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New Books in Law

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  • Interviews with Scholars of the Law about their New Books Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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  • Postscript: The Supreme Court’s Decisions on Bump Stocks and Mifepristone

    Postscript: The Supreme Court’s Decisions on Bump Stocks and Mifepristone
    Jun 20 2024
    In this episode of our occasional series, Postscript, we focus on the Supreme Court’s recently published decisions in two cases, about guns and abortion, but more about how the Executive and Judicial branches of government function in the United States. Constitutional Law scholar (and New Books in Political Science co-host) Susan Liebell takes us through Garland v. Cargill, which focused on the Trump Administration’s implementation of a prohibition against bump stocks for rifles following the deadly shooting in Las Vegas, Nevada in 2017. Liebell, a published expert on the Second Amendment and the long history of gun regulation in the United States, explains the thrust of the case, which is only tangentially connected to the Second Amendment, but calls into question the Bureau of Alcohol, Tobacco, and Firearm’s (ATF) expertise, particularly in context of the majority opinion’s decision that the ATF was not using its administrative power correctly. The majority opinion, written by Justice Clarence Thomas, may signal the Supreme Court’s inclinations towards Chevron deference, which is also before the Court this term in the case of Loper Bright Enterprises v. Raimondo. Liebell, also an expert on abortion access, reproductive health regulation, and citizenship, explains the Court’s unanimous decision in Food and Drug Administration v. Alliance for Hippocratic Medicine. The opinion, written by Justice Brett Kavanaugh, focused solely on the question of standing, and whether the Alliance for Hippocratic Medicine actually qualified to bring the case since there was no clear injury that had been sustained in the suit they brought before the District Court in Amarillo, Texas. Thus, the drug Mifepristone, which was to be banned nationwide in the initial court ruling by U.S. District Judge Matthew Kacsmaryk, was not banned as a result of this lawsuit brought by the Food and Drug Administration. This case, not dissimilar from Garland v. Cargill, focuses on procedural questions more than it focuses on other issues. And the unanimous decision is about that legal procedure, not about the FDA, or the process to through which drugs are brought to market in the United States, or about the Alliance for Hippocratic Medicine’s indictment of the process for prescribing mifepristone. Our conversation threads through these cases, and others (like Dobbs v. Jackson Women’s Health Organization and District of Columbia v. Heller) that set the foundation for these cases to come forward. 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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    37 m
  • Aziz Rana, "The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them" (U Chicago Press, 2024)

    Aziz Rana, "The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them" (U Chicago Press, 2024)
    Jun 19 2024
    In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (U Chicago Press, 2024) also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights that Rana reconstructs to forward an ambitious and comprehensive vision for moving past the constitutional bind. Aziz Rana is a Professor and Provost’s Distinguished Fellow at Boston College Law School and the incoming J. Donald Monan, S.J., University Professor of Law and Government (beginning 2024). Vatsal Naresh is a Lecturer in Social Studies at Harvard University. He is the editor of Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018). 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 h y 16 m
  • Rhodri Davies, "What Is Philanthropy For?" (Bristol UP, 2023)

    Rhodri Davies, "What Is Philanthropy For?" (Bristol UP, 2023)
    Jun 19 2024
    In recent years, philanthropy, the use of private assets for the public good, has come under renewed scrutiny. Do elite philanthropists wield too much power? Is big-money philanthropy unaccountable and therefore anti-democratic? And what about so-called "tainted donations" and "dark money" funding pseudo-philanthropic political projects? The COVID-19 pandemic has amplified many of these criticisms, leading some to conclude that philanthropy needs to be fundamentally reshaped to play a positive role in our future. In What is Philanthropy For? (Bristol University Press, 2023), Rhodri Davies examines why it's important to ask what philanthropy is for, as it has shaped our world for centuries. Considering the alternatives, including charity, justice, taxation, the state, democracy, and the market, he explores the pressing questions that philanthropy must tackle to be equal to the challenges of the 21st century. 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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    38 m
Ciencias Sociales Ciencia
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