New Books in Law

Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty 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

The Power of Sympathy: Politics and Moral Sentimentalism is based on an in-depth filmed conversation between Howard Burton and Michael Frazer, Senior Lecturer in Political and Social Theory at the University of East Anglia. After a detailed discussion of Prof. Frazer’s intellectual journey, the conversation explores the core ideas behind the sentimentalist theory as outlined in Prof. Frazer’s book called The Enlightenment of Sympathy.Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do terror and popularity merge under a dictatorship? How did the Gestapo deal with critics of Nazism? Based on hundreds of secret police case files, Enemies of the People explores the day-to-day reality of political policing under Hitler. Examining the Gestapo's policy of 'selective enforcement', J. Ryan Stackhouse challenges the abiding perception of the Gestapo as policing exclusively through terror. Instead, he reveals the complex system of enforcement that defined the relationship between state and society in the Third Reich and helps to explain the Germans' abiding support for Hitler and their complicity in the regime's crimes. Stories of everyday life in Nazi Germany paint the clearest picture yet of just how differently the Gestapo handled certain groups and actions, and the routine investigation, interrogation, and enforcement practices behind this system. Enemies of the People: Hitler's Critics and the Gestapo (Cambridge UP, 2021) offers penetrating insights into just how reasonable selective enforcement appeared to Germans, and draws unavoidable parallels with the contemporary threat of authoritarianism.Lea Greenberg is a scholar of German studies with a particular focus on German Jewish and Yiddish literature and culture; critical gender studies; multilingualism; and literature of the post-Yugoslav diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Smashing the Liquor Machine: A Global History of Prohibition (Oxford UP, 2021) is a unique retelling of the history of temperance and prohibition. Rather than focusing on white, rural, conservative American bible-thumpers, Mark Lawrence Schrad contends that the temperance movement was a progressive, international, and revolutionary movement of oppressed-peoples fighting the liquor traffic, through which states and rich capitalists combined to get the lower classes addicted to drink for profit. Schrad shows that the temperance movement was in fact a global pro-justice movement that had an impact in nearly every major country in the world, both developing and developed. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Figures of the Future: Latino Civil Rights and the Politics of Demographic Change (Princeton UP, 2021) examines the “contemporary population politics of national Latino civil rights advocacy.” The book challenges readers to generally understand democratic projections as problematic, political, and manufactured -- and specifically consider the case of how prominent Latino civil rights groups used such projections during the Obama and Trump administrations to “accelerate the when of Latino political power.” Groups like UnidosUS, the League of United Latin American Citizens, and Voto Latino believed that they could mobilize demographic data about the growing Latino population to increase political recognition and respect -- hoping to unify and inspire. But Figures of the Future urges us to be attentive to the manner in which projected demographics can be “objects of aspiration” but also weaponized and sources of frustration. Deploying three main sources of data (participation observation, interviewing, and the collection of primary material) Dr. Michael Rodríguez-Muñiz asks us to see that “it is politics -- not demography -- that governs what we think and feel about ethnoracial demographic change.” We don’t need better data -- we need a more critical and vigilant eye to the political phenomenon.Dr. Michael Rodríguez-Muñiz is an assistant professor of sociology and Latina/Latino studies at Northwestern University.Daniella Campos assisted with and helped inspire 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

As people reach for social justice and better lives, they create public goods--free education, public health, open parks, clean water, and many others--that must be kept out of the market. When private interests take over, they strip public goods of their power to lift people up, creating instead a tool to diminish democracy, further inequality, and separate us from each other. The Privatization of Everything: How the Plunder of Public Goods Transformed America and How We Can Fight Back (New Press, 2021), by the founder of In the Public Interest, an organization dedicated to shared prosperity and the common good, chronicles the efforts to turn our public goods into private profit centers. The Privatization of Everything connects the dots across a broad spectrum of issues and raises larger questions about who controls the public things we all rely on, exposing the hidden crisis of privatization that has been slowly unfolding over the last fifty years and giving us a road map for taking our country back. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty 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

The contemporary opioid crisis is widely seen as new and unprecedented. Not so. It is merely the latest in a long series of drug crises stretching back over a century. In White Market Drugs: Big Pharma and the Hidden History of Addiction in America (U Chicago Press, 2020), David Herzberg explores these crises and the drugs that fueled them, from Bayer's Heroin to Purdue's OxyContin and all the drugs in between: barbiturate "goof balls," amphetamine "thrill pills," the "love drug" Quaalude, and more. As Herzberg argues, the vast majority of American experiences with drugs and addiction have taken place within what he calls "white markets," where legal drugs called medicines are sold to a largely white clientele.These markets are widely acknowledged but no one has explained how they became so central to the medical system in a nation famous for its "drug wars"--until now. Drawing from federal, state, industry, and medical archives alongside a wealth of published sources, Herzberg re-connects America's divided drug history, telling the whole story for the first time. He reveals that the driving question for policymakers has never been how to prohibit the use of addictive drugs, but how to ensure their availability in medical contexts, where profitability often outweighs public safety. Access to white markets was thus a double-edged sword for socially privileged consumers, even as communities of color faced exclusion and punitive drug prohibition. To counter this no-win setup, Herzberg advocates for a consumer protection approach that robustly regulates all drug markets to minimize risks while maintaining safe, reliable access (and treatment) for people with addiction.Accomplishing this requires rethinking a drug/medicine divide born a century ago that, unlike most policies of that racially segregated era, has somehow survived relatively unscathed into the twenty-first century.By showing how the twenty-first-century opioid crisis is only the most recent in a long history of similar crises of addiction to pharmaceuticals, Herzberg forces us to rethink our most basic ideas about drug policy and addiction itself--ideas that have been failing us catastrophically for over a century.David Herzberg is an associate professor of history at the University of Buffalo is also the author of Happy Pills in America from Milltown to Prozac. David is also the co-editor of the journal Social History of Alcohol and Drugs. Jay Shifman is a vulnerable storyteller, a stigma-destroying speaker, and the founder of Choose Your Struggle podcast. A guy in long-term recovery, Jay is dedicated to ending stigma and promoting fact-based education around Mental Health, Substance Misuse & Recovery, and Drug Use & Policy. You can learn more about Jay at his links here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Suspect Communities: Anti-Muslim Racism and the Domestic War on Terror (University of Minnesota Press, 2019) is a powerful reassessment of the U.S. government’s “countering violent extremism” (CVE) program that has arisen in major cities across the United States since 2011. Drawing on an interpretive qualitative study, Nicole Nguyen, Associate Professor at the University of Illinois-Chicago, examines how the concept behind CVE—aimed at combating homegrown terrorism by engaging Muslim community members, teachers, and religious leaders in monitoring and reporting on young people—has been operationalized through the everyday work of CVE actors, from high-level national security workers to local community members, with significant penalties for the communities themselves. By undertaking this analysis, Nicole Nguyen offers a vital window into the inner workings of the U.S. security state and the devastating impact of the CVE program on local communities. In our conversation we discussed counterterrorism policy, radicalization theories, national security trainings and conferences, the difference between anti-Muslim racism and Islamophobia, public objections to CVE, activist resistance, how and why Muslims participate in policing communities, targeting Muslim youth, and the role of schools and teachers. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jeffrey Bachman's edited volume Cultural Genocide: Law, Politics, and Global Manifestations (Routledge, 2019) asks where the boundaries between genocide and other kinds of mass atrocity violence rest and what the stakes are in locating them here rather than there.Bachman, Senior Professorial Lecturer at the American University and a co-host of this podcast, has assembled a wide-ranging set of scholars to consider how and why the label 'cultural genocide' has been so contentious over the past decades. Bachman's own essay (co-written with Lauren Carasik) explains how and why the term was eliminated from early drafts of the UN Convention on the Prevention and Punishment of Genocide. Other essays range from theoretical examinations to contemporary case studies to inquiries about redress and reconciliation. Many highlight little known conflicts or disputes. Collectively, they will challenge the reader to reconsider earlier understandings of genocide and its causes and consequences.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amid a string of fall 2021 news reports about past-due exonerations and (white) self-defense that document the limits of racial justice within the U.S. legal system, Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities (Brandeis University Press, 2021) becomes an even more relevant and timely book. Dr. Jan Nisbet, who authored the book with contributions from Nancy Weiss, introduces it succinctly: “The story is long, complicated, and filled with questions about society and its ability to care about, protect, and support the most vulnerable citizens. It is a story that calls into question the degree to which people who do not have disabilities can separate themselves from those who do, allowing painful interventions that they themselves would not likely tolerate” (2021, p. 8). If justice is central to evaluations of the social policies and public institutions charged with administering it, disability–as core issue theorized in philosophies of justice–must be centered as well (Putnam et al., 2019).To this end, Pain and Shock in America “intentionally highlights the hard-fought battles of disabled survivors like Jennifer Msumba and disabled-led advocacy organizations like the Autistic Self-Advocacy Network,” as “disabled self-advocates (who also happen to be lawyers)” (Nisbet 2021, p. vii-viii) Shain M. Neumeier and Lydia X.Z. Brown write in the Foreword––themselves appearing in the book as leaders with critical roles. The volume chronicles a nearly half-century saga involving the law, education, psychology, and medical fields as they converge in methods and culture of The Judge Rotenberg Center, a privately-run facility in Massachusetts which, despite six student deaths and consistent frequent citations for abuse and neglect, has been funded by taxpayers from about a dozen states and our nation’s capital as a placement for students with disabilities. Though its use of a self-made electric shock device makes the Judge Rotenberg Center unique in the country and perhaps the world, its institutional history provides a broader if extreme “lens through which we can understand the societal issues facing people with disabilities and their families” (Nisbet 2021, p. 10)Jan Nisbet is professor emeritus at the University of New Hampshire, where she served for ten years as the senior vice provost for research. Before assuming that position, she was the founding director of the Institute on Disability and professor in the Department of Education. She has been principal investigator on many state- and nationally-funded projects related to children and adults with disabilities.Nancy R. Weiss is a faculty member and the Director of the National Leadership Consortium on Developmental Disabilities at the University of Delaware. She is the former Executive Director of TASH, an international advocacy association committed to the full inclusion of people with disabilities. She has more than forty years of experience in the field of intellectual and developmental disabilities and has worked extensively providing community living and positive behavioral supports.Christina A. Bosch is an assistant professor of special education in the Literacy, Early, Bilingual and Special Education Department of the Kremen School of Education and Human Development at California State University Fresno; on Twitter as @DocCABosch Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law