New Books in 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

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

“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

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

Rough Draft: Cold War Military Manpower Policy and the Origins of Vietnam-Era Draft Resistance (Cornell University Press, 2019) draws the curtain on the race and class inequities of the Selective Service during the Vietnam War. Amy J. Rutenberg argues that policy makers' idealized conceptions of Cold War middle-class masculinity directly affected whom they targeted for conscription and also for deferment. Federal officials believed that college educated men could protect the nation from the threat of communism more effectively as civilians than as soldiers. The availability of deferments for this group mushroomed between 1945 and 1965, making it less and less likely that middle-class white men would serve in the Cold War army. Meanwhile, officials used the War on Poverty to target poorer and racialized men for conscription in the hopes that military service would offer them skills they could use in civilian life.As Rutenberg shows, manpower policies between World War II and the Vietnam War had unintended consequences. While some men resisted military service in Vietnam for reasons of political conscience, most did so because manpower polices made it possible. By shielding middle-class breadwinners in the name of national security, policymakers militarized certain civilian roles—a move that, ironically, separated military service from the obligations of masculine citizenship and, ultimately, helped kill the draft in the United States.Amy J Rutenberg is Associate Professor of History and Co-Coordinator of the Social Studies Education Program at Iowa State University. Her work has appeared in Cold War History, The New York Times, and TheAtlantic.com.Catriona Gold is a PhD candidate in Geography at University College London. Her current work concerns the politics of travel in Cold War US; she has previously published on US military intervention in the 2013-16 Ebola epidemic. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. In Beyond Cages: Animal Law and Criminal Punishment (Cambridge UP, 2019), Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Defined By Relationship is based on an in-depth filmed conversation between Howard Burton and Charles Foster, who is a writer, traveller, veterinarian, barrister, philosopher and Fellow of Green Templeton College, University of Oxford. This wide-ranging conversation provides a detailed exploration of several of his books in many different fields with a particular focus on Human Dignity in Bioethics and Law and the New York Times Bestseller Being a Beast.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

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments. This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here.Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law.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