Disability, Care and Family Law (Routledge 2021) examines the issues at the intersection of disability, care and family law. Professors Beverley Clough and Jonathan Herring challenge dominant narratives in family law, which disadvantage people with disabilities. The book enables the questioning of structural norms in policy and society which situates disability as private familial concern. It calls to the forefront marginalised voices to unveil complexities in seemingly neutral laws when applied...
Aug 23, 2023•1 hr 7 min•Ep. 195
Two blockbuster cases came down in June of 2022. The Dobbs decision overturned Roe v. Wade and New York State Rifle & Pistol Association v. Bruen substantially expanded Second Amendment rights and limited the power of states to regulate concealed carry of firearms. Bruen affected thousands of Americans who have had their laws overturned and radically changed the method by which federal judges evaluate firearms law. Two remarkable scholars of the Second Amendment and firearms law explain how ...
Aug 22, 2023•52 min•Ep. 20
Does it matter if judges are nice to each other? The Elevator Effect: Contact and Collegiality in the American Judiciary (Oxford UP, 2023)argues that how judges interact with each other has an important effect at every stage of their judicial process. Previously, scholars have explained judicial behavior in terms of the law, the ideological attitudes of the judges, external and internal constraints, and the background characteristics of the judges, such as gender, race, or prior professional exp...
Aug 21, 2023•57 min
Few of us need convincing that the American health insurance system needs reform. But many of the existing proposals focus on expanding one relatively successful piece of the system or building in piecemeal additions. These proposals miss the point. As the Stanford health economist Liran Einav and the MIT economist and MacArthur Genius Amy Finkelstein argue, our health care system was never deliberately designed, but rather pieced together to deal with issues as they became politically relevant....
Aug 21, 2023•56 min•Ep. 159
On today’s podcast, we are changing things up a bit. Instead of interviewing the author of a recent book, I am interviewing another podcaster about their recent narrative podcast season. So, today, I’m interviewing Joel Anderson , staff writer at Slate, co-host of Hang Up and Listen , and the host of Seasons 3, 6, and, most recently, 8 of Slow Burn. On this episode, I chop it up with Joel about Season 8 of Slow Burn, titled, Becoming Justice Thomas . Adam McNeil is a Ph.D. Candidate in History a...
Aug 20, 2023•54 min•Ep. 393
Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins (Cambridge UP, 2021), Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (que...
Aug 16, 2023•22 min•Ep. 352
Diversity in higher education is under attack as the Supreme Court limits the use of race-conscious admissions practices at American colleges and universities. In On the Basis of Race: How Higher Education Navigates Affirmative Action Policies (NYU Press, 2023), Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard a...
Aug 16, 2023•35 min•Ep. 158
Benjamin Y. Fong is author of the new book Quick Fixes: Drugs in America from Prohibition to the 21st Century Binge , which was just released in July, 2023 by Verso Books. Ben is an honors faculty fellow and associate director of the Center for Work & Democracy at Arizona State University, and his work has appeared in Jacobin, Catalyst, and the New York Times . Previously, Ben’s work focused on the (usually negative) effects of neoliberal capitalism, writing about NGOs , labor leaders , and ...
Aug 15, 2023•45 min•Ep. 56
In 1686 in Geneva, a single mother named Jeanne Catherine Thomasset is charged with poisoning two young children: her own illegitimate daughter and the son of a rural wet nurse. So begins a harrowing criminal trial during which authorities interrogate Jeanne Catherine several times, sometimes with torture, to determine the truth. Sara Beam's The Trial of Jeanne Catherine: Infanticide in Early Modern Geneva (University of Toronto Press, 2021) is a suspenseful historical mystery that offers studen...
Aug 14, 2023•54 min•Ep. 46
Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates (Cambridge UP, 2022) traces the development and evolution of the free speech ...
Aug 09, 2023•1 hr 10 min•Ep. 194
Postscript invites scholars to react to contemporary political events and today’s podcast welcomes an expert on domestic violence and firearms law to analyze a controversial Second Amendment case that the United States Supreme Court will hear this Fall, United States v. Rahimi . Kelly Roskam, JD is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Prevention and Policy . She studies the constitutional implications of, advocates for, and works to improve the implementati...
Aug 07, 2023•46 min•Ep. 19
This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations w...
Aug 06, 2023•57 min•Ep. 61
The expansion of space travel is much discussed but always seems subject to delay. Why is that and when will it happen on a much larger scale? Douglas Ligor has been considering that issue for the Rand corporation – and he talks to Owen Bennett-Jones about the prospects for space travel. Ligor is co-author of Assessing the Readiness for Human Commercial Spaceflight Safety Regulations (Rand, 2023) and International Space Traffic Management: Charting a Course for Long-Term Sustainability (Rand, 20...
Aug 05, 2023•42 min•Ep. 72
Why have issues of human rights become so contentious in Indonesia, 25 years after the much-heralded post-Suharto democratic transition? What kind of role has the Indonesian Foundation of Legal Aid Institutes, or LBH, performed in this field? Should those working on human rights try to work with governments and power-holders, or adopt an oppositional stance towards them? Timothy Mann is a postdoctoral researcher at the Nordic Institute of Asian Studies, and recently completed his PhD on Indonesi...
Aug 04, 2023•23 min•Ep. 192
As the last few months of landmark Supreme Court decisions have showcased, Clarence Thomas is one of the most important men in America. To wrap up our Summer of Law series, Judge Amul Thapar discusses his recent book, The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him ( Regnery Publishing, 2023), digging into Justice Thomas's judicial legacy and some of his most interesting, influential, and surprising decisions. Amul Thapar is serves as a judge on the United St...
Aug 01, 2023•42 min•Ep. 81
In Terror Trials: Life and Law in Delhi's Courts (Fordham UP, 2022), Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—wh...
Jul 30, 2023•47 min•Ep. 201
Online privacy is under constant attack by social media and big data technologies. But we cannot rely on individual actions to remedy this—it is a matter of social justice. In The Private Is Political: Networked Privacy and Social Media (Yale UP, 2023), Alice E. Marwick offers a new way of understanding how privacy is jeopardized, particularly for marginalized and disadvantaged communities—including immigrants, the poor, people of color, LGBTQ+ populations, and victims of online harassment. Marw...
Jul 30, 2023•37 min•Ep. 346
Advance Directives in Asia: A Socio-Legal Analysis (Cambridge UP, 2023) , edited by Daisy Cheung and Michael Dunn is the first book to consider the concept of advance directives in Asia. It is unique in its depth and breadth as it brings together an extensive number of Asian jurisdictions to draw out the ways that advance directives are regulated in law and practice across the region. In their analysis Cheung and Dunn provide overall observations towards a concept of "generative accomodation". A...
Jul 28, 2023•54 min•Ep. 193
What’s safer than baby powder? Parents have been trusting Johnson & Johnson for over 100 years to powder their baby’s bottoms. Yet, numerous studies have revealed the presence of trace amounts of asbestos in this talc-based powder. Thousands of parents now claim that this asbestos is responsible for their cancers. A Reuters investigation catalogued this evidence and the fact that J&J knew about the asbestos since the 1950s, yet continued to sell the powder. Johnson & Johnson is propo...
Jul 26, 2023•58 min•Ep. 58
The Supreme Court recently wrapped up their term – and announced that they will hear a very controversial case about domestic abuse, the power of Congress, and the right to keep and bear arms called United States v. Rahimi . The Court will decide whether a Texas man who assaulted his girlfriend in a parking lot and threatened to shoot her if she told anyone has been deprived of his Second Amendment rights. When the assaulted woman later obtained a restraining order against Mr. Zackey Rahimi, fed...
Jul 24, 2023•55 min•Ep. 18
What is natural law, and what does it have to do with originalism? Why does the Right defend religion yet so often struggle to define it? Next up in our "Summer of Law" series, Hadley Arkes, the Edward Ney Professor Emeritus of Jurisprudence Emeritus at Amherst College and the Founder and Director of the James Wilson Institute sits down to chat about his recent book, Mere Natural Law: Originalism and the Anchoring Truths of the Constitution (Regnery Publishing, 2023). More on Prof. Arkes is avai...
Jul 18, 2023•1 hr 5 min•Ep. 80
Glenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him. Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to ...
Jul 15, 2023•44 min•Ep. 389
The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance. Democracy requires two critica...
Jul 15, 2023•56 min•Ep. 394
From the colonial through the antebellum era, enslaved women in the US used lethal force as the ultimate form of resistance. By amplifying their voices and experiences, Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance (Cambridge UP, 2023) strongly challenges assumptions that enslaved women only participated in covert, non-violent forms of resistance, when in fact they consistently seized justice for themselves and organized toward revolt. Nikki M. Taylor expertly reveals how wome...
Jul 15, 2023•30 min•Ep. 10
How should we understand contemporary migration policy? In Radical Hospitality: American Policy, Media, and Immigration (Rutgers UP, 2022), Nour Halabi, an Interdisciplinary Fellow at the University of Aberdeen , explores this question by blending history, media studies, and a range of critical theory to introduce the idea of radical hospitality. Using detailed historical and contemporary case studies- from the 1880s and the Chinese Exclusion Act, through the 1920s and the National Origins Act, ...
Jul 13, 2023•39 min•Ep. 393
The doctrine of the modern law of the sea is commonly believed to have developed in Renaissance Europe. The role of Islamic law of the sea and customary practices is often ignored though. In Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought (Cambridge UP, 2019), Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international l...
Jul 12, 2023•49 min•Ep. 68
In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it. Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—b...
Jul 12, 2023•57 min•Ep. 25
Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK. Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools...
Jul 11, 2023•1 hr 6 min•Ep. 192
Each June in the United States, scholars, journalists, law makers, law enforcers, lawyers, and members of the public wait for the announcement of major decisions from the Supreme Court. Justices often read a summary of their decision from the bench dressed in their robes. Paper copies are available in a special office – and more recently on the Supreme Court website. This year, the Supreme Court opinions have shaped policy on affirmative action, public accommodation for LGBTQ+ people, voting rig...
Jul 10, 2023•55 min•Ep. 665
Over the past several decades, the vibrant, multiethnic borough of Queens has seen growth in the community of Nepali migrants, many of whom are navigating the challenging bureaucratic process of asylum legalization. Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York (U Washington Press, 2023) follows them through the institutional spaces of asylum offices, law firms, and human rights agencies to document the labor of seeking asylum. As an interpreter and a volunteer at a grassr...
Jul 09, 2023•1 hr 41 min•Ep. 238
