New Books in Law

HIV emerged in the world at a time when medicine and healthcare were undergoing two major transformations: globalization and a turn toward legally inflected, rule-based ways of doing things. It accelerated both trends. While pestilence and disease are generally considered the domain of biological sciences and medicine, social arrangements—and law in particular—are also crucial. Drawing on years of research in HIV clinics in the United States, Thailand, South Africa, and Uganda, Governing the Global Clinic: HIV and the Legal Transformation of Medicine (University of Chicago Press, 2025) by Dr. Carol Heimer examines how growing norms of legalized accountability have altered the work of healthcare systems and how the effects of legalization vary across different national contexts. A key feature of legalism is universalistic language, but, in practice, rules are usually imported from richer countries (especially the United States) to poorer ones that have less adequate infrastructure and fewer resources with which to implement them. Challenging readers to reconsider the impulse to use law to organize and govern social life, Governing the Global Clinic poses difficult questions: When do rules solve problems, and when do they create new problems? When do rules become decoupled from ethics, and when do they lead to deeper moral commitments? When do rules reduce inequality? And when do they reflect, reproduce, and even amplify inequality? This interview was conducted by Dr. Miranda Melcher whose 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. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Supreme Court’s ruling in 2022 changed the established methodology for evaluating Second Amendment cases. What was the existing methodology, and what does this shift signify for future interpretations? We sit down with Joel Alicea, Professor of Law and Director, the Center for the Constitution and the Catholic Intellectual Tradition at the Columbus School of Law at the Catholic University of America. We discuss the implication of the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen and the new methodology relates to originalist interpretations. He answers questions on how courts define “tradition” when using it as legal reasoning, and the limitations it can pose. Finally, Alicea offers a nuanced perspective on the application of gun rights in America with recognition of America’s complicated relationship with firearms. 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We’ve been focusing on the dynamics of democratic backsliding in the United States and beyond. In this episode of Postscript: Conversations on Politics and Political Science, Susan talks the co-founder and co-director of the Democratic Erosion Consortium, Dr. Robert Blair about how the Consortium offers FREE resources to teachers, students, journalists, policy makers, and any interested person – including shared syllabus, readings, assignments, YouTube virtual roundtables, and policy briefs. Rob defines democratic erosion and offers critical insights on the importance of interdisciplinarity, calibrating outrage, and distinguishing between policy disputes and the erosion of democracy. He offers a clear-headed analysis of what is legal v. what breaks down democracy that is not to be missed. We conclude with thoughts on what everyone can do protect democracy. Dr. Robert Blair is Associate Professor of Political Science and International and Public Affairs at Brown University and co-founder and co-director of the Democratic Erosion Consortium. He studies the consolidation of state authority after civil war, with an emphasis on rule of law and security institutions, as well as the causes and consequences of democratic backsliding. His book, Peacekeeping, Policing, and the Rule of Law after Civil War, was published in 2020 with Cambridge University Press and his articles appear in political science outlets such as American Political Science Review, American Journal of Political Science, Journal of Politics, Comparative Political Studies, and International Organization but also science journals such as Science, Nature Human Behaviour, or Current Opinion in Psychology. Mentioned: Inside Higher Ed piece on grants terminated by the Trump administration, including one that funded the Democratic Erosion Consortium “An Events-Based Approach to Understanding Democratic Erosion,” P/S Political Science & Politics by Rob, Hannah Baron, Jessica Gottlieb, and Laura Paler summarizes their data collection efforts on democratic backsliding A special issue of P/S Political Science & Politics on the study of democratic backsliding An academic article on combatting misinformation from Current Opinion in Psychology by Rob, Jessica Gottlieb, Brendan Nyhan, Laura Paler, Pablo Argote, and Charlene J. Stainfield Democratic Erosion Project website and data set Chris Geidner, Law Dork: Supreme Court, Law, Politics, and More Substack Center for Systemic Peace’s Polity Project coding authority characteristics of states in the world system University of Notre Dame’s V-Dem Project measuring democracy Rob mentioned Brazil as a fruitful comparison for the US. He is particularly focused on how the courts can defend democratic institutions and processes – and how hard it can be to know where to draw the line between courts protecting vs. assailing democracy, and to know when the line has been crossed. Two gift articles from The New York Times here and here. Contact info for Rob: robert_blair@brown.edu Follow Rob and Democratic Erosion Consortium on social media: @robert_a_blair on X, @DemErosionDEC on X, @robertblair.bsky.social on BlueSky, @demerosiondec.bsky.social on BlueSky 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 of Madison’s Notes, Michael McConnell examines the gap between the Founders’ vision of a limited presidency and today’s expansive executive power. Drawing on his book The President Who Would Not Be King (Princeton University Press, 2022), we discuss how the Constitution’s safeguards against monarchical authority have eroded over the past century—and what steps might restore balance to our system of government. From war powers to administrative overreach, the conversation tackles the urgent question: How did we get here, and what can be done? Michael McConnell is a renowned constitutional scholar, Stanford Law professor, and former federal judge on the Tenth Circuit Court of Appeals. A leading voice on originalism and separation of powers, his work bridges historical intent and modern legal debates, making him the perfect guide for this critical discussion. 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Zim Wakora and Nicholas Barry, editors of "Constitutional Conventions: Theories, Practices, and Dynamics," dive into the fascinating world of political norms that shape governance beyond the law. They discuss how conventions adapt during crises, with insights from the U.S., U.K., Australia, Hungary, and even China. The impact of rising populism on these unwritten rules is highlighted, showcasing tensions in democratic practices. They emphasize the necessity of citizen engagement and the evolving perceptions of political leadership in a democratic context.

Envisioning queer futures where we lovingly wager everything for the world's children, the planet, and all living beings against all odds, and in increasingly precarious times. Tamara Lea Spira's Queering Families: Reproductive Justice in Precarious Times (U California Press, 2025) traces the shifting dominant meanings of queer family from the late twentieth century to today. With this book, Spira highlights the growing embrace of normative family structures by LGBTQ+ movements--calling into question how many queers, once deemed unfit to parent, have become contradictory agents within the US empire's racial and colonial agendas. Simultaneously, Queering Families celebrates the rich history of queer reproductive justice, from the radical movements of the 1970s through the present, led by Black, decolonial, and queer of color feminist activists. Ultimately, Spira argues that queering reproductive justice impels us to build communities of care to cherish and uphold the lives of those who, defying normativity's violent stranglehold, are deemed to be unworthy of life. She issues the call to lovingly wager a future for the world's children, the planet, and all living beings against all odds, and in increasingly perilous times. Shui-yin Sharon Yam is Professor of Writing, Rhetoric, and Digital Studies at the University of Kentucky. She is the author of Inconvenient Strangers: Transnational Subjects and the Politics of Citizenship and more recently, Doing Gender Justice: Queering Reproduction, Kin and Care (co-authored withe Natalie Fixmer-Oraiz). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Tens of millions of children in the United States participate in youth sport, a pastime widely believed to be part of a good childhood. Yet most children who enter youth sport are driven to quit by the time they enter adolescence, and many more are sidelined by its high financial burdens. Until now, there has been little legal scholarly attention paid to youth sport or its reform. In More Than Play: How Law, Policy, and Politics Shape American Youth Sport (University of California Press, 2025) Dr. Dionne Koller sets the stage for a different approach by illuminating the law and policy assumptions supporting a model that puts children's bodies to work in an activity that generates significant surplus value. In doing so, she identifies the wide array of beneficiaries who have a stake in a system that is much more than just play—and the political choices that protect these parties' interests at children's expense. This interview was conducted by Dr. Miranda Melcher whose 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. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6 (Palgrave Macmillan, 2024) analyzes the roots of widespread disenchantment with American government. While blame often falls on the individuals in office, they are not operating in isolation. Rather they are working within a system designed by the Framers with one goal in mind, protectionism. Although the Framers got much right, their commitment to protection of liberty led them to design a system replete with divisions of power. Whatever its merits at the founding, the government today is frequently described as dysfunctional and far too often unresponsive to the majority, unaccountable, and unable to deliver for its people.  For those disillusioned with the current state of government and committed to effectuating meaningful change, this book advocates in favor of a fundamental reassessment of the system's primary objectives, followed by deliberation as to how it should be restructured accordingly. It not only presents specific reform proposals, but it ends with a stark warning: until and unless we embrace reasoned structural reform, we cannot be surprised if at some point the people become so frustrated that they either disengage, fight back, or seek solace in autocratic alternatives.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jennifer Holt, a professor at UC Santa Barbara and author of "Cloud Policy: A History of Regulating Pipelines, Platforms, and Data," discusses how U.S. regulations have impacted civil liberties and democracy. She highlights the historical evolution of media policies alongside technology, emphasizing the need for equitable access to cloud services as a public good. Holt critiques outdated regulations, the environmental implications of cloud infrastructure, and the rise of surveillance capitalism, urging for a reevaluation of policies to prioritize public interest.

At the 100 day mark of Donald Trump’s second term as president, the political scientists at Bright Line Watch released their 25th report on the state of American democracy entitled “Threats to democracy and academic freedom after Trump’s second first 100 days.” Based on polling both experts (760 political scientists) and the public (representative sample of 2000 Americans), the Bright Line Watch researchers find that the Trump administration has challenged constitutional and democratic norms on a wide range of issues, including the scope of executive power and the authority of courts to check it, individual freedom of expression, due process and habeas corpus, immigration, and academic freedom. In this episode of POSTSCRIPT: Conversations on Politics and Political Science, two of Bright Line Watch’s co-directors analyze the latest report – and what it means for American democracy. Topics include democratic performance, threats to democracy and academic freedom and self-censorship. Dr. John Carey (he/him) is the Wentworth Professor in the Social Sciences at Dartmouth College. He is the author of 6 books and dozens of articles on democratic institutions, representation, and political beliefs. Dr. Gretchen Helmke is the Thomas H. Jackson Distinguished University Professor in the Department of Political Science and faculty director of the Democracy Center at the University of Rochester. Her research focuses on democracy and the rule of law in Latin America and the United States. Her new co-authored article definition and measuring democratic norms is forthcoming in the Annual Review of Political Science. She has been named a Guggenheim Fellow for 2025. Mentioned: Bright Line Watch’s April 2025 report, Threats to Democracy and Academic Freedom after Trump's Second First 100 Days (based on parallel surveys of 760 political scientists and a representative sample of 2,000 Americans fielded in April). Bright Line Watch homepage with data and past reports John Carey on NPR’s All Things Considered, 4/22 discussing the latest report. Adam Przeworski’s Substack Diary (free to subscribe and read) Democratic Erosion Project (with dataset that Gretchen mentioned) Susan’s New Books Network conversation with Dr. Sue Stokes on the importance of integrating comparative politics and American politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law