New Books in Law

Gender, and regulations of and discourses on it, have historically been a cornerstone of the conservative Christian belief system. The stance of the Catholic Church on feminism, for instance, has often been criticized for being reductive and exclusionary. As Christianity has exerted a profound influence on the government and principles of the United States from the time of its founding, in this modern age, it is natural to examine the extent of its influence on LGBTQ-related, and particularly trans-related legislation.In the fourth episode of our themed series Across the Rainbow, Dr. SJ Crasnow, Assistant Professor of Religious Studies at Rockhurst University, Kansas City, and author of the article “The Legacy of ‘Gender Ideology.” Dr. Crasnow talks to us about the current state of anti-trans legislation in the U.S., and the role played by conservative Christianity in shaping it. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few revolutions in economics have been as under-covered in general literature as the emergence and development of competition theory and policymaking.Political threats to break up the tech giants or restrain Russian gas pipelines make the headlines while academic lawyers churn out textbooks on 130 years of precedent and practicing lawyers test its limits.What has been missing is an up-to-date, general legislative and intellectual history of how and why politicians, lawyers, and economists in capitalist democracies decided they needed to step in and correct the market. Why did this happen first in the US in that crucial quarter-century preceding the first world war?The Foundations of Antitrust: Events, Ideas, and Doctrines by Gregory Werden (Carolina Academic Press, 2020) fills that gap, examines the overlaps between legal innovation and common law, and busts a few myths en route.From 1977 until his retirement in 2019, Gregory Werden worked in the Antitrust Division of the US Department of Justice – most recently as Senior Economic Counsel. A PhD economist from the University of Wisconsin, he has published extensively on antitrust policy.*The author's own book recommendation is Trusts: The Recent Combinations in Trade, Their Character, Legality and Mode of Organization, and the Rights, Duties and Liabilities of Their Managers and Certificate Holders by William W Cook (Gale - Making of Modern Law, 2020; originally published by L. K. Strouse, 1888)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

Obligations: New Trajectories in Law (Routledge, 2021) critically analyses the role that obligations play in law and social ordering. As rights have become preeminent feature in modern societies, the work that obligations do has faded into the background. However, in his latest book, Professor Scott Veitch challenges the normative assumptions that shape law and social practices, and shows how obligations and practices of obedience are core to sustaining the inequalities faced by members of the global community. In doing so, Veitch explores the potential and enduring role that obligations have in furthering individual and collective well-being. He offers an alternative trajectory for the current crises faced by all citizens today, including environmental degradation and human inequality and injustice. This is an important book. It will allow the reader to rethink the dominant model of human rights, and enable understandings of alternative complementary trajectories of obligations. An understanding of the universalism of obligations and the asymmetries and obediences that obligations create has the potential to better prioritise human and environmental needs, common goods, and solidarity. Professor Scott Veitch is the Paul K C Chung Professor in Jurisprudence in the Department of Law at the University of Hong Kong. He was educated in Scotland and has worked at universities in Australia and the United Kingdom, and was formerly Professor of Jurisprudence at the University of Glasgow. He has held visiting academic positions in South Africa, New Zealand, Belgium, France and the Basque country. His area of research is jurisprudence broadly defined, and his work draws on historical, philosophical and sociological insights into law and legal institutions. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite, or perhaps because of, the fact that an enormous proportion of medical care worldwide is provided under the auspices of religious organizations, there has been a sustained and systematic campaign to drive out those with religious worldviews from the field of bioethics and indeed, from medicine itself. Obviously, this constitutes blatant discrimination against patients, the unborn, the elderly and the otherwise vulnerable and their families and faith-oriented medical providers and religiously-oriented bioethicists. But more importantly, the loss of a theological sensibility among scholars and providers and the consequent diminishment of fellow feeling for patients whose lives are suffused with religiosity is stripping away the foundations of compassion that religion has provided medicine since both entered the human scene.That is the thrust of the 2021 book, Losing Our Dignity: How Secularized Medicine is Undermining Fundamental Human Equality (New City Press, 2021) by the bioethicist and theologian Charles C. Camosy.The book sounds several alarms. Camosy shows in the book that the increased secularization of the field of bioethics has led it, ironically enough, to become less humane and less protective of the dignity of the least among us. And he tells us something that will be hard for many of us to hear—most of us may face years of life with dementia or caring for someone with it. Camosy argues, therefore, that now is not the time for bioethics to exclude from its deliberations and scholarship and impact on public policy religious people for whom the equality of all human beings is both sacred and a part of everyday life. We do so at our peril, for all of us will experience some sort of illness or disability and will need the protection of laws and policies crafted by those with a commitment to the idea of the worth of all human beings, even those seemingly brain dead as well as the unborn.Indeed, one of the greatest strengths of the book is the way Camosy explains with reader-friendly clarity the differences between brain death and what was once called, chillingly, persistent vegetative state (PVS). He also examines the difference in matters of bioethics of the terms “human being” and “person” and why drawing a distinction between the two can lead to gross injustice and inhumanity, no matter how meretriciously clever notable members of the “person” school of philosophers are—think Peter Singer, one of the thinkers discussed in the book.The book brings all of these arcane matters home by examining in-depth the heartrending stories of Jahi McMath, Terri Schiavo, and Alfie Evans and the legal battles that often rendered the parents of all of them powerless in the face of a secularized or racially-biased medicolegal system that was at times openly and brutally anti-religious.This book is even more important to read as the current pandemic has highlighted the substandard care that has existed for decades in long-term care facilities and the unnecessary deaths among nursing home patients in many states during the pandemic era.We can do better and be better people than this, says Camosy. Let’s hear how he says that can be.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

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

Improving Human Rights is based on an in-depth, filmed conversation between Howard Burton and Emilie Hafner-Burton, the John D. and Catherine T. MacArthur Professor of International Justice and Human Rights at UC San Diego and co-director of the Laboratory on International Law and Regulation at the School. This extensive conversation covers topics such international law, when and why international laws work and don’t work, the international human rights system and concrete measures that could be taken to improve it, the International Criminal Court, and the role of states in the protection of human rights.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

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