New Books in Law

For more than a century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British Empire. Set against the tumult of the postwar period, Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942-1962 (Stanford UP, 2023) centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires.Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Kalyani Ramnath is an Assistant Professor of History at the University of Georgia, with research and teaching interests in legal history, histories of migration and displacement, transnational history, and questions of archival method.Kelvin Ng is a PhD candidate at the Department of History at Yale University. His research work brings together the social history of migration and the intellectual history of internationalism in four linked Indian Ocean spaces: British India, Republican China, British Malaya, and the Dutch East Indies. His dissertation examines three intertwined strands of anti-imperial thought—communist internationalism, pan-Islamism, and anti-caste radicalism—in relation to an oceanic political economy of unfree labor and uneven development.Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Self-Declaration in the Legal Recognition of Gender (Routledge, 2023) is a socio-legal study that offers a critique of what it means to self-declare with regard to legal gender. Based on empirical research conducted in Denmark, the book engages in some of the most controversial issues surrounding trans and gender diverse rights. The theoretical analysis draws upon legal consciousness, affect theory, vulnerability and governmentality, to cross jurisdictional boundaries between law and medicine. The book reflects on the limits of progress that legislative reform may make, and the way that increased regulation can actually limit access to rights protections. Broadly transferrable beyond its specific field, this book will be useful to socio-legal scholars, feminist scholars, trans scholars, policy makers and practitioners.Dr Chris Dietz is a Lecturer at the Centre for Law & Social Justice at The University of Leeds. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Disability, Care and Family Law (Routledge 2021) examines the issues at the intersection of disability, care and family law. Professors Beverley Clough and Jonathan Herring challenge dominant narratives in family law, which disadvantage people with disabilities. The book enables the questioning of structural norms in policy and society which situates disability as private familial concern. It calls to the forefront marginalised voices to unveil complexities in seemingly neutral laws when applied to people with disabilities. The book engages with highly topical issues - for example, mothering a child who is in prison and is disabled, children who care for their disabled parents, deprivations of liberty of children with disabilities, and more. By bringing these complex issues together, the book moves beyond the dyad between care and disability relations in the context of family law. This is an important book for disability lawyers, family lawyers and scholars of vulnerability, care theory and relational theory. It will have significant implications for policy makers and practitioners. Professor Beverley Clough is a Professor of Law and Social Justice at Manchester Metropolitan University. She is also the author of The Spaces of Mental Capacity Law: Moving Beyond Binaries.Professor Jonathan Herring is the DM Wolfe-Clarendon Fellow in Law, Exeter College, University of Oxford. He is the author of several monographs, including The Right To Be Protected From Committing Suicide.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Two blockbuster cases came down in June of 2022. The Dobbs decision overturned Roe v. Wade and New York State Rifle & Pistol Association v. Bruen substantially expanded Second Amendment rights and limited the power of states to regulate concealed carry of firearms. Bruen affected thousands of Americans who have had their laws overturned and radically changed the method by which federal judges evaluate firearms law. Two remarkable scholars of the Second Amendment and firearms law explain how law makers, law enforcers, and federal courts have responded. They discuss differences among the conservative justices that produced this fragile holding, the growing dependence on history but disdain for historians, how the Bruen approach hurts laws involving domestic violence or controlled substances, the problem of overreading historical silences, and the ways violence may be addressed through community violence intervention, free markets, etc. – in ways SCOTUS cannot control.Jacob Charles is an Associate Professor of Law, Pepperdine Caruso School of Law – a constitutional law scholar focusing on the Second Amendment and firearms law. Before joining the faculty Pepperdine, he served as the inaugural executive director of the Center for Firearms Law at Duke University School of Law. He has a terrific new piece coming out in the Duke Law Journal called “The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History.” Jake combines ambitious academic scholarship in law journals with public facing work for outlets such as the Washington Post, Los Angeles Times, Slate, The Hill, Bloomberg Law, and other outlets. Besides being a great friend to this podcast, he has been quoted in the New York Times, CNN, and NPR.Dru Stevenson is the Wayne Fischer Research Professor at South Texas College of Law Houston. Professor Stevenson joined the faculty in 2003 after a law career that included practicing as a Legal Aid lawyer in Connecticut and serving as an Assistant Attorney General for the State of Connecticut. His publications cover topics ranging from criminal law to civil procedure, with an emphasis on the intersection of law with economics and linguistic theory. His articles have been cited in leading academic journals and treatises, by federal and state appellate courts, and in recent briefs to the U.S. Supreme Court. Professor Stevenson’s current research focus is firearm law and policy. His “Revisiting the Original Congressional Debates About the Second Amendment” provides a missing analyses of the debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms.Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few of us need convincing that the American health insurance system needs reform. But many of the existing proposals focus on expanding one relatively successful piece of the system or building in piecemeal additions. These proposals miss the point.As the Stanford health economist Liran Einav and the MIT economist and MacArthur Genius Amy Finkelstein argue, our health care system was never deliberately designed, but rather pieced together to deal with issues as they became politically relevant. The result is a sprawling yet arbitrary and inadequate mess. It has left 30 million Americans without formal insurance. Many of the rest live in constant danger of losing their coverage if they lose their job, give birth, get older, get healthier, get richer, or move.It's time to tear it all down and rebuild, sensibly and deliberately. Marshaling original research, striking insights from American history, and comparative analysis of what works and what doesn’t from systems around the world, Einav and Finkelstein argue for automatic, basic, and free universal coverage for everyone, along with the option to buy additional, supplemental coverage. Their wholly original argument and comprehensive blueprint for an American universal health insurance system will surprise and provoke.We've Got You Covered: Rebooting American Health Care (Penguin, 2023) is an erudite yet lively and accessible prescription we cannot afford to ignore.John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Does it matter if judges are nice to each other? The Elevator Effect: Contact and Collegiality in the American Judiciary (Oxford UP, 2023)argues that how judges interact with each other has an important effect at every stage of their judicial process. Previously, scholars have explained judicial behavior in terms of the law, the ideological attitudes of the judges, external and internal constraints, and the background characteristics of the judges, such as gender, race, or prior professional experiences. The Elevator Effect builds on previous research in political science, political psychology, and linguistics to present the first comprehensive examination of the importance of interpersonal relationships among the judges for judicial decision-making and legal development. Hazelton, Hinkle, and Nelson argue that collegiality affects nearly every aspect of judicial behavior. More frequent interpersonal contact among judges diminishes the role of ideology to the point where it is both “substantively and statistically imperceptible.” The book also shows that collegiality affects both the language judges use when they disagree with each other and the precedents that they choose to support their arguments. The podcast covers the rich findings of the book – and also provides some interesting insights for graduate students who are thinking about collaborative research 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. 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. Michael J. Nelson, PhD, is a professor of Political Science at Penn State University. Michael Nelson is Professor of Political Science at Penn State University. He studies judicial politics, especially public attitudes toward law and courts, judicial behavior, and the politics of court reform. Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On today’s podcast, we are changing things up a bit. Instead of interviewing the author of a recent book, I am interviewing another podcaster about their recent narrative podcast season. So, today, I’m interviewing Joel Anderson, staff writer at Slate, co-host of Hang Up and Listen, and the host of Seasons 3, 6, and, most recently, 8 of Slow Burn. On this episode, I chop it up with Joel about Season 8 of Slow Burn, titled, Becoming Justice Thomas. Adam McNeil is a Ph.D. Candidate in History at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Diversity in higher education is under attack as the Supreme Court limits the use of race-conscious admissions practices at American colleges and universities. In On the Basis of Race: How Higher Education Navigates Affirmative Action Policies (NYU Press, 2023), Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned. Foley takes us behind the curtain of student admissions, shedding light on how multiple universities, including the University of Michigan, have creatively responded to affirmative action bans. On the Basis of Race traces the history of a controversial idea and policy, and provides insight into its uncertain future.Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins (Cambridge UP, 2021), Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.Jake Chanenson, CS Ph.D. at UChicago Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Benjamin Y. Fong is author of the new book Quick Fixes: Drugs in America from Prohibition to the 21st Century Binge, which was just released in July, 2023 by Verso Books. Ben is an honors faculty fellow and associate director of the Center for Work & Democracy at Arizona State University, and his work has appeared in Jacobin, Catalyst, and the New York Times. Previously, Ben’s work focused on the (usually negative) effects of neoliberal capitalism, writing about NGOs, labor leaders, and health care. Quick Fixes expands this examination into the world of drugs, examining nine different kinds of intoxicants, and five “orienting claims” that place their use within in larger capitalist histories.A bit about the book...Americans are in the midst of a world-historic drug binge. Opiates, amphetamines, benzodiazepines, marijuana, antidepressants, antipsychotics--across the board, consumption has shot up in the 21st century. At the same time, the United States is home to the largest prison system in the world, justified in part by a now zombified "war" on drugs. How did we get here?Quick Fixes is a look at American society through the lens of its pharmacological crutches. Though particularly acute in recent decades, the contradiction between America's passionate love and intense hatred for drugs has been one of its defining characteristics for over a century.Through nine chapters, each devoted to the modern history of a drug or class of drugs, Fong examines Americans' fraught relationship with psychoactive substances. As society changes it produces different forms of stress, isolation, and alienation. These changes, in turn, shape the sorts of drugs society chooses.By laying out the histories, functions, and experiences of our chemical comforts, the hope is to help answer that ever perplexing question: what does it mean to be an American?Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law