage it Takes to Call it Quits, Conservative Justices Polarized on the State of American Politics, and Calls for a Supreme Court Justice to Retire.

Susan mentioned a stark New York Times graphic of how 6 senators (CA, NY, TX) represent the same number of voters as 62 senators. 2022 data (but less dramatically presented) is here.

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