New Books in Law

Francis Buckley, who is Foundation Professor at the Antonin Scalia Law School, George Mason University, has written a fast-moving and provocative new book about the opportunities and possibilities of a second American secession. The publication of this book couldn't be more timely, as the conclusion of an election cycle highlights both the diversity and the tribalisation of American voters. What holds the nation together? To what extent is the Constitution the source of the nation's historic and current difficulties? If small is beautiful, and smaller nations tend to be happier, why shouldn't a state like California secede and put its savings from national defence into a scheme for national health? Tune in to hear how Professor Buckley explores these and other ideas in his new book, American Secession: The Looming Threat of a National Break-Up (Encounter Books, 2020)Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of Survival and Resistance in evangelical America: Christian Reconstruction in the Pacific Northwest (Oxford UP, 2021).  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Some of America’s most pressing civil rights issues—desegregation, equal educational and employment opportunities, housing discrimination, and free speech—have been closely intertwined with higher education institutions. Although it is commonly known that college students and other activists, as well as politicians, actively participated in the fight for and against civil rights in the middle decades of the twentieth century, historical accounts have not adequately focused on the roles that the nation’s college presidents played in the debates concerning racism. Based on archival research conducted at a range of colleges and universities across the United States, The Campus Color Line: College Presidents and the Struggle for Black Freedom (Princeton UP, 2020) sheds light on the important place of college presidents in the struggle for racial parity.Focusing on the period between 1948 and 1968, Eddie Cole shows how college presidents, during a time of violence and unrest, strategically, yet often silently, initiated and shaped racial policies and practices inside and outside of the educational sphere. With courage and hope, as well as malice and cruelty, college presidents positioned themselves—sometimes precariously—amid conflicting interests and demands. Black college presidents challenged racist policies as their students demonstrated in the streets against segregation, while presidents of major universities lobbied for urban renewal programs that displaced Black communities near campus. Some presidents amended campus speech practices to accommodate white supremacist speakers, even as other academic leaders developed the nation’s first affirmative action programs in higher education.The Campus Color Line examines how the legacy of academic leaders’ actions continues to influence the unfinished struggle for Black freedom and racial equity in education and beyond.Eddie Cole is Associate Professor of Higher Education and Organizational Change at UCLA.Matthew Johnson is Associate Professor of History at Texas Tech University and author of Undermining Racial Justice: How One University Embraced Inclusion and Inequality. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Camps: Vietnamese Refugees, Asylum Seekers and Repatriates (University of California Press, 2020) is an in-depth study of the fate of the nearly 800,000 Vietnamese refugees who left their country by boat, and sought refugee in Southeast Asia and the Pacific. The experiences of these populations and the subsequent policies remain relevant today; Who is a refugee? Who determines their status? And how does it change over time?Jana K. Lipman takes the reader to visit camps in Guam, Malaysia, the Phillipines and Hong Kong, drawing out the politics, policies and how these impacted refugees rights to remain, be resettled or repatriated. She draws out the tensions between the UN High Commissioner for Refugees and the US government, drawing into focus the direct impact this had on the day-to-day lives of those stuck in camps.Her research is the first major work to pay close attention to first-landing host sites, with particular emphasis on Vietnamese activism in the camps and as part of the diaspora. The work will unsettle conventionally accepted accounts of Southeast Asian migration to the US. It reveals how first asylum seeker sites caused UNHCR to reshape international refugee policy. It is a gripping read; historical and also somewhat anthropological, it raises concerns of humanitarianism, human rights and Asian American studies to confront the legal and moral dilemmas, and the obligations that continue to face the US and all host countries of refugees and asylum seekers. It causes the reader to recall the humanity of those seeking asylum, and question current government policies. Though the plight of the Vietnamese refugees is specific, the human need for certainty and safety are universal. This is essential reading in relation to any refugee policy, and human rights and humanitarianism more broadly.Jana K. Lipman is an Associate Professor of History at Tulane University. She is a scholar of U.S. foreign relations, U.S. immigration, and labor history. Her first book was Guantánamo: A Working-Class History between Empire and Revolution. 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.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do we promote peace in the streets? In his new book Bleeding Out: The Devastating Consequences of Urban Violence--and a Bold New Plan for Peace in the Streets (Basic Books, 2019), Thomas Abt explains.Abt teaches, studies, and writes about the use of evidence-informed approaches to reduce urban violence. Abt is a Senior Fellow with the Council on Criminal Justice in Washington, D.C. Prior to the Council, he served as a Senior Fellow at the Hard Kennedy and Law Schools. Before that, he held leadership positions in the New York Governor’s Office and the U.S. Department of Justice. Abt’s work has been featured in major media outlets, including the Atlantic, the Economist, Foreign Affairs, the New Yorker, the New York Times, the Wall Street Journal, CNN, MSNBC, PBS, and National Public Radio. This episode covers an array of topics, from the estimated $10 million cost to society per homicide; to strategies involving people, places, and things (related to behavior-based strategies) that can most effectively combat urban violence.Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

John Yoo, the Emanual S. Heller Professor of Law at the University of California Berkeley School of Law, has written what he terms a surprising defense of the actions of Donald Trump as president. In his new book Defender in Chief: Donald Trump’s Fight for Presidential Power (All Points Book, 2020), Yoo, who did not support Trump in 2016, argues that Trump has performed in a manner that the Constitution’s Framers would applaud. Trump has defended the constitutional functions of the Executive from congressional interference or encroachment, including in his use of the appointment power to the federal judiciary and his role as commander-in-chief of the military. He also defends President Trump’s actions regarding the statutory powers used to designate and fund a wall along the U.S. southern border, the administration’s efforts to reverse Obama’s immigration orders, popularly known as DACA and DAPA, and Trump’s exercising of the removal power for Executive branch officials. However, this work is more than a defense of Trump; it is a historical inquiry into the powers of the Executive as intended by the Founders and how that power has been used and threatened by other branches over the course of American history.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is “unborn human life” and what kind of court cases, not only in the US but abroad, illuminate the matter from the standpoint of the many fields in which the term is employed: law, bioethics, and philosophy among others?These questions are addressed by a distinguished group of scholars in the 2019 book, Unborn Human Life and Fundamental Rights: Leading Constitutional Cases Under Scrutiny (Peter Lang, 2019)In this fascinating collection of case studies from countries such as Argentina, Canada, Chile, Costa Rica, Italy, Poland and Spain as well as the United States we learn that abortion is not always the catalyst for landmark constitutional cases in many lands. So are such concerns as the moral questions raised by in vitro fertilization and the morning-after pill.Not only does the book provide a look into the workings and worldviews of various constitutional courts and legal systems in many countries, it also shows how activists on both sides of the issue of unborn human life (and there are those who take issue with the term itself) draw on or oppose rulings and/or proclamations over the past decades of such international legal bodies as the Inter-American Court of Human Rights, and the European Court on Human Rights to make their cases. Anyone interested in real-world, high-profile applications of international law generally and human rights laws specifically should read this book.Those interested in the many legal and philosophical arguments about when life begins and who is deemed worthy of the dignity of life and endowed with rights should read this book. Anyone interested in reproductive health law globally should, too.The book includes a powerful concluding essay by a giant of natural law thinking, John Finnis, that addresses the many moral and jurisprudential issues discussed by the contributors to this important book.In this interview, one of the editors of the book, William L. Saunders, will discuss how this panoply of judges and legislators wrestled with thorny issues that ranged from embryology and the latest in reproductive technology and the ethical and practical issues surrounding it (such as what is to be done with the surplus embryos now in a cruel limbo in labs the world over) to what Finnis refers to as “fundamental civility and humanity.”Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale UP, 2020), Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old‑fashioned and new‑fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans.Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined. This is an indispensable analysis, from the nation’s leading election-law expert, of the key threats to the 2020 American presidential election.Professor Hasen’s election law blog can be found here.Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her at arya.hariharan@gmail.com or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The tail end of the twentieth century was a good time for constitutional lawyers. Leapfrogging around the globe, they offered advice on how to amend, write or rewrite one state constitution after the next following the collapse of the Soviet Union and with it, the communist bloc. Largely overlooked in the flurry of constitution drafting in this period, officials in Myanmar worked away on a new constitution without any experts from abroad—or, for that matter, many of those at home. Soldiers watched over them, dictating terms for what became the 2008 Constitution of Myanmar: the document that lays the parameters for formal political contestation and representation there today. As the country gets set to go to the polls in November 2020, in this episode of New Books in Southeast Asian Studies, Melissa Crouch discusses her The Constitution of Myanmar: A Contextual Analysis (Hart, 2019; shortlisted for the book award of the Australian Legal Research Awards), and with it, the constitutional drafting process, its output, and its implications for politics in Myanmar now and in the foreseeable futureLike this interview? If so you might also be interested in: Roman David & Ian Holliday, Liberalism and Democracy in Myanmar Benjamin Schonthal, Buddhism, Politics and the Limits of Law Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, Siobhan talks with Charles L. Zelden about the new expanded edition of his book, Bush v. Gore: Exposing the Growing Crisis in American Democracy (University Press of Kansas, 2020). Zelden is a professor in the Department of History and Political Science at Nova Southeastern University's Halmos College of Arts and Sciences, where he teaches courses in history, government and legal studies.Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore.Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject.In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings, and, provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.Siobhan M. M. Barco, J.D. explores legal history at Princeton University  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On July 1, 2020, China introduced a National Security Law into Hong Kong partly in an attempt to quell months of civil unrest, as a mechanism to safeguard China’s security. In this new book, China’s National Security: Endangering Hong Kong’s Rule of Law? (Hart, 2020), Cora Chan and Fiona de Londras bring together a host of internationally renowned authors who question whether a national security law will challenge Hong Kong’s rule of law, and the liberal ideals safeguarded in its legal system, which have become a mark of national identity and pride for many Hong Kongers.The book examines the question in three parts. Firstly, it considers whether national security poses a threat to Hong Kong’s rule of law, in particular, under the unique ‘One Country, Two Systems’ model. In the second part of the book, there is an examination of the sources of resilience in Hong Kong’s politico-legal culture, which may provide resistance to the erosion of the rule of law. In particular, authors examine administrative law, the judiciary, the legislature, and civil society. In the final section of the book, authors examine the limits and scope of national security legislation in Hong Kong, and consider how it should be interpreted in line with Hong Kong’s common law traditions.To understand the current political unrest in Hong Kong, this book is a must read. It is also essential for understanding China’s security concerns, and what this means for the rest of the world.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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law