New Books in Law

Political Scientist John Dearborn’s new book, Power Shifts: Congress and Presidential Representation (U Chicago Press, 2021), weaves together three connected threads in the course of his analysis: the role and capacity of ideas to make political change, the evolution of the position and understanding of the President of the United States as a representative of the citizens of the United States, and the way in which congressional legislation also works to shift the constitutional or institutional relationship between Congress and the President. This is a propulsive book, which is not necessarily the norm for academic publications, and Dearborn keeps the reader engaged through fascinating details about legislation that Congress passes in the midst of the 20th century that not only sets up policy outcomes but also provides the president with the power to create those outcomes. Dearborn then traces the ways, in the latter part of the 20th century, in which Congress attempts to wrangle some of that power back from the president, or to develop its own power to rival or parallel the president’s power.Power Shifts focuses on this concept of the president as a national representative, which was not necessarily the idea that the Founders had for the president at the time of the Constitutional Convention. Some thought was given to how this national office would operate, but because of the way that the president is elected, at a remove from the people, the idea that the president was the voice or tribune of the people was not the key concept in the design of the presidency. Dearborn takes the reader through the evolution of this concept during the 19th and 20th century, highlighting how the presidents made claim to this particular role, while noting that it became clear that the veto power was not sufficient to reflect the voice of the people. During a number of decades in the midst of the 20th century, Congress builds up the presidency as an institution, formalizing presidential agenda-setting capacities and giving the presidency the organizational capacity to function as the center of the governmental structure and as the representative of all of the people. In examining several congressional acts, including the Budget Act of 1921, the Reorganization Act of 1939, and other particular constructions by Congress, Power Shifts examines how these creations centered presidential representation as the key to the design for these legislative moves. In the second part of the book, Dearborn explores the period of congressional resurgence in the 1970s and 1980s, and how Congress created connected legislation that sought to pull some of these powers away from the president, or at least provide Congress with sufficient capacity to challenge the president in a number of different arenas. And again, the arguments around the legislation dive into the question of whether the president is operating as a national representative, with a focus on the best interests of the people and the country.Shaina Boldt assisted with this podcast.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mental Health: Policies, Laws and Attitudes is based on an in-depth filmed conversation between Howard Burton and Elyn Saks, Orrin B. Evans Distinguished Professor of Law, and Professor of Law, Psychology and Psychiatry and the Behavioral Sciences at USC. During this wide-ranging conversation Elyn Saks candidly shares her personal experiences with schizophrenia and discusses the intersection of law, mental health and ethics: the legal and ethical implications surrounding mental health. Further topics include psychotropic medication and the law, criminalization and mental illness, and an exploration of which countries are more progressive with respect to important mental health policies, laws and procedures, and more.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

Christine Schwöbel-Patel's Marketing Global Justice: The Political Economy of International Criminal Law (Cambridge UP, 2021) is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values.Margot Tudor is a postdoctoral research fellow at the University of Exeter, based in the Politics department. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The American media has been focused on the Supreme Court’s upcoming abortion cases but a decision in a critical Second Amendment case could overturn public safety laws for 25% of Americans. Next week, the Court will hear arguments in New York State Rifle & Pistol Association v. Bruen, a challenge to a 1911 New York State law that limits carrying guns outside the home. New York is a “may issue” state in which applications for concealed carry are not automatically granted but reviewed to determine if the person has “proper cause” to conceal a gun. We’ve not seen a Second Amendment case since Heller v. District of Columbia in 2008 and McDonald v. City of Chicago in 2010 -- and this case will be heard by a Court that now has 3 conservative appointments made by former President Donald Trump. Two Second Amendment scholars join the podcast to go wide and deep on the astonishing implications for our laws.Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored Free Speech Beyond Words: The Surprising Reach of the First Amendment (NYU, 2017) with Mark Tushnet and Alan K. Chen and The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). His recent “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) with Reva Siegel interrogates the impact of gun rights on free speech.Jacob D. Charles, the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and his public-facing scholarship includes work with CNN, NPR, Politifact, NewsWeek, and Mother Jones. “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment.Daniella Campos assisted with 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

European Decadence, a controversial artistic movement that flourished mainly in late-nineteenth-century France and Britain, has inspired several generations of Chinese writers and literary scholars since it was introduced to China in the early 1920s. Translated into Chinese as tuifei, which has strong hedonistic and pessimistic connotations, the concept of Decadence has proven instrumental in multiple waves of cultural rebellion, but has also become susceptible to moralistic criticism. Many contemporary scholars have sought to rehabilitate Chinese Decadence but have found it difficult to dissociate it from the negative connotations of tuifei. More importantly, few have reconnected Decadence with its steadfast pursuit of intellectual pleasure and unique paradoxes or explored the specific socio-historical conditions and cultural dynamics that gave rise to Decadence.Decadence in Modern Chinese Literature and Culture: A Comparative and Literary-Historical Reevaluation (Cambria Press, 2020) is the first comprehensive study of Decadence in Chinese literature since the early twentieth century. Standing at the intersection of comparative literature and cultural history, it transcends the framework of tuifei by locating European Decadence in its sociocultural context and uses it as a critical lens to examine Chinese Decadent literature and Chinese society. Its in-depth analysis reveals that some Chinese writers and literary scholars creatively appropriated the concept of Decadence for enlightenment purposes or to bid farewell to revolution. Meanwhile, the socialist system, by first fostering strong senses of elitism among certain privileged groups and then rescinding its ideological endorsement and material support, played a crucial role in the emergence of Chinese Decadent literature in the European sense.Decadence in Modern Chinese Literature and Culture is an important book for scholars and students interested in Decadence, modern Chinese literature and cultural history, Asian studies, and comparative literature.This book is in the Cambria Sinophone World Series headed by Victor H. Mair (University of Pennsylvania).Victoria Oana Lupașcu is an Assistant Professor of Comparative Literature and Asian Studies at University of Montréal. Her areas of interest include medical humanities, visual art, 20th and 21st Chinese, Brazilian and Romanian literature and Global South studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Political Science, we are very familiar with the work of scholars who try to unpack why the ERA failed to get the required states. But Gendered Citizenship: The Original Conflict over the Equal Rights Amendment, 1920-1963 published by the University of Nebraska in 2021 interrogates how earlier debates on the ERA transcended traditional political divides and ultimately redefined the concept of citizenship in the United States. By using a rich collection of public and private sources, Dr. Rebecca DeWolf shows that support for and opposition to the ERA was not tied to either conservatism or liberalism. Instead unusual allies coalesced around two competing views of citizenship – what DeWolf calls the emancipatory and the protectionist. Gendered Citizenship argues that the early conflict over the ERA changed the definition of rights -- and the catalyst for that change was the 19th amendment. Those opposing the ERA provided a modern justification for separate and distinct standards of rights for men and women citizens -- and that formulation still haunts 21st century politics.Dr. Rebecca DeWolf is a historian focused on gender and women’s history, politics, and United States' constitutional culture. She has received the Dirksen Center Congressional Research Grant as well as grants from American University to do her archival research on the ERA. Her writing has appeared in the Washington Post, History News Network, New America Weekly, and Frontiers.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

Professor Anna Spain Bradley "wrote this book to be accessible to anyone, because international law is for everyone." In this important book, Professor Anna Spain Bradley explores human choice in international law and political decision making. Human Choice in International Law (Cambridge University Press, 2021) investigates the neurobiological processes which shape human choice in the framework of international law and shows how human choice impacts decisions on peace and security. Professor Spain Bradley charts important decisions in the international human rights framework to show how human choice has affected decisions about genocide, international intervention into armed conflict and nuclear weapons, and human rights. This is an important book which has the potential to change the way we think about human choice in law, and the implications of human choice in the lives of all people, for whom decisions are made. Professor Spain Bradley calls for a rethink about how we understand human choice, especially in relation to what international law does and what it should do. Professor Anna Spain Bradley is Vice Chancellor of Equity, Diversity and Inclusion and Professor of Law at the University of California, Los Angeles. She is an award-winning international law scholar, educator and expert specializing in international dispute resolution, international human rights and combatting global racism. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Criminal Justice: An Examination is based on an in-depth filmed conversation between Howard Burton and Julian Roberts, Professor of Criminology at the University of Oxford. Julian Roberts is an international expert on sentencing throughout the common-law world and is strongly involved in connecting scholars with practitioners as well as promoting greater public understanding of sentencing. This thought-provoking conversation covers a wide range of topics related to criminal justice, including plea bargaining, the involvement of victims in criminal sentencing procedures, victim impact statements, parole, sentencing multiple and repeat crimes, community-based sentencing, alternate dispute resolution, rehabilitation, and more.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

When are borders justified? Who has a right to control them? Where should they be drawn?Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities—but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls.To escape all this,  Paulina Ochoa Espejo's book On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties.This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions—not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands.Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King’s College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2015, the world witnessed an Irish social revolution. In a historic referendum vote, the Republic of Ireland voted to extend the constitutional right to marriage to same-sex couples. Thirty years before, sex between men was illegal. From the 1970s, LGBT rights activists advocated tirelessly for decriminalization, fair treatment laws, protection from discrimination, and, most recently, marriage equality. In one of the most Catholic countries in the world, it was never easy. In her book The History of Marriage Equality in Ireland: A Social Revolution Begins (Manchester UP, 2020), Sonja Tiernan charts the long road to the 2015 referendum in one of Ireland’s most recent civil rights movements. Join us as we chat about Constitutional Conventions, the power of social media, the so-called “Pantigate,” and that overwhelming moment on May 22, 2015 when the people of Ireland said “Yes” to marriage equality.Avrill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law