New Books in Law

By: New Books Network
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  • Summary

  • Interviews with Scholars of the Law about their New Books Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
    New Books Network
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Science Social Sciences
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Episodes
  • History and Law with Rodger Citron

    History and Law with Rodger Citron
    Nov 7 2024
    I spoke with an accomplished attorney and innovative law professor Rodger Citron of the Touro Law School about the complex relationships between history and... yes, law. We talked about how the Nuremberg trials of Nazi criminals after World War II shaped the US legal philosophy. We dug into themes like the tensions between originalism and evolving interpretations of the Constitution and how judges’ personal histories impact supposedly objective rulings. We discussed Judge Irving Kaufman (famous for sentencing Julius and Ethel Rosenberg to death in 1951) and how his complex legacy offers insight into the human dimension of the judiciary. We also discussed a recent Supreme Court case, Mallory v. Norfolk Southern Railway Company, to illustrate the evolving (and surprising) tensions between originalism and "Living Constitution" approaches to law. With legal battles over the US elections underway and a bloody land war raging in Europe, this is a timely topic for anyone eager to understand the implications of history to contemporary institutions and events. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    1 hr and 11 mins
  • The Impeachment Power: A Conversation with Keith Whittington

    The Impeachment Power: A Conversation with Keith Whittington
    Nov 6 2024
    In this week’s episode we step into conversation with Keith Whittington about his new book, The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool (Princeton UP, 2024), we explored the historical and constitutional dimensions of impeachment in American politics. Whittington provided a detailed account of how the Founders intended impeachment to function as a safeguard against executive overreach. We discussed the evolution of impeachment cases, from Andrew Johnson to more recent examples, examining how political partisanship and public opinion have shaped its application over time. Whittington also reflected on the implications of impeachment for the health of democratic institutions and constitutional governance today. It was an enlightening discussion on one of the most important, yet often misunderstood, mechanisms in the U.S. Constitution. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. He is the author of You Can't Teach That! The Battle Over University Classrooms (2024), Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019), and Speak Freely: Why Universities Must Defend Free Speech (2018), as well as Constitutional Interpretation (1999), Political Foundations of Judicial Supremacy (2007), and other works on constitutional theory and law and politics. Whittington has spent most of his career at Princeton University, where he served as the William Nelson Cromwell Professor of Politics from 2006 to 2024. He has also held visiting appointments at Georgetown University Law Center, Harvard Law School, and the University of Texas School of Law. Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    49 mins
  • Kirsten Widner and Anna Gunderson, "The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021" (Cambridge UP, 2024)

    Kirsten Widner and Anna Gunderson, "The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021" (Cambridge UP, 2024)
    Oct 31 2024
    There has been a lot of commentary from scholars and journalists as to the meaning of Donald Trump’s three appointments to the United States Supreme Court – with regards to changes in jurisprudence, increased separation of the Court from political processes that legitimate it. Drs. Kirsten Widner and Anna Gunderson have done something a little different using tools from political science. Their new book, The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021 (Cambridge UP 2024), examines how the changing composition of the US Supreme Court affects who participates in advocacy before the Court. Who thinks to bring a case to the Supreme Court and has that changed since three new justices were appointed during the presidency of Donald Trump? Their book argues that Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have changed the behavior of both litigants (people bringing cases) and amicus curiae (groups that write briefs in support of either side). Their study demonstrates that the growing conservatism of the Court radically reshaped the incentives of interested parties and, as a result, their participation in litigation activity. These changes in incentives have both normative and substantive importance – decreasing the power of marginalized groups and increasing opportunities for people and groups with conservative interests. Their study shows how the makeup of the Supreme Court affects the issues heard and which voices are heard loudest in the documents. Kirsten Widner is an Assistant Professor of Political Science at the University of Tennessee, Knoxville. She received her JD from the University of San Diego School of Law and her PhD from Emory University. Her research focuses on the political representation of marginalized and unenfranchised groups. Anna Gunderson is an Associate Professor of Public Affairs at the University of Texas, Austin and she received her PhD from Emory University. She studies American politics; the politics of punishment and policing; judicial politics; state politics; and public policy. Mentioned: Anna Gunderson, Kirsten Widner, and Maggie Macdonald, “Pursuing Change or Pursuing Credit? Litigation and Credit Claiming on Social Media,” Journal of Law and Courts 2024. Rebecca Kreitzer and Candis Watts, “Reproducible and replicable: An empirical assessment of the social construction of politically relevant target groups.” Ann Schneider and Helen Ingram, “Social construction of target populations: Implications for politics and policy” and Policy Design for Democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    1 hr and 7 mins

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