New Books in Law

Latest Episodes:

Stephanie DeGooyer, "Before Borders: A Legal and Literary History of Naturalization" (Johns Hopkins UP, 2022) Jun 22, 2024

Show notes

How can the novel be a way to understand the development of nation-state borders? An important work in the intersections of law, literature, history, and migration, Stephanie DeGooyer's Before Borders: A Legal and Literary History of Naturalization(Johns Hopkins UP, 2022) offers fascinating insight into understanding naturalization. Tracing the idea of naturalization as it can be understood as a legal fiction and through literary fiction, DeGooyer offers a compelling approach to understanding naturalization as a generative mechanism for national expansion. Through a careful and engaging analysis that spans from Mary Shelley to court proceedings, De Gooyer's Before Borders is a compelling read that will be of great interest for those interested in histories of migration, creative approaches to studying the state, and ways to approach law through and alongside literature.

Stephanie DeGooyer is Assistant Professor and Frank Borden and Barbara Lasater Hanes Fellow in the Department of English & Comparative Literature at the University of North Carolina. Her research focuses on the intersections between law and literature.

Rine Vieth is an incoming FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion.

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Postscript: The Supreme Court’s Decisions on Bump Stocks and Mifepristone Jun 20, 2024

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In this episode of our occasional series, Postscript, we focus on the Supreme Court’s recently published decisions in two cases, about guns and abortion, but more about how the Executive and Judicial branches of government function in the United States. Constitutional Law scholar (and New Books in Political Science co-host) Susan Liebell takes us through Garland v. Cargill, which focused on the Trump Administration’s implementation of a prohibition against bump stocks for rifles following the deadly shooting in Las Vegas, Nevada in 2017. Liebell, a published expert on the Second Amendment and the long history of gun regulation in the United States, explains the thrust of the case, which is only tangentially connected to the Second Amendment, but calls into question the Bureau of Alcohol, Tobacco, and Firearm’s (ATF) expertise, particularly in context of the majority opinion’s decision that the ATF was not using its administrative power correctly. The majority opinion, written by Justice Clarence Thomas, may signal the Supreme Court’s inclinations towards Chevron deference, which is also before the Court this term in the case of Loper Bright Enterprises v. Raimondo.

Liebell, also an expert on abortion access, reproductive health regulation, and citizenship, explains the Court’s unanimous decision in Food and Drug Administration v. Alliance for Hippocratic Medicine. The opinion, written by Justice Brett Kavanaugh, focused solely on the question of standing, and whether the Alliance for Hippocratic Medicine actually qualified to bring the case since there was no clear injury that had been sustained in the suit they brought before the District Court in Amarillo, Texas. Thus, the drug Mifepristone, which was to be banned nationwide in the initial court ruling by U.S. District Judge Matthew Kacsmaryk, was not banned as a result of this lawsuit brought by the Food and Drug Administration. This case, not dissimilar from Garland v. Cargill, focuses on procedural questions more than it focuses on other issues. And the unanimous decision is about that legal procedure, not about the FDA, or the process to through which drugs are brought to market in the United States, or about the Alliance for Hippocratic Medicine’s indictment of the process for prescribing mifepristone. Our conversation threads through these cases, and others (like Dobbs v. Jackson Women’s Health Organization and District of Columbia v. Heller) that set the foundation for these cases to come forward.

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Aziz Rana, "The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them" (U Chicago Press, 2024) Jun 19, 2024

Show notes

In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home.

Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them(U Chicago Press, 2024) also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights that Rana reconstructs to forward an ambitious and comprehensive vision for moving past the constitutional bind.

Aziz Rana is a Professor and Provost’s Distinguished Fellow at Boston College Law School and the incoming J. Donald Monan, S.J., University Professor of Law and Government (beginning 2024).

Vatsal Naresh is a Lecturer in Social Studies at Harvard University. He is the editor of Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018).

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Rhodri Davies, "What Is Philanthropy For?" (Bristol UP, 2023) Jun 19, 2024

Show notes

In recent years, philanthropy, the use of private assets for the public good, has come under renewed scrutiny. Do elite philanthropists wield too much power? Is big-money philanthropy unaccountable and therefore anti-democratic? And what about so-called "tainted donations" and "dark money" funding pseudo-philanthropic political projects? The COVID-19 pandemic has amplified many of these criticisms, leading some to conclude that philanthropy needs to be fundamentally reshaped to play a positive role in our future.

In What is Philanthropy For?(Bristol University Press, 2023), Rhodri Davies examines why it's important to ask what philanthropy is for, as it has shaped our world for centuries. Considering the alternatives, including charity, justice, taxation, the state, democracy, and the market, he explores the pressing questions that philanthropy must tackle to be equal to the challenges of the 21st century.

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Qian Wei, "The Governance of Philanthropic Foundations in Authoritarian China" (Routledge, 2022) Jun 18, 2024

Show notes

Chinese philanthropic foundations navigate a uniquely challenging terrain shaped by authoritarian governance. The Governance of Philanthropic Foundations in Authoritarian China: A Power Perspective (Routledge, 2022) examines these complexities, delivering a novel multilevel analysis of the power dynamics that underpin the governance of nonprofit organizations within an authoritarian context.

Chinese philanthropic foundations, with their distinct democratic culture, grapple with a unique set of challenges. The government’s evolving methods of control often lead to stringent regulations that limit the foundations’ autonomy. Foundations that heavily rely on individual donations are particularly vulnerable to these pressures, potentially transforming into conduits of authoritarianism rather than champions of democratic values.

This book offers a comprehensive and, at times, bleak picture of the conditions under which Chinese foundations operate, offering critical insights into the future trajectory of the nonprofit sector in China.

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Alex V. Barnard, "Conservatorship: Inside California's System of Coercion and Care for Mental Illness" (Columbia UP, 2023) Jun 18, 2024

Show notes

Is involuntary psychiatric treatment the solution to the intertwined crises of untreated mental illness, homelessness, and addiction? In recent years, politicians and advocates have sought to expand the use of conservatorships, a legal tool used to force someone deemed “gravely disabled,” or unable to meet their needs for food, clothing, or shelter as a result of mental illness, to take medication and be placed in a locked facility. At the same time, civil liberties and disability rights groups have seized on cases like that of Britney Spears to argue that conservatorships are inherently abusive.

Conservatorship: Inside California's System of Coercion and Care for Mental Illness(Columbia UP, 2023) is an incisive and compelling portrait of the functioning—and failings—of California’s conservatorship system. Drawing on hundreds of interviews with professionals, policy makers, families, and conservatees, Alex V. Barnard takes readers to the streets where police encounter homeless people in crisis, the locked wards where people receiving treatment are confined, and the courtrooms where judges decide on conservatorship petitions. As he shows, California’s state government has abdicated authority over this system, leaving the question of who receives compassionate care and who faces coercion dependent on the financial incentives of for-profit facilities, the constraints of underresourced clinicians, and the desperate struggles of families to obtain treatment for their loved ones.

This book offers a timely warning: reforms to expand conservatorship will lead to more coercion but little transformative care until government assumes accountability for ensuring the health and dignity of its most vulnerable citizens.

Michael O. Johnston, Ph.D. is a Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His general area of study is in the areas of social construction of experience, identity, and place. He is currently conducting research for his next project that looks at nightlife and the emotional labor that is performed by employees of bars and nightclubs. To learn more about Michael O. Johnston you can go to his website, Google Scholar, Twitter @ProfessorJohnst, or by email at johnstonmo@wmpenn.edu.

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Julia Wojnowska-Radzińska, "Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union" (Brill Nijhoff, 2023) Jun 12, 2024

Show notes

InImplications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union (Brill Nijhoff, 2023) Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.

Caleb Zakarin is Editor at the New Books Network.

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Robert G. Boatright, "Reform and Retrenchment: A Century of Efforts to Fix Primary Elections" (Oxford UP, 2024) Jun 10, 2024

Show notes

Until 1900, most political parties in the United States chose their leaders – either in back rooms with a few party elites making decisions or in conventions. The direct primary, in which voters select party nominees for state and federal offices, was one of the most widely adopted political reforms of the early twentieth century Progressive movement.

Intuitively, the direct primary sounds democratic. Voters directly select the candidates. They have more of say over who will ultimately represent or govern them. But decades of scholarship suggests that direct primaries might not have changed the outcomes of party nominations. The conventional wisdom is that as the strength of the Progressive movement declined and voters paid attention to other issues. Party leaders were able to reassert control over candidate selection. In Reform and Retrenchment: A Century of Efforts to Fix Primary Elections (Oxford UP, 2024), Dr. Robert G. Boatright insists this narrative is incorrect and misleading for contemporary efforts to reform the primary election system in the U.S. because some of the early concerns about primaries are still with us today.

The book presents data from 1928-1970 explaining the type of reforms states implemented and their success or failure. Dr. Boatright argues that the introduction of the indirect primary created more chaos than scholars have previously documented. Political parties, factions, and reform groups manipulated primary election laws to gain advantage, often under the guise of enhancing democracy. How does this history impact contemporary plans for reform of the primary system? Many suggested reforms were tried – and failed – during the 20th century. Boatright concludes that despite the clear flaws in the direct primary system, little can be done to change the primary system. Reformers should instead focus on elections and governance. The end of the podcast features his suggestions.

During the podcast, Rob mentions Dr. Jack Santucci’s More Parties or No Parties: The Politics of Electoral Reform in America (Oxford 2022).

Dr. Robert G. Boatright is Professor of Political Science at Clark University in Worcester, MA and the Director of Research for the National Institute for Civil Discourse at the University of Arizona. His research focuses on the effects of campaign and election laws on the behavior of politicians and interest groups with a particular emphasis on primary elections and campaign finance laws. He is the author or editor of 9 books. Heath Brown and I have interviewed Rob previously on New Books in Political Science: Trumping Politics as Usual:Masculinity, Misogyny, and the 2016 Elections

(with co-author Valerie Sperling) and The Deregulatory Moment?: A Comparative Perspective on Changing Campaign Finance Laws.

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Sharrona Pearl, "Do I Know You?: From Face Blindness to Super Recognition" (Johns Hopkins UP, 2023) Jun 08, 2024

Show notes

In Do I Know You? From Faceblindness to Super Recognition (Johns Hopkins University Press, 2023), Dr. Sharrona Pearl explores the fascinating category of face recognition and the "the face recognition spectrum," which ranges from face blindness at one end to super recognition at the other. Super recognizers can recall faces from only the briefest exposure, while face blind people lack the capacity to recognize faces at all, including those of their closest loved ones. Informed by archival research, the latest neurological studies, and testimonials from people at both ends of the spectrum, Dr. Pearl tells a nuanced story of how we relate to each other through our faces.

The category of face recognition is relatively new despite the importance of faces in how we build relationships and understand our own humanity. Dr. Pearl shows how this most tacit of knowledge came to enter the scientific and diagnostic field despite difficulties with identifying it. She offers a grounded framework for how we evaluate others and draw conclusions about them, with significant implications for race, gender, class, and disability. Dr. Pearl explores the shifting ideas around the face-recognition spectrum, explaining the effects of these diagnoses on real people alongside implications for how facial recognition is studied and understood. Face blindness is framed as a disability, while super recognition is framed as a superpower with no meaningful disadvantages. This superhero rhetoric is tied to the use of super recognizers in criminal detection, prosecution, and other forms of state surveillance. Do I Know You? demonstrates a humanistic approach to the study of the brain, one that offers an entirely new method for examining this fundamental aspect of human interaction.

This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Michele Goodwin, "Policing the Womb: Invisible Women and the Criminalization of Motherhood" (Cambridge UP, 2020) Jun 08, 2024

Show notes

Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some states, women being coerced by the State into sterilization, in exchange for reduced sentences. She contextualises the modern day situation in America’s history of slavery and oppression, and also in relation to its place in the world. Goodwin shows how prosecutors abuse laws, and medical professionals are complicit in a system that disproportionally impacts the poor and women of color. However, Goodwin warns that these women are just the canaries in the coalmine. Not only is the United States the deadliest country in the developed world for pregnant women, but the severe lack of protections for reproductive rights and motherhood is compounding racial and indigent disparities.

Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics.

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