New Books in Public Policy

Many people are familiar with the United States Supreme Court’s merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices’ decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively. But Professor Stephen Vladeck’s new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court’s decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket’ was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket’s longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court’s increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution.Professor Vladeck’s impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck’s suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable.Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court.John Sebastiani served as the editorial assistant for 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/public-policy

“Only recently have scholars outside the historical profession identified progressivism for what it was and continues to be: a fundamental rupture with the roots of American order.”So writes the political scientist and theorist Bradley C. S. Watson in his 2020 book Progressivism: The Strange History of a Radical Idea (U Notre Dame Press). Watson provides an intellectual history of how historians such as Richard Hofstadter tended to underplay what a radical break the Progressive Movement was from American constitutionalism. The book shows that only in recent decades have political theorists entered the fray and rendered clear how dire the ramifications for American society and culture the views on the Constitution of such figures as Theodore Roosevelt and Woodrow Wilson were and what a massive break they were from the legacy of the founders and such advocates of natural rights as Abraham Lincoln.Anyone interested in how American political history was written in the period of roughly 1940-1980 should read this book. So should anyone interested in the differences between the views of historians and political scientists on the same developments.And this is not just a matter of the mindsets of various fields of scholarship. These debates shaped public policy and affected a host of issues such as the rise of the administrative state and the role of expertise in governance, the place of religion (Christianity first and foremost) in American life and the ideology-dependent staffing of the ranks of college social science departments, government entities and other key institutions. All of these developments filtered out to the rest of society.Watson helps us understand what the Progressives (including politicians, academics and theologians such as Walter Rauschenbusch) of the period of roughly 1900-1930 actually said and wrote versus what historians in the decades shortly thereafter said they said.Let’s hear from Professor Watson himself.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/public-policy

Postscript invites authors to react to contemporary political events that engage their scholarship. Since the Supreme Court is wrapping up their term, three political scientists and one law professor joined Susan to talk about the power of the Federalist Society in shaping the courts (and how lawyers might strategically use political science research to get more progressive outcomes), how race, ethnicity, and gender issues have affected the construction of the U.S. Supreme Court over time, and a very lively discussion of this term’s Supreme Court decisions – and also actions outside the Court like Chief Justice Roberts refusing to appear before Congress. Dr. Christine C. Bird, JD, PhD is an Assistant Professor of Political Science at Oklahoma State University and the Director of the Bird Law and Public Policy Lab (LAPP). Her research examines elite interests' influence on public policymaking in the judicial system.  Dr. Zachary McGee, PhD is an Assistant Professor of Political Science at Kenyon College focusing on American political institutions with an emphasis on Congress, political parties, interest groups, and the policy process. Christine and Zach recently co-wrote “Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal,” for Polity’s symposium on the Supreme Court as well as “Going Nuclear: Federalist Society Affiliated Judicial Nominees’ Prospects and a New Era of Confirmation Politics” for American Politics Research (2023).  Dr. Paul Collins, PhD is Professor of Legal Studies and Political Science at the University of Massachusetts Amherst. His research focuses on understanding bias and inequality in the legal system, the selection and work of judges, and social movement litigation.  Dr. Lori A. Ringhand is the J. Alton Hosch Professor of Law at the University of Georgia College of Law. Her work on the confirmation process has been cited in major national and international media outlets. Paul and Lori previously published Supreme Court Confirmation Hearings and Constitutional Change (Cambridge University Press) and they also contributed an article to the Polity Symposium entitled “Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings.” Their co-authors Christina L. Boyd and Karson A. Pennington were unable to join us.Zac mentions Susan’s article in the Polity symposium, The Politics of Law: Capricious Originalism and the Future of the Supreme Court.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/public-policy

On an unseasonably warm October afternoon in Saint Paul, hundreds of people gathered to protest the construction of a proposed copper-nickel mine in the rural northern part of their state. The crowd eagerly listened to speeches on how the project would bring long-term risks and potentially pollute the drinking water for current and future generations. A year later, another proposed mining project became the subject of a public hearing in a small town near the proposed site. But this time, local politicians and union leaders praised the mine proposal as an asset that would strengthen working-class communities in Minnesota.In many rural American communities, there is profound tension around the preservation and protection of wilderness and the need to promote and profit from natural resources. In Mining the Heartland: Nature, Place, and Populism on the Iron Range (NYU Press, 2023), Erik Kojola looks at both sides of these populist movements and presents a thoughtful account of how such political struggles play out. Drawing on over a hundred ethnographic interviews with people of the region, from members of labor unions to local residents to scientists, Kojola is able to bring this complex struggle over mining to life. Focusing on both pro- and anti-mining groups, he expands upon what this conflict reveals about the way whiteness and masculinity operate among urban and rural residents, and the different ways in which class, race, and gender shape how people relate to the land. Mining the Heartland shows the negotiation and conflict between two central aspects of the state's culture and economy: outdoor recreation in the Land of Ten Thousand Lakes and the lucrative mining of the Iron Range.Michael O. Johnston, Ph.D. is an Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington, 2022). His general area of study is about the construction of place in tourist cities and about the people who reside there. He is currently conducting research for his next project on the social construction of tourist cities. To learn more about Michael O. Johnston you can go to his website, Google Scholar, Twitter @ProfessorJohnst, or by email at johnstonmo@wmpenn.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. Criminal Law and the Man Problem (Bloomsbury, 2020) by Dr. Ngaire Naffine brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law.Dr. Naffine’s analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. She explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process, Criminal Law and the Man Problem exposes the morally and intellectually limiting consequences of male power.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

As recently as fifty years ago most people expected to lose their teeth as they aged. Few children benefited from braces to straighten their teeth, and cosmetic procedures to change the appearance of smiles were largely unknown. Today, many Canadians enjoy straight, white teeth and far more of them are keeping their teeth for the entirety of their lives. Yet these advances have not reached everyone.The Smile Gap: A History of Oral Health and Social Inequality (McGill-Queen's UP, 2022) examines the enormous improvements that have taken place over the past century. The use of fluorides, emphasis on toothbrushing, the rise of cosmetic dentistry, and better access to dental care have had a profound effect on the oral health and beauty of Canadians. Yet while the introduction of employer-provided dental insurance in the 1970s has allowed for regular visits to the dentist for many people, a significant number of Canadians still lack access to good oral health care, especially disabled Canadians, those on social assistance, the working poor, the elderly, and new immigrants. At the same time, an attractive smile has become increasingly important in the workplace and in relationships. People with damaged and missing teeth are at a substantial disadvantage, not just because of the pain and suffering caused by poor oral health, but because we live in a society that prizes good teeth and warm smiles.The first history of oral health in Canada, The Smile Gap reveals that despite the gains made, too many Canadians go without any dental care, with damaging consequences for their oral health, general physical health, and self-image. To complete our health care system, it is time to close the gap. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Today I talked to John L. Rudolph about his book Why We Teach Science (and Why We Should) (Oxford UP, 2023).Few people question the importance of science education in American schooling. The public readily accepts that it is the key to economic growth through innovation, develops the ability to reason more effectively, and enables us to solve the everyday problems we encounter through knowing how the world works. Good science teaching results in all these benefits and more -- or so we think. But what if all this is simply wrong? What if the benefits we assume science education produces turn out to be an illusion, nothing more than wishful thinking?John L. Rudolph is Vilas Distinguished Achievement professor in the Department of Curriculum and Instruction at the University of Wisconsin-Madison. He has affiliate appointments in the Department of Educational Policy Studies and the Robert and Jean Holtz Center for Science and Technology Studies and is the past editor-in-chief of the Wiley & Sons journal Science Education. Prior to his faculty appointment, he taught physics, chemistry, and biology in middle schools and high schools across Wisconsin.Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Within political discussions on the Right, social conservatism is on the rise. Why did the Right have a libertarian phase, and why is it leaving it behind? What does social conservatism look like in the world of practical public policy, and what is its future? How do religious citizens fit within the conservative movement?Ryan Anderson '04, is the director of the Ethics and Public Policy Center, a thinktank at the forefront of just such questions. After graduating from Princeton, Dr. Anderson pursued his PhD in Political Philosophy at the University of Notre Dame. He is the co-author of five books, most recently Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery, 2022). His research has been cited by two U.S. Supreme Court justices, Samuel Alito and Clarence Thomas, in two Supreme Court cases. In addition to leading the Ethics and Public Policy Center, Anderson serves as the John Paul II Teaching Fellow in Social Thought at the University of Dallas, and the Founding Editor of Public Discourse, the online journal of the Witherspoon Institute.During the interview, Dr. Anderson references a scatterplot showing that there were more social conservatives than libertarian voters in the 2016 election, which you can find here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

The City Authentic: How the Attention Economy Builds Urban America (U California Press, 2023) is the first book to explore how our cities gentrify by becoming social media influencers—and why it works.Cities, like the people that live in them, are subject to the attention economy. In The City Authentic, author David A. Banks shows how cities are transforming themselves to appeal to modern desires for authentic urban living through the attention-grabbing tactics of social media influencers and reality-TV stars.Blending insightful analysis with pop culture, this engaging study of New York State’s Capital Region is an accessible glimpse into the social phenomena that influence contemporary cities. The rising economic fortunes of cities in the Rust Belt, Banks argues, are due in part to the markers of its previous decay—which translate into signs of urban authenticity on the internet. The City Authentic unpacks the odd connection between digital media and derelict buildings, the consequences of how we think about industry and place, and the political processes that have enabled a new paradigm in urban planning. Mixing urban sociology with media and cultural studies, Banks offers a lively account of how urban life and development are changing in the twenty-first century.Michael O. Johnston, Ph.D. is an Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His general area of study is on media representations of people and place. He is currently conducting research on the branding of cities. I am particularly interested in the similarities and differences in how travel and tourism agencies see a city as compared to how residents and visitors see the same city. To learn more about Michael O. Johnston you can go to his website, Google Scholar, Twitter @ProfessorJohnst, or by email at johnstonmo@wmpenn.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

What is the future for cultural policy? In Cultural Policy Beyond the Economy: Work, Value, and the Social (Edward Elgar, 2023),  Deborah Stevenson, Professor of Sociology and Urban Cultural Research in the Institute for Culture and Society at Western Sydney University, analyses key trends on themes in contemporary cultural policy. The book covers the rise of wellbeing, the dominance of economics, sustainable development, cultural work, inequalities in cultural tastes, and cultural value. Introducing the concept of the art world complex as a frame for both understanding and defending cultural policy, the analysis sets a new agenda for the study of cultural policy. Theoretically rich and packed with empirical examples, the book will be essential reading across arts, humanities, and social sciences, as well as anyone interested in culture today.Dave O'Brien is Professor of Cultural and Creative Industries, at the University of Sheffield. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy