New Books in Law

In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA).In Disability Rights and Religious Liberty in Education: The Story Behind Zobrest V. Catalina Foothills School District (U Illinois Press, 2020), Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.D​​​​avid A. Gerber taught American History at the University at Buffalo (SUNY) from 1971 to his retirement in 2012. He was founding Director of the Center for Disability Studies at UB, and served in that capacity from 2009 through 2012. His interests in History have been grown over the course of years to encompass manifestations of personal and social identity in a wide variety of groups and individuals including during the course of his career: African Americans; American Jews; American Catholics; European immigrants, and people with disabilities.Bruce Dierenfield has long been interested in the history of American race relations, and has written a popular textbook on the civil rights movement and another on African-American leadership since enslavement. As Peter Canisius Distinguished Teaching Professor, Dierenfield organized the “African-American Experience,” led student trips to West Africa and the Deep South, and invited distinguished historians and many influential activists of the 1960s to speak on campusShu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Science plays a substantial, though under-acknowledged, role in shaping popular understandings of rape. Statistical figures like “1 in 4 women have experienced completed or attempted rape” are central for raising awareness. Yet such scientific facts often become points of controversy, particularly as conservative scholars and public figures attempt to discredit feminist activists.Rape by the Numbers: Producing and Contesting Scientific Knowledge about Sexual Violence (Rutgers University Press, 2021) by Dr. Ethan Czuy Levine explores scientists’ approaches to studying rape over more than forty years in the United States and Canada. In addition to investigating how scientists come to know the scope, causes, and consequences of rape, this book delves into the politics of rape research. Scholars who study rape often face a range of social pressures and resource constraints, including some that are unique to feminized and politicized fields of inquiry. Collectively, these matters have far-reaching consequences. Scientific projects may determine who counts as a potential victim/survivor or aggressor in a range of contexts, shaping research agendas as well as state policy, anti-violence programming and services, and public perceptions. Social processes within the study of rape determine which knowledges count as credible science, and thus who may count as an expert in academic and public contexts.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Life Worth Living: Disability, Pain, and Morality (U Minnesota Press, 2022) investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Joel Michael Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires.More than 2,000 years ago, Aristotle said: "let there be a law that no deformed child shall live." This idea is alive and well today. During the past century, Supreme Court Justice Oliver Wendell Holmes Jr. argued that the United States can forcibly sterilize intellectually disabled women and philosopher Peter Singer argued for the right of parents to euthanize certain cognitively disabled infants. The Life Worth Living explores how and why such arguments persist by investigating the exclusion of and discrimination against disabled people across the history of Western moral philosophy.Joel Michael Reynolds argues that this history demonstrates a fundamental mischaracterization of the meaning of disability, thanks to the conflation of lived experiences of disability with those of pain and suffering. Building on decades of activism and scholarship in the field, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires.The Life Worth Living is the first sustained examination of disability through the lens of the history of moral philosophy and phenomenology, and it demonstrates how lived experiences of disability demand a far richer account of human flourishing, embodiment, community, and politics in philosophical inquiry and beyond.Joel Michael Reynolds is an Assistant Professor of Philosophy and Disability Studies at Georgetown University, Senior Research Scholar in the Kennedy Institute of Ethics, Senior Bioethics Advisor to The Hastings Center, Faculty Scholar of The Greenwall Foundation, and core faculty in Georgetown’s Disability Studies Program. He is the founder of The Journal of Philosophy of Disability and co-founder of Oxford Studies in Disability, Ethics, and Society from Oxford University Press.Dr. Reynolds’ work explores the relationship between bodies, values, and society. He is especially concerned with the meaning of disability, the issue of ableism, and how philosophical inquiry into each might improve the lives of people with disabilities and the justness of institutions ranging from medicine to politics. These concerns lead to research across a range of traditions and specialties, including philosophy of disability, applied ethics (especially biomedical ethics, public health ethics, tech/data ethics, and ELSI research in genomics), 20th c. European and American philosophy (with an emphasis on phenomenology and pragmatism as practiced in connection with the history of philosophy), and social epistemology (particularly issues of epistemic injustice as linked to social ontology).Autumn Wilke works in higher education as an ADA coordinator and diversity officer and is also an author and doctoral candidate with research/topics related to disability and higher education. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Eric Posner about his book How Antitrust Failed Workers (Oxford UP, 2021).When anti-trust cases are brought forward, typically they involve monopolies exercising undue power in regards to products or services. Rarely do labor issues get the same treatment. Reasons vary from the previous power of unions, to the expense and risk of going to trial, to whether the potential for unfair, uncompetitive practices get scrutinized at all. Posner points in this episode to why the laws may need strengthening. Issues include stagnant wages, and the use and abuse of non-poaching, non-complete and arbitration clauses in the contracts that workers sign. Add in the practice of gig workers and rising inequality issues related to household wealth, and you can’t find a more timely topic than this one.Eric Posner is a professor of Law at the University of Chicago. He’s currently on leave and working for the Anti-Trust Division of the U.S. Justice Department. (Note that his views do not necessarily reflect those of the Justice Department.) Two previous books by Posner were each separately chosen as a book of the year in 2018, one by The Economist and the other by The Financial Times.Dan Hill, PhD, is the author of ten books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). His newest book is Emotionomics 2.0: The Emotional Dynamics Underlying Key Business Goals. To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Remdesivir and Hydroxycloroquin there was Tamiflu.To prepare for Swine Flu and Bird Flu, governments spent billions stockpiling this drug called Tamiflu. You’d think governments used the best evidence-based advice, but the story of Tamiflu raises questions about how money shaped the process.On this episode of Cited, Darts and Letters predecessor, we open up the black box of pharmaceutical and public health expertise. We tell the story of a drug, from its days as middling flu treatment through its meteoric rise to international blockbuster. How do experts decide what makes a good drug, and how do pharmaceutical companies make billions from pandemic panic?—————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.——————-ABOUT THE SHOW——————For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to political philosopher Ryan T. Anderson and journalist Alexandra DeSantis, abortion harms everything it touches. It is an act of lethal violence against a child and leaves many women with lifelong regret and feelings of guilt and loss. Far from empowering women, abortion has reduced privileged women to serving as economic drudges to abortion-friendly corporations. “Pro-choice” culture pressures poor and minority women to regard abortion as liberating and presents childbearing as against their interests.These are some of the arguments in Anderson and DeSanctis’ book, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery Publishing, 2022). This is an unabashedly pro-life book. It portrays abortion—from what happens to the child and mother during an abortion to the way that the pro-abortion jurisprudence of the Roe Era of 1973-2022 led even supposedly conservative Supreme Court justices to misread the Constitution.The authors argue that pro-abortion legal arguments have ranged from calling the child in the womb “a potential life” and treating abortion as a mostly medical issue and privacy matter (in Roe) and then an economic justice and gender equality issue (in Planned Parenthood v. Casey) to now a matter of convenience sans any moral discussion at all.The book makes clear why millions of pro-life activists spent decades fighting to end Roe and how they are now gearing up to assist the mothers and children who will face life together in a post-Roe world. The authors call for the entire country to pull together to create a pro-life, pro-family society in which the laws governing abortion or outlawing it entirely have now been returned to the states and the people.Today we will talk to one of the co-authors of the book, Alexandra DeSanctis.Give a listen.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

One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty.Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Though human rights monitors talk of fact-finding missions and reports, human rights facts are, like all social phenomena, not in fact found but made — through processes by which we come to know and talk about them. But how exactly does that happen? And how, by attending to these processes, might we arrive at a more robust understanding of human rights facts? These are the kinds of questions animating Ken MacLean’s new book, Crimes in Archival Form: Human Rights, Fact Production and Myanmar (University of California Press, 2022). In this episode Ken joins New Books in Southeast Asian Studies to explore some of the answers he arrived at after years of research on the complexities of human rights fact production about crimes against humanity in eastern Myanmar, or Burma, and to discuss how it is possible to cast a critical eye over how human rights facts are made and not only remain engaged in causes for human rights, but to make them even stronger at a time that human rights facts are sorely tested, and the truth about facts has never been more contested.Like this interview? If so you might also be interested in: Lynette Chua, The Politics of Love in Myanmar: LGBT Mobilisation and Human Rights as a Way of Life Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand Ken MacLean, The Government of Mistrust: Illegibility and Bureaucratic Power in Socialist Vietnam Nick Cheesman is Associate Professor, Department of Political & Social Change, Australian National University and Senior Fellow, Baldy Center for Law and Social Policy, University at Buffalo (Fall 2022). He hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Blame seems both morally necessary and morally dicey. Necessary, because it appears to be a central part of holding others to account for wrongdoing. Dicey, because – in its standard forms – blame involves the expression of anger and aims to harm its target. What’s more, our blaming practices appear to presuppose a kind of freewill that some argue is implausible. In any case, we are aware of the ways in which blaming can go wrong. Are we ever justified in blaming others?In The Problem of Blame: Making Sense of Moral Anger (Cambridge University Press 2022), Kelly McCormick defends blame. She develops a novel theory of how agents can deserve a certain kind of blame and answers a range of skeptical views that hold that, as the relevant concept of desert should be jettisoned, no one deserves blame. Along the way, McCormick introduces a range of insightful methodological considerations that help us navigate the debate.Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At Crosstown Clinic, doctors are turning addiction treatment on its head: they’re prescribing heroin-users the very drug they’re addicted to. This is the story of one clinic’s quest to remove the harms of addiction, without removing the addiction itself.—————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.——————-ABOUT THE SHOW——————For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law