New Books in Law

Over the past decade, Poland and Hungary have become laboratories for a new kind of government: proto-authoritarian regimes that still have regular elections, vibrant oppositions and are externally constrained by EU law and potential loss of fiscal transfers.Viktor Orbán, Hungary's prime minister since 2010, especially has generated a comprehensive academic literature attempting to understand the special nature of his regime. Two earlier podcasts with András Körösényi and Gábor Scheiring about their efforts to classify Orbánism can be found in the NBN library and a conversation Lasse Skytt about his new edition of Orbanland (New Europe Books, 2021) is coming soon.In their new book - Illiberal Constitutionalism in Poland and Hungary: The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law (Routledge, 2021) - Professors Drinóczi and Bień-Kacała redefine the models of government practised by Orbán and Jarosław Kaczyński. By examining Polish and Hungarian history, identity, and political and legal systems, as well as the influence of European rule of law, they alight on what they believe is a new political phenomenon: illiberal constitutionalism.Agnieszka Bień-Kacała (a Pole) teaches law at the Nicolaus Copernicus University in Toruń and Tímea Drinóczi (a Hungarian) teaches law at the Federal University of Minas Gerais in Brazil.*The authors' own book recommendations are Poland's Constitutional Breakdown by Wojciech Sadurski (OUP Oxford, 2019) and Democratic Decline in Hungary Law and Society in an Illiberal Democracy by András László Pap (Routledge, 2017).Tim Gwynn Jones is an economic and political-risk analyst at Medley advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Herbert “Bert” Kritzer, the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School, has a new book that explores the process for reform of judicial selection across the fifty states. This is a fascinating examination of the different approaches that state legislatures, governors, partisans, and citizens have pursued in reforming the process, within each state, of judicial selection at all levels. With a brief historical overview of how this process was initially pursued in the early days of the republic, Kritzer moves to the central time period of the book, which is examining the state systems that were in place in the mid-20th century and the moves across the country to modernize court systems and how those moves unfolded. The main period that Kritzer focuses on is between 1980 and 2020, and he carefully reviews the reform efforts that succeeded as well as those that failedJudicial Selection in the States: Politics and the Struggle for Reform (Cambridge UP, 2020) examines the legal and democratic subcultures as a way to frame and understand the reasons behind the move towards reforms. But the heart of the book is diving into various states to see what they tried to change, who tried to change it, and if they were at all successful in these reform efforts. One of the more popular plans for state-level judicial selection is the “Missouri Plan”, which was designed to improve the quality of judges by establishing a kind of review board/nominating commission that made recommendations to the governor of the state. Many states, between 1960 and 1980, moved towards adopting the Missouri plan as the method for judicial selection. But following this, states continued to reform with an eye towards more legal professionalism as the guiding tenet behind judicial selection. According to Kritzer’s research, this was very much the case between 1980 and 1999, and this was in concert with the overhauling of state constitutions as well. Around 2000 there is a bit of a shift, as partisan politics now starts to be more of the driver behind the moves to reform or change the selection of state judges. Judicial Selection in the States is an interesting exploration of the various forms of judicial selection, the moves towards reform over the decades, the shifting role of partisanship as well as the impetus towards more professional and merit-based outcomes.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

There are two problems that are typically siloed in the era of #MeToo and mass incarceration: sexual and gender violence, on the one hand, and the state’s unjust, ineffective, and soul-destroying response to it on the other. Is it possible to confront the culture of abuse? Is it possible to hold harm-doers accountable without recourse to a criminal justice system that redoubles injuries, fails survivors, and retrenches the conditions that made such abuse possible?The Feminist and the Sex Offender: Confronting Sexual Harm, Ending State Violence (Verso, 2020), by Judith Levine and Erica Meiners (Verso Books, 2020), develops an intersectional feminist approach to ending sexual violence. It maps with considerable detail the unjust sex offender regime while highlighting the alternatives we urgently need.Judith Levine is a longtime journalist and author of countless articles and commentaries in popular media and the author of five books, including Harmful to Minors: The Perils of Protecting Children From Sex, which won the LA Times Book Award.Erica Meiners is a professor of education and women's and gender studies at Northeastern Illinois University and the author of several books, most recently For the Children? Protecting Innocence in a Carceral State.Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the past five years, medical aid-in-dying (also known as assisted suicide) has expanded rapidly in the United States, and is now legally available to one in five Americans. This growing social and political movement heralds the possibility of a new era of choice in dying. Yet very little is publicly known about how medical aid-in-dying laws affect ordinary citizens once they are put into practice. Sociological studies of new health policies have repeatedly demonstrated that the realities often fall short of advocacy visions, raising questions about how much choice and control aid-in-dying actually affords. Scripting Death: Stories of Assisted Dying in America (U California Press, 2021) chronicles two years of ethnographic research documenting the implementation of Vermont's 2013 "Patient Choice and Control at End of Life" Act. Author Mara Buchbinder weaves together stories collected from patients, caregivers, health care providers, activists, and legislators to illustrate how they navigate aid-in-dying as a new medical frontier in the aftermath of legalization. Scripting Death explains how medical aid-in-dying works, what motivates people to pursue it, and ultimately, why upholding the "right to die" is very different from ensuring access to this life-ending procedure. This unprecedented, in-depth account uses the case of assisted death as an entry point into ongoing cultural conversations about the changing landscape of death and dying in the United States. 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

Why is there such a deep partisan division within the United States regarding how health care should be organized and financed and how can we encourage politicians to band together again for the good of everyone? For decades, Democratic and Republican political leaders have disagreed about the fundamental goals of American health policy. The modern-day consequences of this disagreement, particularly in the Republicans' campaign to erode the coverage and equity gains of the Affordable Care Act, can be seen in the tragic and disparate impact of COVID-19 on the country. In Crossing the American Health Care Chasm: Finding the Path to Bipartisan Collaboration in National Health Care Policy (Johns Hopkins UP, 2021), Donald A. Barr, MD, PhD, details the breakdown in political relations in the United States. Why, he asks, has health policy, which used to be a place where the two sides could find common ground, become the nexus of fiery political conflict? Ultimately, Barr argues, this divide is more dangerous than ever at a time when health care costs continue to skyrocket, the number of uninsured Americans is rising, many state governments are chipping away at Medicaid, and the GOP has not let up in its efforts to dismantle the ACA.  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

Catholic Greg Bourke's profoundly moving memoir about growing up gay and overcoming discrimination in the battle for same-sex marriage in the US. In this compelling and deeply affecting memoir, Greg Bourke recounts growing up in Louisville, Kentucky, and living as a gay Catholic. Gay, Catholic, and American: My Legal Battle for Marriage Equality and Inclusion (U Notre Dame Press, 2021) describes Bourke's early struggles for acceptance as an out gay man living in the South during the 1980s and '90s, his unplanned transformation into an outspoken gay rights activist after being dismissed as a troop leader from the Boy Scouts of America in 2012, and his historic role as one of the named defendants in the landmark United States Supreme Court decision Obergefell vs. Hodges, which legalized same-sex marriage nationwide in 2015. After being ousted by the Boy Scouts of America (BSA), former Scoutmaster Bourke became a leader in the movement to amend antigay BSA membership policies. The Archdiocese of Louisville, because of its vigorous opposition to marriage equality, blocked Bourke's return to leadership despite his impeccable long-term record as a distinguished boy scout leader. But while making their home in Louisville, Bourke and his husband Michael DeLeon have been active members at Our Lady of Lourdes Catholic Church for more than three decades, and their family includes two adopted children who attended Lourdes school and were brought up in the faith. Over many years and challenges, this couple has managed to navigate the choppy waters of being openly gay while integrating into the fabric of their parish life community. Bourke is unapologetically Catholic, and his faith provides the framework for this inspiring story of how the Bourke DeLeon family struggled to overcome antigay discrimination by both the BSA and the Catholic Church and fought to legalize same-sex marriage across the country. Gay, Catholic, and American is an illuminating account that anyone, no matter their ideological orientation, can read for insight. It will appeal to those interested in civil rights, Catholic social justice, and LGBTQ inclusion.Author: Greg Bourke has had a long corporate career in information technology and management. He currently works as a health economist. Bourke and his husband, Michael De Leon, were named 2015 Persons of the Year by the National Catholic Reporter and have been active in establishing LGBTQ alumni networks at the University of Notre Dame, University of Louisville, University of Kentucky, and other organizations.John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com. Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Gary Shiffman’s book The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism (Cambridge UP, 2020) serves as a fantastic introduction to anyone interested in thinking critically about terrorist, insurgency, and criminal groups of all sorts. Using case studies from multiple continents, ideological contexts, and political situations, Dr. Shiffman shows how the language and tools familiar to economists can assist policy makers and security personnel to combat rival ‘firms,’ as he classifies them. Arguing strongly against essentialist labels and stories about why these groups act the way that they do, Dr. Shiffman offers us an approach to understanding ‘illicit’ groups that would be recognizable to leaders of many ‘legitimate’ organizations.Dr. Gary Shiffman is a Professor at Georgetown University, the CEO of two software companies, a former Naval Officer and Border Patrol leader, a former Fortune 200 executive, and an engaging writer. His is the author of one other book on the Economic Instruments of Security Policy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Religious liberty” is a phrase that we often hear, particularly in news stories revolving around Supreme Court decisions. But what is religious liberty and why is it often referred to as “the first liberty?”These are among the questions addressed in Kenneth Starr’s 2021 book, Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty (Encounter, 2021)Although Judge Starr possesses impeccable scholarly credentials, the book is intended for general readers. It is an informative blend of American legal and constitutional history and a primer for all of us about a crucial component of our set of rights as citizens.Even if you are not religious, the book will endow you with a greater understanding of an issue that frequently roils the body politic and that is both timeless and of ongoing concern. Think Masterpiece Cakeshop v. Colorado Civil Rights Commission—decided by the Supreme Court in 2018.Luckily, we have with us today one of America’s leading lawyers to walk us through the fascinating history of religious liberty and give us the lowdown on what we need to know should we find ourselves facing a choice between honoring our sabbath day and keeping our jobs.Kenneth Starr has been a figure of great note on the American legal landscape for decades. He is perhaps best known for his role in the Whitewater investigation during the Clinton administration and as a key member of Donald Trump’s defense team in the latter’s first impeachment trial. He has been among other things, a federal judge at the highest levels, a law school dean and a university president.Most significantly in terms of the subject matter of his new book and thus the main focus of our interview, he is a long-time champion of religious liberty and, as solicitor general under George HW Bush, argued before the Supreme Court such notable religious liberty and freedom of speech cases as Westside Community Schools v. Mergens, in which the Supreme Court found that a Bible club has the same right of equal access on school grounds as any other student-led organization. Judge Starr employs that famous case to illustrate one of the concepts discussed in book, equality. It is a cause dear to his heart and probably even more so given own quite humble origins in his home state of Texas.The common man aspects of Starr’s background have enabled him to make this book approachable to its intended broad-ranging audience. Most of us at one time or another have found ourselves in school, work or business environments or simply driving along a highway and it is surprising how often questions involving religious liberty pop up for average people in such settings.Starr guides the reader engagingly and expertly through such questions as:What is the Lemon Test? What do you need to know about religious liberty as a parent, public school or college student, teacher, small business owner or employee? How have wedding cakes, monuments in the shape of Christian crosses, public displays of the Ten Commandments on government property, and government-subsidized school bus rides played into all of this? What is “accommodation” in this context and when might you need to seek one and what should you do if you are denied it? What is the relationship between free speech and religious liberty?We welcome Judge Starr, a Christian gentleman of the first order.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

When we talk about people crossing borders, policy makers, advocates, journalists, and academics often distinguish between “refugees” and “migrants.” Is this a useful legal fiction? Shorthand for an important distinction? Dr. Rebecca Hamlin argues that employing this binary limits protection for vulnerable people who are not protected by the rarified category of “refugee.” In Crossing: How We Label and React to People on the Move (Stanford UP, 2021), Dr. Hamlin confronts the binary -- and the effect it has on our study, policy-making, and conversations about border crossers. Her book traces the emergence of the concept of refugee in the context of sovereignty and colonialism, pushing back on notions of essentialism in favor of a constructed binary. The logic of the migrant/refugee binary obscure power imbalances by focusing on internal explanations for why people are leaving countries in the Global South (corruption, war, poverty) rather than externalist forces such as globalization, postcolonialism, and neoliberalism. Using varied data and methods, she provides insight into the scholarly fault lines and the historical and current role of the UNHCR (United Nations High Commission for Refugees) in perpetuating the binary. Her rich case studies reveal differences in how the binary is deployed in the Global North and South. Beautifully written and carefully argued, Dr. Hamlin challenges scholars and advocates for vulnerable border crossers to move beyond the binary, despite perceived risks.In the podcast (recorded days after the fall of the Afghan government), Dr. Hamlin reflects on the continuing effects of the binary in contemporary events -- and how it limits creative scholarship, policy-making, journalism, and conversation about vulnerable border crossers. She mentions Claudio Saunt’s Norton book, Unworthy Republic and also the Hamlin-Abdelaaty Migrants or Refugees? It's the Wrong Question published in the Monkey Cage.New Books in Political Science welcomes Dr. Lamis E. Abdelaaty as a part of this dynamic conversation and we look forward to new podcasts from Dr. Abdelaaty in the future. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second Amendment has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. In The Second: Race and Guns in a Fatally Unequal America (Bloomsbury, 2021) historian Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans.Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.Dr. Carol Anderson is the Charles Howard Candler Professor and Chair of African American Studies at Emory University. She is the author of One Person, No Vote, longlisted for the National Book Award and a finalist for the PEN/John Kenneth Galbraith Award; White Rage, a New York Times bestseller and winner of the National Book Critics Circle Award; Bourgeois Radicals; and Eyes off the Prize. She was named a Guggenheim Fellow for Constitutional Studies. She lives in Atlanta, Georgia. Connect on Twitter @ProfCAndersonDr. Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at State University of New York at Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law