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  • Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

    Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney
    2024/09/18
    In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 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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    51 分
  • Kevin J. McMahon, "A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People" (U Chicago Press, 2024)

    Kevin J. McMahon, "A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People" (U Chicago Press, 2024)
    2024/09/16
    Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. Historically, the Supreme Court has always had some “democracy gap” – democratically elected presidents appoint justices that serve for life. As presidents select justices, they attempt to move the Supreme Court in their desired ideological direction while “simultaneously advancing their electoral interests and managing their governing coalition.” Despite these forces, Dr. McMahon argues that past Supreme Courts were still closer to democratic principles. Today’s court is exceptional because the “democracy gap” is severe. A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (U Chicago Press, 2024) draws on historical and contemporary data to reveal how the long arc of court battles (from FDR to Donald Trump) created this democracy gap. McMahon highlights changes to the politics of nominating and confirming justices, the changes in who is even considered to be in the pool to be a Supreme Court justice, and the increased salience of the Court in elections. Dr. Kevin J. McMahon (he/him) is the John R. Reitemeyer [RightMeyer]Professor of Political Science at Trinity College, and the author of two award-winning books, Reconsidering Roosevelt on Race and Nixon’s Court, both published by The University of Chicago Press. Together with A Supreme Court Unlike Any Other, the three books form a trilogy that interrogates whether 100 years of presidential efforts to shape the high court affect the supreme court’s democratic legitimacy. Dr. McMahon also writes public facing essays in outlets such as US News & World Report and The Conversation. For example, The Presidential Immunity Case & American Democracy, President Biden & the Courage it Takes to Call it Quits, Conservative Justices Polarized on the State of American Politics, and Calls for a Supreme Court Justice to Retire. Susan mentioned a stark New York Times graphic of how 6 senators (CA, NY, TX) represent the same number of voters as 62 senators. 2022 data (but less dramatically presented) is here. 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 時間
  • Michael L. Walker, "Indefinite: Doing Time in Jail" (Oxford UP, 2022)

    Michael L. Walker, "Indefinite: Doing Time in Jail" (Oxford UP, 2022)
    2024/09/15
    Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American jails admit over ten million people every year, but very little is known about what happens to them while they're locked away. Indefinite: Doing Time in Jail (Oxford UP, 2022) is an ethnographic study of a California county jail that reflects on what it means to do jail time and what it does to men. Michael L. Walker spent several extended spells in jail, having been arrested while trying to pay parking tickets in graduate school. This book is an intimate account of his experience and in it he shares the routines, rhythms, and subtle meanings that come with being incarcerated. Walker shows how punishment in jail is much more than the deprivation of liberties. It is, he argues, purposefully degrading. Jail creates a racial politics that organizes daily life, moves men from clock time to event time, normalizes trauma, and imbues residents with substantial measures of vulnerability. Deputies used self-centered management styles to address the problems associated with running a jail, some that magnified individual conflicts to potential group conflicts and others that created divisions between residents for the sake of control. And though not every deputy indulged, many gave themselves over to the pleasures of punishment. 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 分
  • Jennifer Redmond and Mary McAuliffe, "The Politics of Gender and Sexuality in Modern Ireland: A Reader" (Four Courts Press, 2024)

    Jennifer Redmond and Mary McAuliffe, "The Politics of Gender and Sexuality in Modern Ireland: A Reader" (Four Courts Press, 2024)
    2024/09/14
    Mary McAuliffe is a historian and lecturer in Gender Studies at UCD. Her latest publications include (is The Diaries of Kathleen Lynn co-authored with Harriet Wheelock) and Margaret Skinnider; a biography (UCD Press,2020). Throughout the Decade of Centenaries 2012-2023 she has been conducting extensive research on the experiences of women during the War of Independence and Civil War and is currently completing her book based on that research, OUTRAGE: Gendered and Sexual Violence in the Irish War of Independence and Civil War, 1919-1923 (forthcoming 2025). Jennifer Redmond is Associate Professor in Twentieth Century Irish History in the Department of History at Maynooth University. She is the author of Moving Histories: Irish Women’s Emigration to Britain from Independence to Republic and the co-editor of Irish Women in the First World War Era. She also sits on the Editorial Board for the journal, Women's History Review and for the Documents in Irish Foreign Policy series, a joint initiative of the National Archives of Ireland and the Royal Irish Academy. In this interview, they discuss their new edited collection The Politics of Gender and Sexuality in Modern Ireland (Four Courts Press, 2024) as well as their own intellectual backgrounds and views on Irish history-writing. The Politics of Gender and Sexuality in Modern Ireland is an edited collection of focused, cohesive and persuasive essays, based on the newest research on gender, sexuality and sexual politics. It offers historical reflections and contemporary analyses of issues related to the contested and often hidden histories of sexual politics and gender identities in Ireland in the nineteenth and twentieth centuries. Including but going beyond the binary of male and female heterosexual experience, the book explores LGBTQI+ histories, the treatment of intersex persons, and the history of trans people and activism in Ireland. As an interdisciplinary work, this reader draws together scholars working in a range of fields on innovative, new research on this theme. The essays consider these histories as seen over two centuries and reflect on the societal shifts in modern Ireland as evidenced in two recent referenda and the responses to the scandals emerging from the state’s treatment of unmarried mothers. Aidan Beatty is a lecturer in history at Carnegie Mellon University 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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    59 分
  • Celebrating Constitution Day Pt. 1: A Conversation with Cass R. Sunstein

    Celebrating Constitution Day Pt. 1: A Conversation with Cass R. Sunstein
    2024/09/11
    Join us for an in-depth exploration of Professor Cass Sunstein's latest work, Campus Free Speech (Harvard University Press, September 2024). Together, we'll examine the book’s intriguing take on free speech in academic spaces and the broader implications for constitutional interpretation. Professor Sunstein also delves into the exercise of administrative power, with timely discussions on COVID-era authority and the Supreme Court's decision in Chevron v. Natural Resources Defense Council. Gain unique insights from Sunstein on how the Constitution remains a guiding force for the American public in navigating modern challenges. Cass R. Sunstein is the Robert Walmsley University Professor at Harvard. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. In 2018, he received the Holberg Prize from the government of Norway, sometimes described as the equivalent of the Nobel Prize for law and the humanities. In 2020, the World Health Organization appointed him as Chair of its technical advisory group on Behavioural Insights and Sciences for Health. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs, and after that, he served on the President’s Review Board on Intelligence and Communications Technologies and on the Pentagon’s Defense Innovation Board. Mr. Sunstein has testified before congressional committees on many subjects, and he has advised officials at the United Nations, the European Commission, the World Bank, and many nations on issues of law and public policy. He serves as an adviser to the Behavioural Insights Team in the United Kingdom. Professor Sunstein is author of hundreds of articles and dozens of books, including Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013), The Ethics of Influence (2015), #Republic (2017), Impeachment: A Citizen’s Guide (2017), The Cost-Benefit Revolution (2018), On Freedom (2019), Conformity (2019), How Change Happens (2019), and Too Much Information (2020). He is now working on a variety of projects involving the regulatory state, “sludge” (defined to include paperwork and similar burdens), fake news, and freedom of speech. 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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    50 分
  • Anthony Michael Kreis, "Rot and Revival: The History of Constitutional Law in American Political Development" (U California Press, 2024)

    Anthony Michael Kreis, "Rot and Revival: The History of Constitutional Law in American Political Development" (U California Press, 2024)
    2024/09/09
    One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide. In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods from history, law, and political science to theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Understanding American constitutional law means looking at the relationship among dominant political coalitions, social movements, and the evolution of constitutional law as prescribed by judges. For Kreis, constitutional doctrine does not exist in a philosophical vacuum – it is a “distillation of partisan politics.” Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Kreis uses tools from law, history, and American political development to explain how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. For Kreis, constitutional law is “best understood through the diachronic lens of American Political Development (APD) and the concept of political time. Kreis concludes that the courts have never been—and cannot be—institutions lying outside the currents of national politics. Dr. Anthony Michael Kreis is assistant professor at Georgia State University College of Law where he teaches constitutional law and works at the intersection of law and American Political Development. He earned his undergraduate and law degrees at the University of North Carolina at Chapel Hill and Washington & Lee University, respectively, and his PhD from the School of Public and International Affairs at the University of Georgia. Mentioned: President Lyndon B. Johnson’s March 15, 1965 speech before Congress on voting rights Keith E. Whittington’s Political Foundations of Judicial Supremacy and other works Gerald Rosenberg’s The Hollow Hope: Can Courts Bring About Social Change?  Correction: Justices Sotomayor and Kagan were nominated by President Obama and Justice Jackson was nominated by President Biden. 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 時間 5 分
  • Judge Frederic Block, "A Second Chance: A Federal Judge Decides Who Deserves It" (The New Press, 2024)

    Judge Frederic Block, "A Second Chance: A Federal Judge Decides Who Deserves It" (The New Press, 2024)
    2024/09/05
    The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before U.S. District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release. He then explains the criteria the First Step Act has spelled out for his consideration. And, in a novel twist, he asks the reader, “What would you do?” In A Second Chance: A Federal Judge Decides Who Deserves It (The New Press, 2024), Judge Block puts us out of our suspense in a third section of the book where he tells us what he did do in each case and why, as he weighs each compassionate release request, evaluating issues ranging from “the trial tax,” to sentencing disparities, to judicial incompetence. Finally, Judge Block makes the case that the First Step Act should be extended to state court judges, since state prisons house about 90 percent of those incarcerated. In a book that could be the basis for a new season of Law & Order, Judge Block challenges our ideas about punishment and justice. 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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    28 分
  • Cary Nelson, "Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles" (Academic Studies Press, 2024)

    Cary Nelson, "Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles" (Academic Studies Press, 2024)
    2024/09/04
    Completed shortly before Hamas carried out its barbaric October massacre, Cary Nelson's Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles (Academic Studies Press, 2024) takes up issues that have consequently gained new urgency in the academy worldwide. It is the first book to ask what impact antisemitism has had on the fundamental principles the academy relies on for its identity—academic freedom, free speech rights, standards for hiring or firing faculty members and administrators, and the ethics of academic conduct and debate. Antisemitic hatred is spreading at a fever pitch. What steps can counter it? What damage to students is done when departments embrace anti-Zionism? Should faculty members face consequences for promoting antisemitism on social media? Should universities make a new push to adopt the IHRA Definition of Antisemitism? 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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    41 分