Legal Theory Blog

Legal Theory Bookworm: "The Political Theory of Liberal Socialism" by McManus

The Legal Theory Bookworm recommends The Political Theory of Liberal Socialism by Matthew McManus. Here is a description:

McManus presents a comprehensive guide to the liberal socialist tradition, stretching from Mary Wollstonecraft and Thomas Paine through John Stuart Mill to Irving Howe, John Rawls, and Charles Mills.

Providing a comprehensive critical genealogy of liberal socialism from a sympathetic but critical standpoint, McManus traces its core to the Revolutionary period that catalyzed major divisions in liberal political theory to the French Revolution that saw the emergence of writers like Mary Wollstonecraft and Thomas Paine who argued that liberal principles could only be inadequately instantiated in a society with high levels of material and social inequality to John Stuart Mill, the first major thinker who declared himself a liberal and a socialist and who made major contributions to both traditions through his efforts to synthesize and conciliate them. McManus argues for liberal socialism as a political theory which could truly secure equality and liberty for all.

And from the reviews:

Matt McManus has been an intellectual leader in the revival of liberal socialism, and in this absorbing survey, he shows how strong a basis there is for that position in the past, without disguising how much work it will take to redeem and reinvent it for our future. Indispensable and magisterial.--Samuel Moyn, Author of Liberalism against Itself: Cold War Intellectuals and the Making of Our Times

Liberal socialism? That’s an oxymoron! Absolutely not, says Matt McManus in his brilliant new book. His inspiring and positive vision is exactly what we liberals need to get our mojo back.--Alexandre Lefebvre, Professor of Politics and Philosophy, The University of Sydney, Australia

Matt McManus is a penetrating thinker who recognizes that many of the things our culture war insists are “opposites” are, in fact, nothing of the kind. In an era in which millions have dubbed both liberalism and socialism dead, The Political Theory of Liberal Socialism, offers a retrieval of both traditions. Ranging over canonical liberal and socialist thinkers with ease―from Thomas Paine and John Rawls to Karl Marx and many others―McManus shows how in order to return from their current crises of credibility each ideological tradition must learn from the other. The entire book is an effort at fusing horizons and opening ideological possibilities that have been forgotten. Where the political imagination in North Atlantic societies has grown brittle, narrow, and simplistic, McManus seeks to break it wide open once more.--Jason Blakely, Author of Lost in Ideology and We Built Reality

The Political Theory of Liberal Socialism traces the intellectual roots of a distinct political theory, highlighting its advantages for modern liberals as an ideology for the future (as well as the challenges it may face in theory and in practice). Matt McManus provides a fascinating survey, retrieving the history of this often-overlooked philosophical stance, establishing it as a genuine position (though diverse and sometimes disparate), and critically exploring its positives and possibilities. A must-read for all left-leaning liberals and/or socialists committed to individual flourishing who are looking for an intellectual tradition, providing a stimulating resource for recasting contemporary debates and forming radical policy proposals for the future.--Helen McCabe, Associate Professor in Political Theory, University of Nottingham, UK

So many important works of political theory feel so distant from our moment, but this essential text from Matthew McManus is a welcomed exception. American leftism needs its footing in the scrambled ideological landscape of the 21st century and McManus offers an intellectual bridge between two traditions that are often set in opposition to each other. A must-read for anyone concerned with building a just and compassionate world in the ashes of neoliberalism.--Sean Illing, Host of The Gray Area

In mining a rich and often underappreciated vein of political theory, this book offers a critical and engaging survey of the various ways an important progressive philosophical tradition has sought to reconcile abiding questions of class, community, freedom, and democracy. Part intellectual history, part exercise in retrieval, it will be of interest to anyone keen to explore the points of contact ― both potential and established ― between a humanistic liberalism and an egalitarian socialism.--Luke Savage, Author of The Dead Center and Columnist at Jacobin Magazine

Liberalism and socialism are often held to be in opposition. And yet, as Matt McManus shows in this timely and important book, there is a rich line of thinkers who have sought to - and succeeded in - reconciling these two traditions. In bringing the best of these ideas together for the first time, he has not only done a great service to intellectual history, but assembled a powerful resource for developing the truly emancipatory politics that we so urgently need.--Daniel Chandler, London School of Economics and Political Science, UK

The goal of socialists should be to hold a mirror up to liberals and say that they cannot achieve their goals unless they’re willing to extend liberal principles about equality and freedom from domination to the economy.--Matt McManus, Interview with Jacobin Magazine by Igor Shoikhedbrod

Matthew McManus’s new book, The Political Theory of Liberal Socialism, makes it easier to imagine a more unified left. Using his substantial knowledge of political philosophy, along with his considerable gifts as a narrator of the history of political thought, McManus sets out to “retrieve” a tradition whose “key ethical commitments [have] become occluded, calcified, or perverted into ideology over time.” The hope is that by looking to a past when “liberal socialism” didn’t seem like an oxymoron, we might begin to see our way to a future in which the tradition flourishes once again.--Paul Schofield, Bates College, USA

Legal Theory Bookworm: "Judicial Bricolage," edited by Groppi, Ponthoreau, & Spigno

The Legal Theory Bookworm recommends Judicial Bricolage: The Use of Foreign Precedents by Constitutional Judges in the 21st Century, edited by Tania, Marie-Claire Ponthoreau, Irene Spigno. Here is a description:

This book represents a unique contribution to comparative legal studies by presenting the results of an empirical research project on the use of foreign precedents in constitutional interpretation in 31 jurisdictions worldwide.

It expands and updates the outcomes presented in the previous successful book The Use of Foreign Precedents by Constitutional Judges, edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 as Volume 1 of the series Hart Studies in Comparative Public Law.

This new research, covering countries from all the continents, with special attention to some of the emerging jurisdictions of the Global South, confirms that the practice of making explicit use of foreign precedents is still limited both quantitatively and qualitatively. Judicial dialogue only exists in common law jurisdictions and, even there, 'judicial bricolage' is much more common than 'judicial comparativism'. Since the previous edition, this practice has gone hand in hand with new developments in constitutional law, such as the democratic erosion and backsliding, the emergence of populist movements, the increasing role of regional human rights courts, which in many cases overshadowed foreign sources, and the end of a global vision of constitutionalism.

Applying a quantitative and a qualitative analysis, with the support of tables and data, the book gives a more complete picture of the practice of citing foreign precedents in this new and challenging era, resulting in essential reading for comparative and constitutional legal scholars.

And here is the table of contents:

Introduction: Assessing the Use of Foreign Precedents by Constitutional Justices: Ten Years Later
Tania Groppi (University of Siena, Italy), Marie-Claire Ponthoreau (University of Bordeaux, France) and Irene Spigno (Autonomous University of Coahuila, Mexico)

Part I: The 'Usual Suspects': Engagement with Foreign Precedents in Common Law Courts
1. An Ongoing Engagement: The Australian High Court and Foreign Case Law
Elisa Arcioni (University of Sydney Law School, Australia) and Jeffrey Gordon (University of Sydney, Australia)

2. Turbulent Resistance in the Supreme Court of Canada: An Unexpected Backlash Against the Use of Foreign Precedents in Constitutional Interpretation
Lise Brun (University Laval, Canada)

3. India: Using Foreign Precedents to Understand Her Own Constitutional Identity
Antonin Vergnes (University of Bordeaux, France)

4. The Use of Foreign Precedents in the Irish Supreme Court's Constitutional Case Law: An Update
Cristina Fasone (LUISS University, Italy)

5. The Use of Comparative Law as a Source of Legitimacy for the New Kenyan Judiciary: The Case of the Supreme Court of Kenya
Evelyne Asaala (University of Nairobi, Kenya) and Nicoletta Perlo (University of Burgandy, France)

6. The Use of Foreign Precedents in Malaysian Federal Court: Between Engagement and Restraint
Faridah Jalil (University Kebangsaan Malaysia)

7. The Use of Foreign Constitutional Precedents in Singapore: The Paramountcy of Local Context
Maartje de Visser (Singapore Management University)

8. The Use of Foreign Precedents by the South African Constitutional Court Judges: Has Anything Changed?
Christa Rautenbach (North-West University, South Africa)

Part II: In Between: Limited and Selective Reference to Foreign Precedents Worldwide
A. Rehearsal of Engagement: Recent Developments in Some Reticent Courts

9. Using Foreign Precedents to Meet the European Standards: The Case of the Constitutional Court of Albania
Aurela Anastasi (University of Tirana, Albania)

10. Keep Calm and Carry on Comparing (More) Professionally: The Use of Foreign Precedent by the German Federal Constitutional Court in the 2010s
Stefan Martini (University of Kiel, Germany)

11. The Use of Foreign Precedents in a Hybrid Legal Order: The Case of Liechtenstein
Peter Bußjäger (University of Innsbruck, Austria)

12. Flirting with Foreign Precedents at the Constitutional Court of Slovenia
Tilen Štajnpihler Božic (University of Ljubljana, Slovenia) and Samo Bardutzki (University of Ljubljana, Slovenia)

13. The Escalating Use of Foreign Precedents by Individual Justices in Taiwan's Constitutional Court
Wen-Chen Chang (National Taiwan University) and Shao-Man Lee (National Cheng Kung University, Taiwan)

B. Lost in the Shuffle: The Use of Foreign Precedents in South American Courts
14. The Use of Foreign Precedents by the Brazilian Supreme Federal Court: Paving the Way for Democracy with a Broad Comparative Approach
Manuellita Hermes (University of Brazil)

15. Importing Legitimacy, Getting Adjudicative Leeway: The Use of Foreign Precedents by the Chilean Constitutional Tribunal
Cristián Villalonga (Pontifical Catholic University of Chile) and Johanna Fröhlich (Pontifi cal Catholic University of Chile)

16. The Limited but Significant Use of Foreign Precedents by the Colombian Constitutional Court
Magdalena Correa Henao (Externado University, Colombia) and Iván Otero Suárez (Externado University, Colombia)

17. Fixing a Troubled Relationship: The Use of Foreign Precedents in the Constitutional Court of Ecuador
Daniela Salazar Marín (Universidad San Francisco de Quito, Ecuador) and Roberto Eguiguren Calisto (Universidad San Francisco de Quito, Ecuador)

C. From Reticent to Selective: The Vast Group of Strategists Courts
18. The Use of Foreign Precedents in Austria: Continuing the Use of Non-Use
Anna Gamper (University of Innsbruck, Austria)

19. The Use of Foreign Precedents by the Constitutional Court of Georgia: Explicit Citations and Careful Restraint
Malkhaz Nakashidze (Batumi Shota Rustaveli State University, Georgia)

20. Constant Inconsistency: The Use of Foreign Precedents in Hungarian Constitutional Jurisprudence
Zoltán Szente (Legal Studies of the Centre for Social Sciences in Budapest, Hungary) and Fruzsina Gárdos-Orosz (Social Sciences of the Hungarian Academy of Sciences)

21. The Use of Foreign Precedents by the Italian Constitutional Court: Something New under the Sun?
Anna Maria Lecis Cocco Ortu (Political Studies Institute Sciences Po Bordeaux, France)

22. Still Residual Mention of Foreign Precedents by the Polish Constitutional Tribunal: No Need or Intention?
Anna Michalak (University of Lodz, Poland)

23. The Sparse and Strategic Use of Foreign Precedents by the Constitutional Court of Romania
Ramona-Delia Popescu (University of Bucharest, Romania) and Elena Simina Tanasescu (University of Bucharest, Romania)

24. The Constitutional Court of Korea: Institutionalised Focus on Three Foreign Jurisdictions
Soojin Kong (Constitutional Court of Korea) and Fabian Duessel (Constitutional Court of Korea)

25. Switzerland: A Migration of Constitutional Ideas? An Empirical Study of the Use of Foreign Precedents by the Swiss Federal Tribunal
Micol Ferrario (Bocconi University, Italy)

Part III: Reluctance: Nationalist Courts
26. Foreign Precedents in the Belgian Constitutional Court Case Law: Report on their Tacit Influence, or How to Play Hide and Seek
Anaïs Brucher (UCLouvain, Belgium) and Marc Verdussen (UCLouvain, Belgium)

27. The Use of Foreign Precedents by the French Conseil Constitutionnel: A Hidden and Marginal Influence
Alexis Le Quinio (University of Limoges, France)

28. The Use of Foreign Precedents by the Supreme Court of Japan: Awakening?
Akiko Ejima (Meiji University, Japan)

29. The One and Only Explicit Use of Foreign Precedents by the Russian Constitutional Court Since 2010
Sergei Belov (St Petersburg State University, Russia)

30. The Reluctant Court. An Analysis of the Use of Foreign Precedents by the Constitutional Court of Turkey
Valentina Rita Scotti (European Public Law Organization, Greece) and Oya Boyar (Marmara University, Turkey)

31. United States of America: Confirming the Supreme Court's Cautious Approach in the Use of Foreign Precedents
Rachele Bizzari (University of Pisa, Italy) and Angioletta Sperti (University of Pisa, Italy)

Conclusion: The Use of Foreign Precedents by Constitutional Judges: Still a Limited Practice in a Competitive Legal World
Tania Groppi (University of Siena, Italy), Marie-Claire Ponthoreau (University of Bordeaux, France) and Irene Spigno (Autonomous University of Coahuila, Mexico)

Legal Theory Bookworm: "The Double Black Box" by Deeks

The Legal Theory Bookworm recommends The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability by Ashley S. Deeks on SSRN. Here is a description:

National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to the democratic public. The "black box" nature of national security decision-making--driven by extensive classification and characterized by difficulty overseeing executive actions --has expanded in the United States as executive power continues to grow.

The rise of artificial intelligence (AI) systems to enhance national security decision-making--or even to make autonomous decisions--deepens this challenge, because it is difficult to understand how AI algorithms, often described as "black boxes," reach their conclusions. The widespread use of AI inside the national security ecosystem renders U.S. national security choices even more opaque to the public, congressional overseers, U.S. allies, and even the executive officials making the decisions. How can we be confident that the U.S. government's use of these AI systems comports with our values, including rationality, lawfulness, and accountability?

The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability addresses these pressing challenges. Because China is committed to becoming the world leader in AI and faces fewer legal and values-based constraints on its pursuit of military AI, democracies' commitment to using AI in lawful and ethical ways will be tested. This book defines and explores the "double black box" phenomenon and then identifies ways that policymakers, military and intelligence officials, and lawyers in democratic states such as the United States can reap the advantages of advanced technologies without surrendering their public law values.

 

Legal Theory Bookworm: "Liberty as Independence" by Skinner

The Legal Theory Bookworm recommends Liberty as Independence: The Making and Unmaking of a Political Ideal by Quentin Skinner. Here is a description:

What does liberty entail? How have concepts of liberty changed over time? And what are the global consequences? This book surveys the history of rival views of liberty from antiquity to modern times. Quentin Skinner traces the understanding of liberty as independence from the classical ideal to early modern Britain, culminating in the claims of the Whig oligarchy to have transformed this idea into reality. Yet, with the Whig vision of a free state and civil society undermined by the American Revolution of 1776, Skinner explores how claims that liberty was fulfilled by an absence of physical or coercive restraint came to prominence. Liberty as Independence examines new dimensions of these rival views, considering the connections between debates on liberty and debates on slavery, and demonstrating how these ideas were harnessed in feminist discussions surrounding limitations on the liberty of women. The concept of liberty is inherently global, and Skinner argues strongly for the reinstatement of the understanding of liberty as independence.

And from the reviews:

‘The ideal of liberty as independence from arbitrary power was hegemonic from the Roman Republic to the Age of Revolutions until it was rapidly, and seemingly irreversibly, replaced by the reigning notion of liberty as the absence of restraint. No one has done more to excavate the genealogies of these two concepts of liberty than Quentin Skinner. Liberty as Independence draws on decades of research and reflection to present a magisterial account of the anti-democratic and counter-revolutionary displacement of liberty as self-rule and of the prospects for recovering independence as a critical political value.’ David Armitage, Harvard University

‘In this spectacular book, Skinner takes his story of neo-Roman freedom into the Enlightenment, showing why one view of freedom overturned another, and what was lost in that displacement. Skinner casts a chilling shadow over our current liberal dispensation, opening up an alternative vision of democratic freedom – one that has the power to transform the lives of all those who are subject to the arbitrary will of another.’ Hannah Dawson, King’s College London

‘In this rich and masterly excavation of liberty in political thought, Quentin Skinner shows how liberty understood as independence was vanquished in the liberal era. With brilliant clarity and unmatched attention to the powerplay behind intellectual discourse, he unveils the liberal victory as the loss of an egalitarian and democratic ideal.’ Lena Halldenius, Lund University

‘Quentin Skinner extends his powerful account of liberty as independence, from classical roots into the eighteenth century’s sermons and novels as well as pamphlets and treatises, and in the hands of abolitionists among others. Skinner argues that the ideal was ultimately overturned by opponents of the radical movements it inspired.’ Melissa Lane, Princeton University

‘We live in the midst of democratic crisis but these tend also to be times when purposive change becomes possible. This is why Liberty as Independence is such a significant book that urgently needs to be engaged with. There is no better guide to liberty and its history in free states than Quentin Skinner. He remains the most lucid of writers and the most brilliant of intellectual historians.’ Richard Whatmore, University of St Andrews

Legal Theory Bookworm: "On Privacy and Technology" by Solove

The Legal Theory Bookworm recommends On Privacy and Technology by Daniel J. Solove. Here is a description:

Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today's age of digital technologies and AI.

With the rapid rise of new digital technologies and artificial intelligence, is privacy dead? Can anything be done to save us from a dystopian world without privacy?

In this short and accessible book, internationally renowned privacy expert Daniel J. Solove draws from a range of fields, from law to philosophy to the humanities, to illustrate the profound changes technology is wreaking upon our privacy, why they matter, and what can be done about them. Solove provides incisive examinations of key concepts in the digital sphere, including control, manipulation, harm, automation, reputation, consent, prediction, inference, and many others.

And from the reviews:

"Solove's On Privacy and Technology is a privacy masterpiece, coming from the boldest and most important privacy thinker and scholar of our time. Solove is the ultimate teacher-his book will help you appreciate the complexities of the privacy and technology challenges of our time while seeing a path to tackling them. It is a joy to read. Solove writes beautifully and accessibly. It is an instant classic." -- Danielle Keats Citron, Jefferson Scholars Foundation Schenck Distinguished Professor in Law, Caddell and Chapman Professor of Law, University of Virginia School of Law

"Solove reflects on the challenges posed by technology to privacy. According to the author, a law professor specializing in intellectual property, the "dizzying pace of changing technologies" constitutes a profound challenge to the protection of privacy, one that largely has not been met with an adequate response. . . . He's been thinking about this important issue for a quarter century, and as a result his reflections achieve an admirable depth. For such a brief study—the book is not much longer than 100 pages—an extraordinary expanse of intellectual territory is traversed with rigor and subtlety. A stimulating overview of one of the central issues of our time." -- Kirkus Reviews

"On Privacy and Technology offers scholars and nonexperts alike a diagnosis about what's wrong with privacy law, written by none other than the 'dean' of the privacy law field. Professor Solove uses his unmatched knowledge of privacy law and keen analytical mind to dispel common myths about privacy and to direct readers, particularly policymakers, toward vanguard solutions that aim to create accountability for bad actors in the information economy. Reading On Privacy and Technology is both a tour through privacy law scholarship over the last thirty years but also a roadmap for the future. It is both accessible and essential reading. Highly recommend." -- Ari Ezra Waldman, Professor of Law, University of California, Irvine School of Law, and author of Industry Unbound

"No one is better positioned than Daniel Solove to write this definitive book on privacy and technology. Solove draws from decades of experience in privacy law and theory to tell a clear and concise story of how privacy-invasive technology avoids government restraint, and what society can do to take back control. I recommend this book to new entrants and old hats alike; On Privacy and Technology is a must read for anyone interested in this critical issue of our time." -- Ryan Calo, Lane Powell and D. Wayne Gittinger, Professor, University of Washington School of Law

"A deeply insightful look at myriad dimensions of information privacy. Paths a constructive way forward for effective privacy regulation of tech in our digital age." -- Paul M. Schwartz, Jefferson E. Peyser Professor of Law, Berkeley Law School

Legal Theory Bookworm: "Who Am I to Judge?" by Tushnet

The Legal Theory Bookworm recommends Who Am I to Judge?: Judicial Craft versus Constitutional Theory by Mark Tushnet. Here is a description:

Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court’s history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can’t get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.

And from the reviews:

“Professor Tushnet has skillfully and straightforwardly called out the myth of originalism and the rabbit hole of judicial philosophies. For lawyer and non-lawyer alike, this book helps set the course to restore the legitimacy of our judiciary.”—Russ Feingold, president, American Constitution Society

“Mark Tushnet, one of the nation’s most distinguished constitutional scholars, thinks constitutional theory is overrated. Debating who has the best theory, he explains, is far less important than paying attention to how judges actually judge. Despite its title, this book is a love letter to judgment—reasoned judgment expressed through sound judicial craft.”—Jack Balkin, Yale Law School

Tushnet!

Legal Theory Bookworm: "The Weaponization of Expertise" by Russell & Patterson

The Legal Theory Bookworm recommends The Weaponization of Expertise: How Elites Fuel Populism by Jacob Hale Russell & Dennis Patterson. Here is a description:

The problem with expertise—and the dark side of the equation “knowledge = power.”

Experts are not infallible. Treating them as such has done us all a grave disservice and, as The Weaponization of Expertise makes painfully clear, given rise to the very populism that all-knowing experts and their elite coterie decry. Jacob Hale Russell and Dennis Patterson use the devastating example of the COVID-19 pandemic to illustrate their case, revealing how the hubris of all-too-human experts undermined—perhaps irreparably—public faith in elite policymaking. Paradoxically, by turning science into dogmatism, the overweening elite response has also proved deeply corrosive to expertise itself—in effect, doing exactly what elite policymakers accuse their critics of doing.

A much-needed corrective to a dangerous blind faith in expertise, The Weaponization of Expertise identifies a cluster of pathologies that have enveloped many institutions meant to help referee expert knowledge, in particular a disavowal of the doubt, uncertainty, and counterarguments that are crucial to the accumulation of knowledge. At a time when trust in expertise and faith in institutions are most needed and most lacking, this work issues a stark reminder that a crisis of misinformation may well begin at the top.

And from the reviews:

“Jacob Hale Russell and Dennis Patterson’s new book The Weaponization of Expertise: How Elites Fuel Populism could not be a more relevant book for this moment. Russell and Patterson deliver an unflinching look at the Oz-like nature of many of today’s experts along with a wonderful recounting of why skepticism in all its forms has been a valued trait throughout history. And they offer a possible path for how to be a thoughtful human in today’s world.”
—Bethany McLean, best-selling coauthor of The Smartest Guys in the Room: The Amazing Rise and Scandalous Fall of Enron
 
“Jacob Hale Russell and Dennis Patterson make a convincing case on why elites, experts, and merchants of overconfidence fail so often and so majestically. Admonitions to ‘follow the science’ and put trust in spurious, conflicted and overconfident expertise may be at odds with serious science and rational decision-making.”
—John P.A. Ioannidis, Professor of Medicine and of Epidemiology and Population Health, Stanford University
 
“Expertise is essential to progress, but as Russell and Patterson clearly document, it is too often weaponized today to suppress healthy skepticism and dissent despite both being required in the search for truth within and outside the academy.”
—Jeffrey S. Flier, Higginson Professor of Physiology and Medicine and Former Dean, Harvard Medical School

Legal Theory Bookworm: "We the Men" by Hasday

The Download of the Week is We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality by Jill Elaine Hasday. Here is a description:

In a nation whose Constitution purports to speak for "We the People," too many of the stories that powerful Americans tell about law and society include only We the Men. A long line of judges, politicians, and other influential voices have ignored women's struggles for equality or distorted them beyond recognition by wildly exaggerating American progress. Even as sexism continues to warp constitutional law, political decision making, and everyday life, prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind.

Jill Elaine Hasday's We the Men is the first book to explore how forgetting women's struggles for equality―and forgetting the work America still has to do―perpetuates injustice, promotes complacency, and denies how generations of women have had to come together to fight for reform and against regression. Hasday argues that remembering women's stories more often and more accurately can help the nation advance toward sex equality. These stories highlight the persistence of women's inequality and make clear that real progress has always required women to disrupt the status quo, demand change, and duel with determined opponents.

America needs more conflict over women's status rather than less. Conflict has the power to generate forward momentum. Patiently awaiting men's spontaneous enlightenment does not. Transforming America's dominant stories about itself can reorient our understanding of how women's progress takes place, focus our attention on the battles that are still unwon, and fortify our determination to push for a more equal future.

Legal Theory Bookworm: "Justice Abandoned" by Barkow

The Legal Theory Bookworm recommends Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration by Rachel Elise Barkow. Here is a description:

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.

With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety.

In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today.

More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

And from the reviews:

“Groundbreaking, engrossing, and authoritative…[Barkow] is standing up for liberty.”―Lincoln Caplan, Harvard Magazine

“Lays at the feet of the U.S. Supreme Court the explosion of incarceration that started in the 1970s and continued through the turn of the century, on to today.”―Arthur Rizer, Federalist Society

“[A] fine-grained account…by framing her arguments as genuine originalism, Barkow’s explicit and laudably practical aim is to help lawyers strategize how to win over today’s court.”―Publishers Weekly

“In Justice Abandoned, Rachel Barkow reveals how the Supreme Court―over six decisions spanning twenty-five years―slowly and methodically paved the way for mass incarceration. Her precise, powerful analysis proves that each case could, and should, have come out differently. If you want to understand how America came to be the world’s largest jailer, you simply must read this book.”―James Forman, Jr., author of Locking Up Our Own

“How does the Supreme Court bear responsibility for mass incarceration? Rachel Barkow lays out the crucial wrong turns the Court has taken. Justice Abandoned is learned and accessible―and full of ideas for how the law could and should change.”―Emily Bazelon, author of Charged

“Rachel Barkow delivers an insightful and meticulously researched retelling of six Supreme Court cases that shaped the US incarceration system as we know it today. Her work highlights a history we should all confront if we are to right the wrongs of our past and reform the status quo―which, as she demonstrates, was brought about as much by the Supreme Court as by political actors.”―Preet Bharara, author of Doing Justice

“Most people, whether concerned citizens or specialists, think that mass incarceration is the result of bad policies, overreaching police and prosecutors, and structural racism. Justice Abandoned shows that the Supreme Court is also to blame for repeatedly failing to stand up for individual liberty in the face of government claims that public safety requires suppressing rights. Writing with clarity and verve, the brilliant Rachel Barkow unpacks six dramatic moments when the Court got it wrong and enabled the imprisonment of millions of people who would not face incarceration in any other liberal democracy on earth.”―Noah Feldman, author of Scorpions

Legal Theory Bookworm: "Defending Due Process" by Garrett

The Legal Theory Bookworm recommends Defending Due Process: Why Fairness Matters in a Polarized World by Brandon L. Garrett. Here is a description:

We all feel unfairness deeply when treated in rash ways. We expect, and the law requires, government officials to take fairness seriously, giving us notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet, in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. 

Why is due process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers’ employment; officials use flawed data to cancel healthcare; and magistrates order arrestees to be jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black-box technology.

To fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent injudicious errors, and safeguard constitutional rights. A revival of due process is long overdue.

And from the reviews:

“Defending Due Process is stunning in its originality; it is, in every way, a superb book that deserves a wide readership. I know of no other work like it.”
Erwin Chemerinsky, University of California, Berkeley

“Defending Due Process does just what the title promises ― it makes a persuasive case for the importance of procedural values. Brandon Garrett has done a wonderful job of making the topic accessible by illustrating his argument with compelling and often heart-wrenching stories of people harmed by government actions they can barely comprehend. This is an important book for anyone who wants to understand the virtues and vices of our legal system.”
Stuart Banner, University of California, Los Angeles

“What counts as a fair process when the government is taking away your liberty or your property? No question is more fundamental to our legal system, and no question is harder to answer with precision. Defending Due Process offers a comprehensive rethinking of the problem, drawing on narrative, original empirical research, and a cautious assessment of emerging technologies. Scholarly rigor is combined with readability, making this a valuable read for anyone who cares about getting fairness right in a complex and changing world.”
Noah Feldman, Harvard University

“Whenever we are wronged or feel wronged, we rightfully want to understand what happened, and why, and to have a chance to object. Governments and companies increasingly make crucial decisions about us that shape our lives, but we have little chance to say anything. With his characteristic care and wisdom, Brandon Garrett helps us understand the importance of due process in all aspects of our lives. Clearly and compellingly, he shows us how, in ways personal and societal, due process has the potential to repair and reinvigorate our democracy. Bravo.”
Danielle Keats Citron, University of Virginia School of Law