New Books in Law

In 2017, Myanmar's military launched a campaign of widespread targeted violence against its Rohingya minority. The horrific atrocities was later described by United Nations experts as genocide. This had been building since 2012, when earlier ethnic violence erupted between Buddhists and Muslims in Western Myanmar. These very grave incidents leading to the deaths and also the flight of thousands of Rohingya to neighbouring Bangladesh was the most concentrated exodus of people since the genocide in Rwanda in 1994. In Myanmar's Enemy Within: Buddhist Violence and the Making of the Muslim 'Other' (Zed Books, 2017, 2019), Francis Wade identifies the underlying causes which flamed division, segregation and resulted in a horrific loss of life and violence. Wade explores how the manipulations by a ruling elite turned prompted neighbours to take up arms against neighbour, by politicising ethnic identity. The crisis is contextualised in the legacy of British colonialism which calcified the previously fluid dynamics of cultural groups across the country.The military junta is shown to have exploited these divisions in its campaign which targeted the Rohingya minority. In the period of extreme violence, Wade draws out how the U.N., and more broadly, how Western backers of the apparent political transition to democratisation contemporaneously ignored the unfolding situation. Through his on-the-ground accounts, Wade explores how citizens experiencing rights and freedoms unseen for half a century, under a much lauded civilian leaders such as Aung San Suu Kyi, became complicit in this humanitarian catastrophe. Francis Wade is a journalist specialising in Myanmar and Southeast Asia. He began reporting on Myanmar in 2009 and went on to cover in-depth the transition from military rule and the violence which accompanied it. He has reported for The Guardian, The London Review of Books, TIME, New York Review of Books and more. 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

Rabbi Moses ben Nahman (1194–1270), known in English as Nahmanides and by the acronym the Ramban, was one of the most creative kabbalists, one of the deepest and most original biblical interpreters, and one of the greatest Talmudic scholars the Jewish tradition has ever produced.Join us as we talk with Moshe Halbertal about his recent book: Nahmanides: Law and Mysticism (Yale UP, 2020), where he provides a broad, systematic account of Nahmanides’s thought, exploring his conception of halakhah and his approach to the central concerns of medieval Jewish thought, as well as the relationship between Nahmanides’s kabbalah and mysticism and the existential religious drive that nourishes them.Moshe Halbertal is the John and Golda Cohen Professor of Jewish Thought and Philosophy at Hebrew University and Gruss Professor of Law at NYU Law School. He has also written Maimonides: Life and Thought.Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus(Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus(IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption(IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Constitutional Investigations is based on an in-depth filmed conversation between Howard Burton and Linda Colley, the Shelby M.C. Davis 1958 Professor of History at Princeton University. Linda Colley is a leading expert on British, imperial and global history since 1700. After inspiring insights about Linda Colley’s teachers and professors who had a strong impact on her future career as a historian, this wide-ranging conversation provides a detailed examination of the global history and present state of constitutions and their impact.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

Jeffrey Jenkins and Justin Peck’s new book Congress and the First Civil Rights Era, 1861-1918 (U Chicago Press, 2021) explores how Congressional Republicans enacted laws aimed at establishing an inclusive, multiracial democracy. During the Civil War and Reconstruction, Congress crafted a civil rights agenda -- including laws, strict enforcement mechanisms, and Constitutional amendments that (for a brief time) enabled Black Americans to vote, sit on juries, and exercise other civil rights. Using a rich collection of data, the book documents how the Republican coalitions that passed and enforced civil rights weakened because of GOP political weakness in the South, shifts in the political preferences of Northern voters, and lack of GOP unity over core assumptions. Jenkins and Peck offer a Congress-centered American political development perspective to understand how Republicans built civil rights yet subsequently undermined the nascent multiracial democracy that their civil rights agenda helped make possible. The book focuses on the conflict within the Republican Party and electoral trends to argue that “policy enactments are a consequence of, and a window into, evolving attitudes about civil rights.” The book’s granular political history demonstrates how legal institutions -- created by majoritarian bodies like Congress -- liberated and protected an oppressed class of citizens but also reasserted the power of the white majority.Dr. Jeffery A. Jenkins is Provost Professor of Public Policy, Political Science, and Law, Judith & John Bedrosian Chair of Governance and the Public Enterprise, Director of the Bedrosian Center, and Director of the Political Institutions and Political Economy (PIPE) Collaborative at the University of Southern California’s Sol Price School of Public Policy.Dr. Justin Peck is an Assistant Professor in the Department of Government at Wesleyan University. In addition to his work on Congress and Civil Rights, he is engaged in a project that seeks to understand how the United States’ role in international affairs leads to the production of new political ideas and to the reform of domestic political institutions.Daniella Campos assisted with this podcast.Susan Liebell is professor of political science at Saint Joseph’s University in Philadelphia. “BLM versus #BLM:The Dangers of the New Armed Rebellion Narrative” was recently published as part of the Brennan Center for Justice’s series on Protest, Insurrection, and the Second Amendment and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” appeared in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Office of Management and Budget (OMB) is sometimes described as “the most important governmental office no one has ever heard of” and it certainly occupies a very important position and role in the functioning of the American presidency and the way that the Executive branch operates. Political Scientists Meena Bose (Hofstra University) and Andrew Rudalevige (Bowdoin College) have edited an excellent primer on OMB, not just in terms of exploring what it does and how it works, but also integrating a host of perspectives examining the history, function, and details of OMB. The book begins with a Forward and an introductory chapter by the Honorable Jacob J. Lew, who served as OMB Director during both the Clinton and Obama Administrations. Lew’s chapter sets up the rest of the work inExecutive Policymaking: The Role of the OMB in the Presidency (Brookings Institution Press, 2020), since he discusses OMB as an insider and a leader of the agency, as well as from the position as a cabinet secretary who also needed to work with OMB and as President Obama’s chief of staff, a position that requires a similar kind of broad understanding of the functioning and structure of the entire Executive branch. The rest of the chapters in Executive Policymaking follow Lew’s lead, with analysis from academics who study and research the presidency and the Executive branch and bureaucracy along with co-authored chapters that bring in the perspectives from other current and former OMB employees.The Office of Management and Budget has evolved from the Bureau of the Budget (BOB) that was put into place in 1921, a century ago. Over time, the BOB was moved to the Department of Treasury, but OMB was given more the responsibilities that provide it with the capacity to essentially manage the workings of the Executive branch, which is no small undertaking. The president’s budget is the way that the Executive branch can broadly manage the priorities of the bureaucracy, and OMB is the centralizing actor in the way that this essentially operates. Bose and Rudalevige, both experts on the presidency and the bureaucracy, have brought together authors who examine OMB from important and distinct perspectives. The first section of Executive Policymaking explains the role that OMB plays in the federal budget process. This section also includes a chapter that specifically looks at the president’s budget powers during the Trump Era, since abuse of these powers also led to the first of President Donald Trump’s two impeachments. The next part of the book explores Executive Orders, Central Clearance, and the Office of Information and Regulatory Affairs (OIRA), all of which are key components of the role that OMB plays in regard to the Executive branch agencies and departments. The final section of the book shifts the focus a bit from the budget to management, looking at the role that OMB plays in terms of managing the entirety of the Executive branch and also managing itself. The authors in this section also include OMB employees, who speak to their own experiences working inside this complex and important agency and the role and position that OMB holds in relation to the president, the presidency, and the Executive branch. This is a fascinating and useful examination of the many dimensions of the Office of Management and Budget, placing the agency in historical, political, and institutional context.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

Heritage Politics in China: The Power of the Past (Routledge, 2020) studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present.As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies, and interviews with policymakers, practitioners, and local communities, the authors offer a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China.Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to Jonathan Swift (1667-1745) 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' Connecting the politics of abolition to wider emancipatory struggles for liberation and social justice, David Scott's book For Abolition: Essays on Prisons and Socialist Ethics (Waterside Press, 2020) argues that penal abolitionism should be understood as an important public critical pedagogy and philosophy of hope that can help to reinvigorate democracy and set society on a pathway towards living in a world without prisons. For Abolition draws upon the socialist ethics of dignity, empathy, freedom and paradigm of life to systematically critique imprisonment as a state institution characterised by 'social death'. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The rights of pregnant workers as well as (the lack of) paid maternity leave have increasingly become topics of a major policy debate in the United States. Yet, few discussions have focused on the U.S. military, where many of the latest policy changes focus on these very issues. Despite the armed forces' increases to maternity-related benefits, servicewomen continue to be stigmatized for being pregnant and taking advantage of maternity policies. In Militarized Maternity: Experiencing Pregnancy in the U.S. Armed Forces (U California Press, 2021) , Megan McFarlane analyzes military documents and conducts interviews with enlisted servicewomen and female officers. She finds a policy/culture disparity within the military that pregnant servicewomen themselves often co-construct, making the policy changes significantly less effective. McFarlane ends by offering suggestions for how these policy changes can have more impact and how they could potentially serve as an example for the broader societal debate.Dr. Megan McFarlane is an Assistant Professor at Marymount University. Her most recent research centers on women’s reproductive health care policies, with a particular focus on maternity (pre-pregnancy, pregnancy, and postpartum). Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at SUNY 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

Americans rely on credit to provide for their food, clothing, shelter, transportation, and other daily necessities and the 2008 financial crisis demonstrated how they relied on private financial institutions that encouraged risky lending practices. Yet federal policy makers did little to change their approach to curbing risky lending practices and there was little political response from consumers or consumer groups. How can political scientists explain the behavior of government actors, interest groups, or borrowers? In Democracy Declined: The Failed Politics of Consumer Financial Protection (U Chicago Press, 2020), Dr. SoRelle insists that the expansion of consumer financing -- in terms of access and economic significance -- is fundamentally a political issue with serious political and economic consequences. She offers a policy-centered explanation sensitive to what she calls regulatory feedback effects that shape the behavior of bureaucrats, consumer advocates, and ordinary Americans. Individuals did not fail – they responded to systemic incentives and goals. SoRelle explains how angry borrowers' experiences with nearly invisible government policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals--they threaten the stability of entire economies. In addition to explaining the political dynamics of failure, SoRelle identifies possible remedies. This multi-method scholarship contributes to our understanding of policy feedback in an important and timely case study.Dr. Mallory E. SoRelle is an assistant professor at the Sanford School of Public Policy at Duke University. Her research interrogates how public policies are produced by, and how they reproduce, socioeconomic and political inequality in the United States. She has worked in both electoral politics and consumer advocacy. The podcast drops the week of the 10th anniversary of the Consumer Financial Protection Bureau.Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists appeared in the Washington Post’s Monkey Cage and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” can be found in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is China's new vision for regulating cyberspace? What does its new Data Security Law intend to do? Is China's Personal Information Protection Law comparable to Europe’s GDPR? What are the ramifications of China's plan to become a major global cyberpower in other parts of the world? In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, Rogier Creemers, an Assistant Professor in Modern Chinese Studies at Leiden University, discusses China's latest laws and policies in the digital space and China's plans to become a global AI leader.Creemers says China’s new Data Security Law is innovative and unique as it potentially covers every piece of data in the country. He explains that personal information protection in China's legal context concerns more about confidentiality rather than privacy. He observes how China's regulations targeting tech platforms share significant similarities with the ones in the EU. As China and Europe come to a convergence in terms of what is happening in the digital space, a previous notorious term, "cyber sovereignty", is gaining popularity.Rogier Creemers has a background in Sinology and a PhD in Law. His research focuses on Chinese domestic digital technology policy, as well as China's growing importance in global digital affairs. He is the principal investigator of the NWO Vidi Project "The Smart State: Big Data, Artificial Intelligence and the Law in China". For the Leiden Asia Centre, he directs a project on China and global cybersecurity, funded by the Dutch Ministry of Foreign Affairs. He is also a co-founder of DigiChina, a joint initiative with Stanford University and New America.The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University.We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcastAbout NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law