New Books in 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

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

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

In 1686 in Geneva, a single mother named Jeanne Catherine Thomasset is charged with poisoning two young children: her own illegitimate daughter and the son of a rural wet nurse. So begins a harrowing criminal trial during which authorities interrogate Jeanne Catherine several times, sometimes with torture, to determine the truth.Sara Beam's The Trial of Jeanne Catherine: Infanticide in Early Modern Geneva (University of Toronto Press, 2021) is a suspenseful historical mystery that offers students the opportunity to learn about motherhood, child rearing, gender, religion, local politics, and the practice of criminal justice in early modern Europe. This edition provides the complete trial transcript as well as the deliberations of the Genevan authorities and relevant correspondence.Jana Byars is an independent scholar located in Amsterdam. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates (Cambridge UP, 2022) traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to “hard cases” and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.Len Niehoff is a professor from practice at University of MichiganThomas Sullivan President Emeritus and Professor of Political Science at Vermont UniversityMorteza 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Postscript invites scholars to react to contemporary political events and today’s podcast welcomes an expert on domestic violence and firearms law to analyze a controversial Second Amendment case that the United States Supreme Court will hear this Fall, United States v. Rahimi. Kelly Roskam, JD is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Prevention and Policy. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She has been writing about the practical implications of the Rahimi case since it came up through the 5th circuit (for example, “The Fifth Circuit’s Rahimi decision protects abusers’ access to guns. The Supreme Court must act to protect survivors of domestic violence” and “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” (co-authored with Spencer Cantrell and Natalie Nanasi).In the podcast, we discuss the specifics of this strange case (a man who assaulted a woman, shot in the air, and later threatened to kill her claims that his constitutional rights have been violated – and the 5th circuit agrees that Congress is the threat to liberty). Ms. Roskam explains how the legal regime Congress created in 1994 to protect survivors of intimate violence also protects the safety of the public at large. She presents some of the data (e.g., that the presence of a firearm increases the likelihood that domestic violence will escalate into a homicide). She explains what is at stake, the possible ways the Supreme Court might approach the case, and ways to combat firearm violence beyond the courts.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

This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists.Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today.Sharon Thompson's Quiet Revolutionaries: The Married Women's Association and Family Law (Hart Publishing, 2022) sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members' friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up.Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law