New Books in Law

Of the dozens of juicy questions for future inquiry that Dr. Michelle Nario-Redmond provides at the end of Ableism: The Causes and Consequences of Disability Prejudice (Published by Wiley in 2021), the following stands out the most to me, in my various group-membership roles:How do we build common ground between disadvantaged groups for effective cross-impairment coalitions?Though it seemed impossible for this question to feel any more urgent after over a year and a half of COVID-19 and the parallel prominence of social movements to make Black Lives Matter, a recent article by my latest author crush unpacking a profoundly intersectional moment in the meme culture of what we should be calling (thanks to Neal Stephenson’s 30-year old book) Metaverse 1.0 – AKA social media, especially those platforms now owned by the maybe-monopoly formerly known as Facebook – reminded me again of the immense possibilities of disability as a political identity (see Annamma & Morrison, 2018, particularly the footnotes for more background on this). Nicole Froio’s article-that-should-become-a-book extrapolates from a celebrity’s (whack!) Instagram post as an exemplification of what the writer dubs the masculine “performativity of doing the least,” in which the “‘model’ heterosexual family consists of an all-sacrificing mother, a paternalistic father, and children free from disability.”The timing of Froio’s deft analysis and the 34,000 likes it has garnered–compared to the upwards of 2 million bestowed upon the post in question—remind me of beloved if nuclear boomer Bill Maher’s synchronous editorial segment comparing “model citizen” Greta Thunburg (who is autistic), with 13 million followers, to the “model” (capitalist straight femme normate) Kylie Jenner, with 279 million.Christina Anderson Bosch is an assistant professor of special education at the California State University, Fresno, also on Twitter @DocCABosch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An earlier Postscript explained what was at stake for concealed carry laws in a case before the U.S. Supreme Court – and guessed at what the oral arguments might reveal. Now that arguments have been heard in New York State Rifle & Pistol Association v. Bruen, three legal scholars join the podcast to analyze the oral argument. Even if you are not a SCOTUS junky -- this conversation is important because 80 million (or 25% of) Americans may have their democratically crafted gun laws overturned by the decision of 9 justices.Jacob D. Charles is the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. His extensive public-facing scholarship includes a new piece in the Washington Post’s Monkey Cage, “Supreme Court justices sounded suspicious of New York’s gun law. Here’s what might come next.”Eric Ruben is an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow. Working at the intersection of criminal law, legal ethics, and the Second Amendment, his scholarship has been published in law reviews such as California, Duke and Georgetown as well as public facing outlets like The Atlantic, New York Times, Vox, Jurist, The Conversation, and Scotusblog. He organized -- and contributed scholarship to the 2021 Brennan Center Report, Protests, Insurrection, and the Second Amendment.Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). Among his numerous law review articles is “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) in which he and Reva Siegel interrogate the impact of gun rights on free speech. Recently, he has been a guest on the podcast Strict Scrutiny, contributed to the New York Times and NPR reporting of the case.Joseph and Eric’s recent op ed, “No, courts don’t treat the Second Amendment as a ‘second-class right’: The latest gun-rights case may hinge on some conservatives’ sense of victimhood” just appeared in the Washington Post.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/law

In her multilayered and thoroughly researched new book The Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship (I. B. Tauris, 2021), Sana Haroon examines the interaction and intersection of varied legal regimes, devotional practices, and conceptions of sacred space invested in the institution and structure of the mosque in South Asia. This book combinies dense yet markedly accessible archival research with the close reading of a range of texts and legal/political strivings of a range of previously unexplored actors, including prayer leaders, scholars, mosque managers, lawyers, colonial magistrates, and local notables. Through this exercise, Haroon documents in vivid detail the aspirations and ambiguities that drove a variety of claims over the meaning and place of the mosque in South Asian Islam and Muslim identity during the colonial moment fraught with vigorous intra-Muslim and interreligious contestations over this question. Lucidly composed and theoretically invasive, this book is sure to spark important conversations among scholars from a range of academic fields and disciplines.SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize and was selected as a finalist for the 2021 American Academy of Religion Book Award. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Americans conjure the image of the signing of the Constitution of the United States, they often think about the various paintings that depict the Founders looking to George Washington on the dais at the convention. It is this snapshot of history that embodies Americans’ perceptions of the Founders and their conviction in the creation of the great nation. What Americans fail to understand about America’s Founding is the overwhelming anxieties that many of the Founders experienced, especially as they lived in the new republic that they had created. Not only did they find themselves anxious about the future of the new country, but many were also explicitly pessimistic about the future that they noted in so much of their later writings and letters. Dennis C. Rasmussen, in his new book Fears of a Setting Sun: The Disillusionment of American Founders, addresses this gap in research on the American Founding, and on the Founders themselves. Washington, Hamilton, Adams, Jefferson, and Madison all wondered whether the system they had worked to establish, build, and defend would live beyond their own generation.In Fears of a Setting Sun: The Disillusionment of America's Founders (Princeton UP, 2021), Rasmussen explores the enduring arguments made by George Washington, Thomas Jefferson, Alexander Hamilton, and John Adams that convinced them of America’s inevitable demise. Modern Americans conceptualize the founding of the United States as an isolated moment in time, and rarely consider the reality of how the Founders spent the remainder of their lives putting the Constitution to work. Rasmussen places the founders’ fears in context of the ongoing chaos of the late 1700’s where other countries were facing revolution, treason, and anarchy. Fear of a Setting Sun’s purpose is not to disregard the founders’ optimism in the system they created, and in fact the book heralds James Madison’s lifelong optimism and belief that the American experiment would prevail—though he is at odds with the other major Founders in this regard. Fear of a Setting Sun explores the Founders’ disillusionment in order to provide a fuller meaning of American constitutionalism and the value that is formed in its implementation. Rasmussen provides a perspective that changes what scholars and the general public believe and know about the founding of the republic, the historical stakes at the time of the founding, and how the Founders generally grew more pessimistic over time about the potential for the new republic to achieve its great potential.This book will be of interest to political scientists, historians, students and scholars of the founding period and the ideas and personalities that dominated the early days of the American republic.Shaina Boldt assisted with this podcast.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

Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary (Cambridge UP, 2020) tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent.Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. His research has been published in journals such as the American Journal of Political Science, Political Analysis, Journal of Economic Perspectives, Journal of Law, Economics, and Organization, and JAMA Internal Medicine.Maya Sen is Professor of Public Policy at Harvard University's John F. Kennedy School of Government. Her research has been published in journals such as the American Political Science Review, the American Journal of Political Science, and the Journal of Politics, and has been covered by the New York Times, the Washington Post, The Economist, National Public Radio, and other outlets.Ursula Hackett is Senior Lecturer in Politics at Royal Holloway, University of London. Her Cambridge University Press book America's Voucher Politics: How Elites Learned to Hide the State won the 2021 Education Politics and Policy Best Book Award from the American Political Science Association. Her writing guide Brilliant Essays is published by Macmillan Study Skills. She tweets @UrsulaBHackett. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Epicurean Republic is based on an in-depth filmed conversation between Howard Burton and award-winning author and independent scholar Matthew Stewart. In his later years, Thomas Jefferson referred to “the revolutionary part of the [American] Revolution”, which for him meant the founding ideals that would serve as a model for the world on how to build a modern state, as opposed to an incidental squabble between one country and its former colonists. This wide-ranging conversation explores how many of these ideals that Jefferson referred to are part of an intellectual thread that passes through key Enlightenment thinkers such as Spinoza and can be traced all the way back to Epicurus.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

Simon Egbert and Matthias Leese's Criminal Futures: Predictive Policing and Everyday Police Work (Routledge, 2020) explores how predictive policing transforms police work. Police departments around the world have started to use data-driven applications to produce crime forecasts and intervene into the future through targeted prevention measures. Based on three years of field research in Germany and Switzerland, this book provides a theoretically sophisticated and empirically detailed account of how the police produce and act upon criminal futures as part of their everyday work practices.The authors argue that predictive policing must not be analyzed as an isolated technological artifact, but as part of a larger sociotechnical system that is embedded in organizational structures and occupational cultures. The book highlights how, for crime prediction software to come to matter and play a role in more efficient and targeted police work, several translation processes are needed to align human and nonhuman actors across different divisions of police work.Police work is a key function for the production and maintenance of public order, but it can also discriminate, exclude, and violate civil liberties and human rights. When criminal futures come into being in the form of algorithmically produced risk estimates, this can have wide-ranging consequences. Building on empirical findings, the book presents a number of practical recommendations for the prudent use of algorithmic analysis tools in police work that will speak to the protection of civil liberties and human rights as much as they will speak to the professional needs of police organizations.An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and cultural studies as well as to police practitioners and civil liberties advocates, in addition to all those who are interested in how to implement reasonable forms of data-driven policing.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On 16 August 2021, Muhyiddin Yaseen resigned as Prime Minister of Malaysia, with Ismail Sabri Yaakub sworn in as the new Prime Minister a week later, making him Malaysia’s third Prime Minister in two years. This marked the return to power of UMNO, or the United Malays National Organisation, and the graft-tainted coalition that had been ousted from power in 2018. Meanwhile, another former Prime Minister, Najib Razak, is eyeing a return to Parliament, notwithstanding a conviction and 12-year prison sentence for abuse of power and ongoing trials for corruption. His wife Rosmah Mansur is also now facing three corruption charges.Associate Professor Salim Farrar joins Dr Natali Pearson on SSEAC Stories to talk about corruption and the politics of public prosecution in Malaysia, surveying the landscape of law and justice in Malaysia now and beyond, through a re-evaluation of Vision 2020.About Salim Farrar:Salim Farrar is Director of Islamic Law, an Associate Director of the Centre for Asian and Pacific Law at the University of Sydney and an Associate Professor in the Sydney Law School. He researches in Comparative and Islamic Laws, with focuses on law and development in predominantly Muslim states, the legal accommodation of Muslim minorities and the Malaysian legal system (especially in criminal justice). His most recent published research explores law and justice in Malaysia post the 2018 GE14. He is the joint editor (with Paul Subramaniam) of ‘Law and Justice in Malaysia: 2020 and Beyond’ (2021, Thomson Reuters), editor of ‘Law and Development in the Islamic World’ Law and Development Review (Special Edition), Vol 13 (2) (2020) and joint author (with Ghena Krayem) of ‘Accommodating Muslims under Common Law’ (2017, 2018, Routledge).For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1917, the adoption of the revolutionary Mexican Constitution and the October Revolution shook the foundations of international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, particularly to foundational concepts of property, statehood and non-intervention, and the role of law itself. Revolutions in International Law: The Legacies of 1917 (Cambridge UP, 2021) asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle, global anti-imperialist and anti-racism movements to this day. Listen in and see how these complex events shaped international law, human rights and anti-imperialist movements globally. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Don F. Selby’s Human Rights in Thailand (U Pennsylvania Press, 2018) is a rich anthropological study of the emergence of human rights in Thailand at a national scale following the adoption of the 1997 “People’s Constitution” and establishment of the Human Rights Commission of Thailand. The book argues that what gave emergent human rights in Thailand their shape, force, and trajectories are the ways that advocates engaged, contested, or reworked debates around Buddhism in its relationship to rule and social structure; political struggle in relation to a narrative of Thai democracy that disavowed egalitarian movements; and traditional standards of social stratification and face-saving practices. In this way, human rights ideals in Thailand emerge less from global-local translation and more as a matter of negotiation within everyday forms of sociality, morality, and politics.Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bend. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law