New Books in Law

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." Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our Recall this Buck series, back in 2020 and 2021, explored the history of money, ranging from the earliest forms of labor IOUs to the modern world of bitcoin and electronically distributed value. We began by focusing on the rise of capitalism, the Bank of England, and how an explosion of liquidity changed everything.We were lucky to do so, just before the Pandemic struck, with Christine Desan of Harvard Law School, who recently published Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2014). She is also managing editor of JustMoney.org, a website that explores money as a critical site of governance. Desan’s research explores money as a legal and political project. Her approach opens economic orthodoxy to question by widening the focus on money as an instrument, to examine the institutions and agreements through which resources are mobilized and tracked, by means of money. In doing so, she shows that particular forms of money, and the markets within which they circulate, are neither natural or inevitable. Christine Desan, “Making Money“ Ursula Le Guin The Earthsea Novels (money hard to come by, but kinda cute) Samuel Delany, the Neveryon series (money part of the evils of naming, slavery, labor appropriation) Jane Austen “Pride and Prejudice“ Richard Rhodes, “Energy“ John Plotz, “Is Realism Failing?” (on liberal guilt and patrimonial fiction) William Cobbett, “Rural Rides” (1830; London as wen) E. P. Thompson, “The Moral Economy of the English Crowd in the Eighteenth Century” (notional “just price” of bread) Peter Brown, “Through the Eye of a Needle: Wealth, the Fall of Rome, and the Making of Christianity in the West, 350-550 AD” Chris Vanden Bossche, “Reform Acts“ “Sanditon” on PBS (and the original unfinished Austen novel) Still from “Sanditon” Margot Finn, “Character of Credit“ Thomas Piketty, “Capital in the 21st Century“ L. Frank Baum, “The Wonderful Wizard of Oz” (1900) Leo Tolstoy “The Forged Coupon” (orig.1904) Robert Louis Stevenson, “The Bottle Imp” (1891) Frank Norris, “The Octopus” (1901) D. W. Griffith, “A Corner in Wheat” (1909) Read the episode here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who is believed in our mediated world? In Believability: Sexual Violence, Media and the Politics of Doubt (Polity Press, 2023),  Sarah Banet-Weiser, Distinguished Professor at the University of Pennsylvania’s Annenberg School for Communication and Professor of Communication at the University of Southern California’s Annenberg School for Communication and Journalism, and Kathryn Claire Higgins, Postdoctoral Fellow at the University of Pennsylvania’s Annenberg Center for Collaborative Communication, examine this question by introducing the conception of an economy of believability governing who is, and who is not, believed or doubted. Written in the wake of #MeToo, the book engages directly with key contexts such as post-truth and the commodification of sexual violence. Thinking through questions of race and class, the analysis ranges widely, covering representations of sexual violence in fiction and non-fiction media, contemporary controversies and court cases, and the backlash from men in positions of power. The book is essential reading across the humanities and social sciences, as well as for anyone seeking to understand ongoing gender inequalities in media and in society.Dave O'Brien is Professor of Cultural and Creative Industries, at the University of Sheffield. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fifty Years of Polyamory in America: A Guided Tour of a Growing Movement (Rowman & Littlefield, 2022) is unique among the many books about polyamory because the scope of this book is the entire history of the polyamory movement. Instead of concentrating on the experiences of a few people exploring alternate lifestyles, it is an exploration of two generations of Americans, the people and the organizations they founded, what they have chosen to do, and how it has changed their lives and affected the culture as a whole.Written in an entertaining and easily accessible style, the authors cover the history of alternative sexual relationship styles starting with a quick peek at colonial times, the Mormon and Oneida movements of the 1840s-70s, and modern day influences starting in the 1950s.Polyamory, literally “many loves,” challenges the relationship norm: monogamy. As its name suggests, polyamory typically refers to emotional/sexual relationships that include multiple partners. Common applications of polyamory include open marriages, triad (three people), two-couple (four people) “marriages,” and larger groups like intimate networks. Swingers are a subset of non-monogamy who often identify as poly.Throughout the course of Fifty Years of Polyamory in America, we explore the history of the polyamory movement: from clinical definitions and attempts at psychiatric treatment, to the advent of advocacy groups in the 1960s and ’70s, to contemporary practitioners and the future of the movement. A wide range of personal stories from advocates and practitioners guides the narrative to the modern day, highlighting the struggles and successes of the movement throughout the years.Glen Olson is an author and historian of the polyamory movement and gives presentations on the history of polyamory and open relationships to interested groups. He is a retired fire captain, paramedic, and technical writer.Terry Lee Brussel-Rogers is a Certified Clinical Hypnotherapist and Life/Business Coach, director of Success Center Inc. since 1969. She has done poly relationship coaching and has taught sensitivity training and jealousy workshops since 1975. She lives in Winnetka California.Frances Sacks is a graduate of Wesleyan University where she studied in the Science and Society Program. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It has been a momentous few weeks for the Supreme Court. What better time to discuss the Court's history and future? We are therefore launching our "Summer of Law" series to shed light on the legal world .Kicking the series off is John Yoo, the Heller Professor of Law at the University of California at Berkeley. He is also a Nonresident Senior Fellow at the American Enterprise Institute, and a Visiting Fellow at the Hoover Institution, Stanford University. He has written 8 books and over 100 academic articles, and is a regular contributor at a wide variety of publications including the New York Times, Wall Street Journal, Washington Post, and National Review.This episode discusses his latest book, The Politically Incorrect Guide to the Supreme Court (Regnery Publishing, 2023). Along the way, it unpacks legal thought on issues such as affirmative action, abortion, court-packing, the administrative state, and the unique position of the Supreme Court as an unelected institution.We have not forgotten, however, that tomorrow is our nation's birthday. At the end of the discussion, our Thomas W. Smith Distinguished Research Scholar Allen Guelzo will recite Patrick Henry's famous speech "Give Me Liberty."While this episode covers the court more broadly, here are some of Prof. Yoo's recent writings and appearances on these hot-button issues: Newsweek, "Biden's Student Loan Forgiveness Was Always a Sham" National Review, "The Supreme Court Corrects a Grievous Error" His interview on Fox News, "Supreme Court says Congress, not the president, controls power of the purse" His interview on Fox Business, "Employers should rethink race-based hiring, programs after SCOTUS affirmative action decision" His interview on Fox News, "The Supreme Court ruled that the Constitution is colorblind" 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amidst all the talk of a green revolution what about the blue stuff? There are the seas that will wash over inhabited land, there’s the sea economy with fisherman and cargo crews facing hard times and, amidst all the debate about animal rights, where do sea creatures fit in? Professor Chris Armstrong author of A Blue New Deal: Why We Need a New Politics for the Ocean (Yale UP, 2022) with Owen Bennett Jones.Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford University Press, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000.William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Danielle Allen, the James Bryant Conant University Professor and the Director of the Edmond and Lily Safra Center for Ethics at Harvard University, has a new book, Justice by Means of Democracy, that explores the foundational understanding of how humans best flourish, in particular in regard to the governmental system under which they live. Allen, author of many books that focus on questions of democracy and justice, also works on democratic reform and renovation at Partners in Democracy. Thus, Dr. Allen integrates both scholarship and democratic activism into her work as an academic and as an activist. Justice by Means of Democracy examines these different threads as well; what is justice, and how does democracy work towards achieving justice? And what is the role of the citizen in these pursuits?Allen opens up her discussion weaving together a number of threads, since politics, economics, civic engagement, and citizenship are all part of the whole when we consider both justice and democracy. Growing out of the ideal that democracy is a very good system for individuals to move forward together, and to achieve their full flourishing, complexities arise from issues like inequality, inequity, and how liberty is structured within the governmental system. Part of Allen’s framing comes from John Rawl’s Theory of Justice and his connection of justice and democracy—but she is pushing further in terms of the role of power and thinking about power and power sharing within democracies and democratic institutions. Justice by Means of Democracy also wrestles with the abstract ideas of negative and positive liberty, and what this actually means in practice, particularly in the United States. In fact, the book thinks about what it means to be a citizen in a democracy, and what that requires from each individual. Allen explained in our conversation that while we often discuss “work/life balance” in terms of our personal and professional lives, what we should be discussing and focusing on is our “work-life civic balance” – since being civically involved takes time, takes effort, but is required for democracy to function and to remain intact. We are living through some of the breakages within our democratic systems of government, not just in the United States, but in other democracies as well. And part of the reason for these breakages is the failure of democratic practice by the people themselves. Allen’s own activism is focused on restoring and reinvigorating democratic practice, so that citizens become more used to the “habit” of democracy and civic engagement.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book,Women and the White House: Gender, Popular Culture, and Presidential Politics Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law