New Books in Law

Latest Episodes:

Mere Natural Law: A Conversation with Hadley Arkes Jul 18, 2023

Show notes

What is natural law, and what does it have to do with originalism? Why does the Right defend religion yet so often struggle to define it? Next up in our "Summer of Law" series, Hadley Arkes, the Edward Ney Professor Emeritus of Jurisprudence Emeritus at Amherst College and the Founder and Director of the James Wilson Institute sits down to chat about his recent book, Mere Natural Law: Originalism and the Anchoring Truths of the Constitution(Regnery Publishing, 2023).

More on Prof. Arkes is available here.
About the The James Wilson Institute, here.
The Stanford Review's "religion," referenced during the podcast is here.

Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. She graduated from Stanford University in 2021, where she studied Classics and Linguistics. She was also Editor-in-Chief of the Stanford Review and a member of the varsity fencing team. Previously, she was a Research Assistant in Education Policy at the American Enterprise Institute.

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Stephen Bright and James Kwak, "The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts" (The New Press, 2023) Jul 15, 2023

Show notes

Glenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him.

Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death.

In The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts (The New Press, 2023), legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice.

With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.

Omari Averette-Phillips is a History Educator and an Independent Scholar based in Southern California. He can be reached at omariaverette@gmail.com.

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Samuel Issacharoff, "Democracy Unmoored: Populism and the Corruption of Popular Sovereignty" (Oxford UP, 2023) Jul 15, 2023

Show notes

The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance.

Democracy requires two critical features: first, a commitment to repeat play such that political actors understand that what goes around comes around; and, second, institutional constraints so that the majority can prevail, albeit not by too much. Democracies must avoid the doomsday scenario in which the contending parties see the next election as the final choice between salvation and perdition. Issacharoff shows how populist governance undermines each of these two critical underpinnings of stable democracy, first by compressing the time horizon to the immediate, and second by eroding institutional constraints on strongman rule. At the same time, Issacharoff highlights the fact that ascendent populists were pushing in an open door as they found democracies in states of disrepair in the post-2008 world. Electorates around the world had come to see institutional democratic party systems as cabals of elites working against "the people," which anti-institutionalist populists took advantage of in country after country. Global in coverage and featuring a powerful explanation of the true threat populism represents to democracy, this book will be essential reading for anyone who cares about the survival of democratic institutions.

Samuel Issacharoff is the Reiss Professor of Constitutional Law at New York University School of Law. He is a leading figure in the study of democracy, constitutions, and the courts, and the author of Fragile Democracies: Contested Power in the Era of Constitutional Courts. He is a leading figure in the law of democracy in the U.S. and has written scores of articles on democratic challenges around the world. He served as a senior legal advisor to the presidential campaigns of Barack Obama and is long experienced as an appellate advocate in American courts. He is a member of the American Academy of Arts and Sciences.

Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel.

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Nikki M. Taylor, "Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance" (Cambridge UP, 2023) Jul 15, 2023

Show notes

From the colonial through the antebellum era, enslaved women in the US used lethal force as the ultimate form of resistance. By amplifying their voices and experiences, Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance (Cambridge UP, 2023) strongly challenges assumptions that enslaved women only participated in covert, non-violent forms of resistance, when in fact they consistently seized justice for themselves and organized toward revolt.

Nikki M. Taylor expertly reveals how women killed for deeply personal instances of injustice committed by their owners. The stories presented, which span centuries and legal contexts, demonstrate that these acts of lethal force were carefully pre-meditated. Enslaved women planned how and when their enslavers would die, what weapons and accomplices were necessary, and how to evade capture in the aftermath. Original and compelling, Brooding Over Bloody Revenge presents a window into the lives and philosophies of enslaved women who had their own ideas about justice and how to achieve it.

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Nour Halabi, "Radical Hospitality: American Policy, Media, and Immigration" (Rutgers UP, 2022) Jul 13, 2023

Show notes

How should we understand contemporary migration policy? In Radical Hospitality: American Policy, Media, and Immigration(Rutgers UP, 2022),Nour Halabi, an Interdisciplinary Fellow at the University of Aberdeen, explores this question by blending history, media studies, and a range of critical theory to introduce the idea of radical hospitality. Using detailed historical and contemporary case studies- from the 1880s and the Chinese Exclusion Act, through the 1920s and the National Origins Act, up to the 2000s and the Muslim travel ban- the book offers both a rethink of the history of immigration as well as a radical call for a new approach. Rich in detail and broad in scope, the book is essential reading for anyone wishing to see a better world for migrants everywhere.

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Hassan S. Khalilieh, "Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought" (Cambridge UP, 2019) Jul 12, 2023

Show notes

The doctrine of the modern law of the sea is commonly believed to have developed in Renaissance Europe. The role of Islamic law of the sea and customary practices is often ignored though. In Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought(Cambridge UP, 2019), Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not necessarily European creations. Beginning with the commonality of the sea in the Qur'an and legal methods employed to ensure the safety, security, and freedom of movement of Muslims and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.

Hassan S. Khalilieh is a senior lecturer in the Maritime Civilizations and Multidisciplinary Studies departments and a senior research fellow in the Leon Recanati Institute for Maritime Studies, Leon H. Charney School of Marine Sciences at the University of Haifa, Israel. His publications include Islamic Maritime Law: An Introduction (1998) and Admiralty and Maritime Laws in the Mediterranean Sea (ca.800-1050): The Kitāb Akriyat al-Sufun and the Nomos Rhodion Nautikos (2006).

Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University, Near Eastern Studies Department. His research focuses on the intersection of law, the occult sciences, and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome.

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J. Logan Smilges, "Crip Negativity" (U of Minnesota Press, 2023) Jul 12, 2023

Show notes

In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity(U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it.

Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible.

J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022).

Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast.

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Jacqueline Kinghan, "Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives" (Bloomsbury, 2021) Jul 11, 2023

Show notes

Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK.

Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools they use to achieve social change, as well as ethical tensions presented by their work.

The book takes a reflexive ethnographic approach to capture the stories of 35 lawyers working to positively transform law and policy in the UK over the last 50 years. It also draws on a wealth of primary sources including case reports, historic campaign materials and media analysis alongside wider ethnographic interviews with academics, students and lawyers and participant observation at social justice conferences, workshops and events.

The book explains the way in which lawyers' networks facilitate their collective positioning and influence their strategic decision making, which in turn shapes their interactions with social activists, with other lawyers and with the state itself.

Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. Twitter: @batesmith. His latest publication, a chapter in the collection Leading Works on the Legal Profession (edited by Dan Newman, published by Routledge in July 2023) is entitled “Lawyers Who Want to Make the World a Better Place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering."

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Morgan L. W. Hazelton and Rachael K. Hinkle, "Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making" (UP Kansas, 2022) Jul 10, 2023

Show notes

Each June in the United States, scholars, journalists, law makers, law enforcers, lawyers, and members of the public wait for the announcement of major decisions from the Supreme Court. Justices often read a summary of their decision from the bench dressed in their robes. Paper copies are available in a special office – and more recently on the Supreme Court website. This year, the Supreme Court opinions have shaped policy on affirmative action, public accommodation for LGBTQ+ people, voting rights, student loans, and the power of states to control election procedure. Before these cases are decided, the parties, outside individuals, and interest groups invest an estimated $25 to $50 million dollars a year to produce roughly one thousand amicus briefs. These briefs strategically provide information to the justices to convince them to vote in a particular way. How are these briefs produced? Who pays for their research and writing? What impact do they have on the ultimate decisions of the Supreme Court?

In Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making(UP of Kansas, 2022), Drs. Hazelton and Hinkle draw on political science research on the effects of information on policy making, their original dataset of more than 25,000 party and amicus briefs ﬁled between 1984 and 2015, their interviews with former Supreme Court clerks and attorneys, and the text of the related court opinions to argue that the briefs matter – and they matter more when parties hire experienced attorneys known to the justices to craft excellent information-rich briefs. Hazelton and Hinkle interrogate both the causes and the consequences of providing that information to the justices. They demonstrate how that information operates differently in terms of influencing who wins and what policy is announced.

Dr. Rachael K. Hinkle, J.D. and Ph.D., is an associate professor in the Department of Political Science at the University at Buffalo. Her research agenda focuses on judicial politics with particular attention to gleaning insights into legal development from the content of judicial opinions through the use of computational text analytic techniques.

Dr. Morgan L.W. Hazelton, J.D. and Ph.D., is an associate professor in the Department of Political Science and School of Law (by courtesy) at Saint Louis University. She studies how features of court systems influence the decisions that both litigants and judges make.

In the podcast, Drs. Hazelton and Hinkle mention their piece in their Monkey Cage on predicting the outcome in the 2023 Voting Rights Case and their new collaboration with Dr. Michael J. Nelson, The Elevator Effect. Their data set is available to the public and can be found on either of their websites (linked above).

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Tina Shrestha, "Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York" (U Washington Press, 2023) Jul 09, 2023

Show notes

Over the past several decades, the vibrant, multiethnic borough of Queens has seen growth in the community of Nepali migrants, many of whom are navigating the challenging bureaucratic process of asylum legalization. Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York (U Washington Press, 2023) follows them through the institutional spaces of asylum offices, law firms, and human rights agencies to document the labor of seeking asylum.

As an interpreter and a volunteer at a grassroots community center, anthropologist Tina Shrestha has witnessed how migrants must perform a particular kind of suffering that is legible to immigration judges and asylum officers. She demonstrates the lived contradictions asylum seekers face while producing their "suffering testimonials" and traces their attempts to overcome these contradictions through the Nepali notions of kaagaz banaune (making paper) and dukkha (suffering). Surviving the Sanctuary City asks what everyday survival among migrants and asylum seekers can tell us about the cultural logic of suffering within the confines of US borders. Through rich ethnographic detail and careful nuanced narratives, it puts the lives and perspectives of the Nepali migrant community at the center of the story. In so doing, Shrestha offers a fundamental rethinking of asylum seeking as a form of precarious labor and immigration enforcement in a rapidly changing US society.

Tina Shrestha is a researcher at the Waseda Institute for Advanced Study, Waseda University.

Reighan Gillam is an Associate Professor in the Department of Latin American, Latino, and Caribbean Studies at Dartmouth College. Her research examines the ways in which Afro-Brazilian media producers foment anti-racist visual politics through their image creations. She is the author of Visualizing Black Lives: Ownership and Control in Afro-Brazilian Media (University of Illinois Press).

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