New Books in 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

The human right to science, outlined in the 1948 Universal Declaration of Human Rights and repeated in the 1966 International Covenant on Economic, Social, and Cultural Rights, recognizes everyone's right to "share in scientific advancement and its benefits" and to "enjoy the benefits of scientific progress and its applications." This right also requires state parties to develop and disseminate science, to respect the freedom of scientific research, and to recognize the benefits of international contacts and co-operation in the scientific field.The right to science has never been more important. Even before the COVID-19 health crisis, it was evident that people around the world increasingly rely on science and technology in almost every sphere of their lives from the development of medicines and the treatment of diseases, to transport, agriculture, and the facilitation of global communication. At the same time, however, the value of science has been under attack, with some raising alarm at the emergence of "post-truth" societies. "Dual use" and unintended, because often unforeseen, consequences of emerging technologies are also perceived to be a serious risk.The important role played by science and technology and the potential for dual use makes it imperative to evaluate scientific research and its products not only on their scientific but also on their human rights merits. In Science as a Cultural Human Right (U Pennsylvania Press, 2022), Helle Porsdam argues robustly for the role of the right to science now and in the future. The book analyzes the legal stature of this right, the potential consequences of not establishing it as fundamental, and its connection to global cultural rights. It offers the basis for defending the free and responsible practice of science and ensuring that its benefits are spread globally.Melek Firat Altay is a neuroscientist, biologist and musician. Her research focuses on deciphering the molecular and cellular mechanisms of neurodegenerative and neurodevelopmental disorders. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr Lynsey Black is a lecturer in criminology, in the School of Law and Criminology, Maynooth University. She researches in the areas of gender and punishment, the death penalty, historical and postcolonial criminology, and borders.In this interview she discusses her new book, Gender and Punishment in Ireland: Women, Murder and the Death Penalty, 1922-64 (Manchester UP, 2022).Gender and Punishment in Ireland explores women's lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as ‘double deviance’, chivalry, paternalism and ‘coercive confinement’, the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisciplinary treatment of women who kill in Ireland and will be useful to scholars of gender, criminology and history.Aidan Beatty is a historian at the Frederick Honors College of the University of Pittsburgh Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Many people are familiar with the United States Supreme Court’s merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices’ decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively. But Professor Stephen Vladeck’s new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court’s decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket’ was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket’s longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court’s increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution.Professor Vladeck’s impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck’s suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable.Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court.John Sebastiani served as the editorial assistant for this podcast.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

“Only recently have scholars outside the historical profession identified progressivism for what it was and continues to be: a fundamental rupture with the roots of American order.”So writes the political scientist and theorist Bradley C. S. Watson in his 2020 book Progressivism: The Strange History of a Radical Idea (U Notre Dame Press). Watson provides an intellectual history of how historians such as Richard Hofstadter tended to underplay what a radical break the Progressive Movement was from American constitutionalism. The book shows that only in recent decades have political theorists entered the fray and rendered clear how dire the ramifications for American society and culture the views on the Constitution of such figures as Theodore Roosevelt and Woodrow Wilson were and what a massive break they were from the legacy of the founders and such advocates of natural rights as Abraham Lincoln.Anyone interested in how American political history was written in the period of roughly 1940-1980 should read this book. So should anyone interested in the differences between the views of historians and political scientists on the same developments.And this is not just a matter of the mindsets of various fields of scholarship. These debates shaped public policy and affected a host of issues such as the rise of the administrative state and the role of expertise in governance, the place of religion (Christianity first and foremost) in American life and the ideology-dependent staffing of the ranks of college social science departments, government entities and other key institutions. All of these developments filtered out to the rest of society.Watson helps us understand what the Progressives (including politicians, academics and theologians such as Walter Rauschenbusch) of the period of roughly 1900-1930 actually said and wrote versus what historians in the decades shortly thereafter said they said.Let’s hear from Professor Watson himself.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

Postscript invites authors to react to contemporary political events that engage their scholarship. Since the Supreme Court is wrapping up their term, three political scientists and one law professor joined Susan to talk about the power of the Federalist Society in shaping the courts (and how lawyers might strategically use political science research to get more progressive outcomes), how race, ethnicity, and gender issues have affected the construction of the U.S. Supreme Court over time, and a very lively discussion of this term’s Supreme Court decisions – and also actions outside the Court like Chief Justice Roberts refusing to appear before Congress. Dr. Christine C. Bird, JD, PhD is an Assistant Professor of Political Science at Oklahoma State University and the Director of the Bird Law and Public Policy Lab (LAPP). Her research examines elite interests' influence on public policymaking in the judicial system.  Dr. Zachary McGee, PhD is an Assistant Professor of Political Science at Kenyon College focusing on American political institutions with an emphasis on Congress, political parties, interest groups, and the policy process. Christine and Zach recently co-wrote “Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal,” for Polity’s symposium on the Supreme Court as well as “Going Nuclear: Federalist Society Affiliated Judicial Nominees’ Prospects and a New Era of Confirmation Politics” for American Politics Research (2023).  Dr. Paul Collins, PhD is Professor of Legal Studies and Political Science at the University of Massachusetts Amherst. His research focuses on understanding bias and inequality in the legal system, the selection and work of judges, and social movement litigation.  Dr. Lori A. Ringhand is the J. Alton Hosch Professor of Law at the University of Georgia College of Law. Her work on the confirmation process has been cited in major national and international media outlets. Paul and Lori previously published Supreme Court Confirmation Hearings and Constitutional Change (Cambridge University Press) and they also contributed an article to the Polity Symposium entitled “Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings.” Their co-authors Christina L. Boyd and Karson A. Pennington were unable to join us.Zac mentions Susan’s article in the Polity symposium, The Politics of Law: Capricious Originalism and the Future of the Supreme Court.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