Law

New Books in September

Summer’s almost over, which means it’s time to start to replenishing your reading list! Celebrate the start of a new academic year with us by checking out this diverse array of books arriving in September.

Acknowledging the impending worldwide catastrophe of rising seas in the twenty-first century, Orrin H. Pilkey and Keith C. Pilkey outline the impacts on the United States’ shoreline and argue that the only feasible response along much of the U.S. shoreline is an immediate and managed retreat in Sea Level Rise.

Brenda R. Weber’s Latter-day Screens examines the ways in which the mediation of Mormonism through film, TV, blogs, YouTube videos, and memoirs functions as a means through which to understand conversations surrounding gender, sexuality, spirituality, capitalism, justice, and individualism in the United States.

Self-Devouring Growth by Julie Livingston shows how the global pursuit of economic and resource-driven growth comes at the expense of catastrophic destruction, thereby upending popular notions that economic growth and development is necessary for improving a community’s wellbeing.

In Under Construction, Daniel Mains explores the intersection of infrastructural development and governance in contemporary Ethiopia by examining the conflicts surrounding the construction of specific infrastructural technologies and how that construction impacts the daily lives of Ethiopians.

Elizabeth Freeman’s Beside You in Time expands bipolitical and queer theory by outlining a temporal view of the long nineteenth century and showing how time became a social and sensory means by which people resisted disciplinary regimes and assembled into groups in ways that created new forms of sociality.

Terry Smith—who is widely recognized as one of the world’s leading historians and theorists of contemporary art—traces the emergence of contemporary art and further develops his concept of contemporaneity in Art to Come through analyses of topics ranging from Chinese and Australian Indigenous art to architecture.

Henry Cow by Benjamin Piekut tells the story of the English experimental rock band Henry Cow and how it linked its improvisational musical aesthetic with a collectivist, progressive politics.

Davina Cooper’s Feeling Like a State explores the unexpected contribution a legal drama of withdrawal—as exemplified by some conservative Christians who deny people inclusion, goods, and services to LGBTQ individuals—might make to conceptualizing a more socially just, participative state.

In Making The Black Jacobins, Rachel Douglas traces the genesis, transformation, and afterlives of the different versions of C. L. R. James’s landmark The Black Jacobins across the decades from the 1930s onwards, showing how James revised it in light of his evolving politics.

William E. Connolly links climate change, fascism, and the nature of truth to demonstrate the profound implications of the deep imbrication between planetary nonhuman processes and cultural developments in Climate Machines, Fascist Drives, and Truth.

Cara New Daggett’s The Birth of Energy traces the genealogy of the idea of energy from the Industrial Revolution to the present, showing how it has informed fossil fuel imperialism, the governance of work, and our relationship to the Earth.

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Q&A with Beth C. Caldwell, Author of Deported Americans

Beth Caldwell PhotoBeth C. Caldwell is Professor of Legal Analysis, Writing, and Skills at Southwestern Law School and was formerly an attorney in the Los Angeles County Office of the Public Defender. Caldwell’s experiences as a public defender led her to her new book, Deported Americans, in which she tells the story of dozens of immigrants who were deported from the United States—the only country they have ever known—to Mexico, tracking the harmful consequences of deportation for those on both sides of the border.

Who are the deported Americans about whom you write? What are the most common problems they face that result in their deportation?

I use the term deported Americans primarily to refer to people who migrated to the United States when they were children (often at a very young age), who have now been deported. These are people who were primarily socialized in the United States, who grew up attending American schools, and who are more comfortable speaking English than Spanish. They’re not U.S. citizens, but they identify as Americans culturally, and others perceive them as Americans too.

The term is also broad enough to encompass U.S. citizen family members of people who have been deported—particularly the children and spouses of deportees. Although not technically deported under the law, they often feel like they too have been deported because the only option to keep their families together is to leave the United States.

Both groups refer to their experiences as “banishment” or “exile” from their homes, and they experience a range of problems that are not surprising if you imagine how it would feel to be uprooted from all that is familiar to you—from your home, your career, your family and friends. This can trigger a sense of hopelessness that can fuel mental health issues, most often depression, anxiety, post-traumatic stress, and thoughts of suicide. It can also push some to turn to drugs to numb their pain. Family relationships often erode in the years following deportation, which contributes to these problems.

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In Mexico, deported Americans are stigmatized and are not accepted by the dominant culture. They report feeling marginalized by their American accents and ties to the United States. This can trigger profound questions about one’s identity because people feel a sense of double rejection, by both the United States and Mexico.

You mention in your introduction that you did not set out deliberately to write this book, but rather stumbled upon it through your work and informal conversations with deported people living in Mexico. Can you speak more to how these experiences and relationships shaped your approach?

Since I didn’t deliberately set out to research this issue, I didn’t set out with any preconceived notions or expectations as a researcher who is testing a hypothesis might do. Instead, the project was shaped by listening to people and, in some cases, by observing people’s day-to-day interactions as they adjusted to the reality of being deported. Common themes emerged in people’s narratives. When I would speak with people in the U.S. about what I was hearing, people were often surprised. And I realized that it was important to document and share the other side of deportation, so that people in the U.S. would have to confront, or at least be more aware of, the very real harms that flow from the country’s deportation policies.

How does activism—yours and others’—shape the narrative in Deported Americans?

I consider the negative rhetoric that depicts immigrants as others—as invaders or as dangerous—to be the biggest obstacle to creating more humane immigration policies in the U.S. No amount of activism can bring about just immigration reforms as long as some immigrants are characterized as “good” and “deserving” while others are cast aside as “bad” or “criminal,” and therefore disposable.

One of the primary goals of the narrative in Deported Americans is to highlight the nuances and complexities in people’s lives in order to help readers to see that even people who would commonly be depicted as “bad” or “undeserving” have compelling stories and are deserving of humane treatment under the law. By telling people’s stories, I try to strip away the dehumanizing labels that are often applied to immigrants with criminal convictions in order to help readers to see people more holistically.

What do you think is the most surprising aspect of immigration law as it affects deported Americans?

Often, stories about immigrants focus on recent arrivals to the U.S., but many deportees are members of American families. The U.S. deported over 250,000 parents of U.S. citizen children between 2011 and 2017, in addition to many spouses of U.S. citizens. People are always surprised when I talk about U.S. citizens whose spouses have been deported. There seems to be a pervasive belief that marriage to a U.S. citizen protects people from deportation, but this is not the case. I’ve interviewed many U.S. citizens who now live in Mexico because their spouses have been deported, and others who are struggling with family separation because they have stayed in the U.S. after a spouse’s deportation.

People are also surprised by the lack of proportionality in these cases. There is a major disconnect between sentences in criminal court and the sanctions people experience in the immigration system, even though both systems are often imposing penalties on the basis of the same conduct. For example, a lawful permanent resident (otherwise known as a green card holder) could be convicted of a crime for which they are sentenced with minimal jail time and probation in the criminal justice system. But in immigration court, they could face virtually automatic, permanent deportation—with no realistic hope of ever lawfully returning to the U.S.—because of the same conviction.

Many news stories paint pictures of immigrants and deportees. What is the most important way that you think Deported Americans changes or contradicts these narratives?

I deliberately focus on sharing the stories of immigrants with criminal convictions to disrupt the pervasive representation of some immigrants as “good” and others as “bad.” A lot of people are framed as “dangerous” due to criminal convictions that really have nothing to do with whether they are in fact dangerous. And in many cases, it seems more dangerous to deport them—to separate them from their families, or to force their U.S. citizen family members to leave the United States if they want to stay together.

Harsh immigration policies that apply to immigrants with criminal convictions emerged alongside the tough-on-crime movement of the 1980s and 1990s. In many cases, the same laws that created drug sentencing policies that are now widely criticized also created draconian immigration policies. Although there is an emerging consensus that the War on Drugs was problematic, and there has been some progress to roll back some of its policies, very little attention has focused on the parallel problems in the immigration system. I hope to draw people’s attention to this issue.

In the context of arguments over the construction of a wall along the U.S.-Mexico border and the news about the child detention centers, how do you see conversations about deportation changing? Staying the same?

People are certainly more interested in the topic of deportation now than in the recent past. This is an interesting shift because numerically, more people were actually being deported a few years ago. I think that the more that the consequences of U.S. immigration policy come to light, the more the average American is concerned about the issues, especially when it comes to family separation. Although more attention has focused on family separation affecting people upon their entry to the United States, family separation brought about by deportation fits into the overall problem that the U.S. immigration system regularly separates children from their parents.

The issue of family separation is also directly tied to the wall. When I was first starting out my research in Tijuana, I interviewed a social worker who runs a shelter for women and children. Her shelter houses a lot of recent deportees. She was convinced that no barrier—no fence, no wall, no punishments—would stop mothers from trying to return to the United States because the instinct to reunite with their children was stronger than anything. It’s a primal instinct. Due to a long history of migration from Mexico to the U.S., which the U.S. has welcomed at many times because of a desire for Mexican labor, families are deeply interconnected across the border, and across immigration statuses. The rhetoric framing migration as an “invasion” by foreigners misses this important reality.

What do you hope readers will take away from Deported Americans?

Deportation causes a lot of harm—to both the deportees and their families, who are often U.S. citizens. It has become a normalized aspect of our society, but we should really think about whether it should be. Deportation has always been used as a tool for excluding and removing marginalized people from societies, so its roots are suspect. I hope readers will walk away from the book with lingering questions about how we might better approach the social problems deportation is currently used to address, but in a more humane way.

Read the introduction to Deported Americans free online and purchase the paperback for 30% off using coupon code E19CALDW.

 

New Books in April

We’ve got great new reads in April in anthropology, religious studies, sociology, feminism and women’s studies, and much more.

978-1-4780-0390-8_prIn Deported Americans legal scholar and former public defender Beth C. Caldwell tells the story of dozens of immigrants who were deported from the United States—the only country they have ever known—to Mexico, tracking the harmful consequences of deportation for those on both sides of the border.

In Makers of Democracy A. Ricardo López-Pedreros traces the ways in which a thriving middle class was understood to be a foundational marker of democracy in Colombia in the second half of the twentieth century, showing democracy to be a historically unstable and contentious practice.

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Maura Finkelstein examines what it means for textile mill workers in Mumbai—who are assumed to not exist—to live during a period of deindustrialization, showing in The Archive of Loss how mills and workers’ bodies constitute an archive of Mumbai’s history that challenge common thinking about the city’s past, present, and future.

Hester Blum examines the rich, offbeat collection of printed ephemera created by nineteenth- and early twentieth-century polar explorers, showing in The News at the Ends of the Earth how ship newspapers and other writing shows how explores wrestled with questions of time, space, and community while providing them with habits to survive the extreme polar climate.

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In Autonomy Nicholas Brown theorizes the historical and theoretical conditions for the persistence of art’s autonomy from the realm of the commodity by showing how an artist’s commitment to form and by demanding interpretive attention elude the logic of capital.

In a revised and expanded edition of Medicine Stories, Aurora Levins Morales weaves together the insights and lessons learned over a lifetime of activism to offer a new theory of social justice, bringing clarity and hope to tangled, emotionally charged social issues in beautiful and accessible language.

Exploring a wide range of sonic practices, from birdsong in the Marshall Islands to Zulu ululation, the contributors to Remapping Sound Studies, edited by Gavin Steingo and Jim Sykes, reorient the field of sound studies toward the global South in order to rethink and decolonize modes of understanding and listening to sound.

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In Dance for Me When I Die—first published in Argentina in 2004 and appearing here in English for the first time—Cristian Alarcón tells the story and legacy of seventeen year old Víctor Manuel Vital, aka Frente, who was killed by police in the slums of Buenos Aires.

The contributors to Spirit on the Move, edited by Judith Casselberry and Elizabeth A. Pritchard, examine Pentecostalism’s appeal to black women worldwide and the ways it provides them with a source of community, access to power, and way to challenge social inequalities.

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Sanford Levinson on Public Monuments and 20th Anniversary Edition of Written in Stone

Sanford V. LevinsonSanford Levinson is Professor of Law at the University of Texas Law School. He is the author and editor of numerous books, including Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws That Affect Us Today (with Cynthia Levinson). The 20th anniversary edition of his book Written in Stone addresses debates and conflicts over the memorialization of Confederate “heroes,” with a new preface and afterward that take account of recent events. In this guest post, Levinson meditates on some of the newest controversies, including protests surrounding UNC-Chapel Hill’s “Silent Sam” and sports team mascots.

I am immensely grateful to the Duke University Press for giving me the opportunity to publish a 20th anniversary edition of Written in Stone: Public Monuments in Changing Societies, with a greatly augmented afterword (and new preface as well).  As I noted in the preface, my original suggestion in 2016, when I floated the idea of a new edition, was to prepare about 5000 words that could be submitted in August 2017, with publication taking place in late winter or early spring.  Instead, in part because of what happened in Charlottesville and afterward, the additional material totals around 20,000 words, taking into account events that occurred as late as the summer of 2018, just before the book went to press. As John Lennon is said to have said, life is what happens when you’re busy making plans!

But, already, I have sent emails to my editor, Miriam Angress, suggesting, only half-jokingly, that we begin thinking of a 25th anniversary edition in 2023, for the simple reason that the central topic—how do sometimes drastically changing societies come to terms with monuments, building names, and other such efforts by previous ruling elites to shape a certain view of the society that reflected their own hegemony?—constantly generates brand new, and challenging, examples.

So even in the relatively brief period between the time the book went to press and its publication in October, new examples have arisen from around the world.  Consider the response in Lithuania to a book written by the American granddaughter of a Lithuanian “hero” who had valiantly opposed Soviet hegemony; indeed, he was executed by the Soviets.  In the course of her research, she discovered that he had also been a vigorous anti-Semite and collaborator with Nazis during World War II. An almost full-page story in the New York Times detailed the anguish these discoveries caused the granddaughter, who had expected to write a hagiographic biography of her esteemed grandfather, but who believed that historical facts had priority.  As one might imagine, many present-day Lithuanians do not want to be told that their hero, suitably commemorated in statuary and the names of schoolhouses, might have had feet (at least) of clay. Older readers might remember the great film Who Shot Liberty Valence?, the most memorable line of which is a newspaper editor’s saying that when faced with a choice between reinforcing the legend or writing about the perhaps disillusioning truth, “print the legend.”  Memorialization is quintessentially about myth-making and preservation; suggestions to tear down, or even supply more nuance, to monuments is to attack myths that are important to lots of people. It is not surprising that they resist having their illusions (or outright delusions) shattered.  

Within the United States, students at the University of North Carolina tore down the statue of “Silent Sam,” the anonymous figure commemorating soldiers in the Confederate Army that fought to secure North Carolina’s independence from the United States (and also, of course, to maintain the system of chattel slavery).  This triggered a strong response from the conservative Republican legislature, and it remains to be seen what the ultimate outcome will be with regard to a possible restoration of the statue. The University of Mississippi quickly announced that it would change the name of one of its buildings when it was discovered that the generous benefactor who contributed to its construction (perhaps on condition that it would be named after him) had sent out racist tweets.  A California state college that memorialized “Prospector Pete” as a quintessential participant in the great California Gold Rush of 1849 decided to remove the statute (and change the name of some sports teams from the “Forty Niners”) when informed by a number of Native American students that from their perspective these invading miners were basically imperialists who had destroyed the existing Indian culture and, therefore, deserved no public honor. One might wonder if San Francisco’s professional football team will now receive any of the criticisms that have been long directed at the Washington football team’s use of a racist term as its name.  And Stanford University announced that it would change the name of the street on which it is officially located from Junipero Serra Way to Jane Stanford Way. Father Serra, the most important force behind the settlement of California by Catholic missionaries (and the missions they built throughout the state), is also now regarded by many in California as an agent of imperialism and cultural destruction.

As suggested in the new materials for the Second Edition, the rise of the #MeToo Movement has also called into question a number of namings of buildings at universities and elsewhere.  One can be confident that that many more examples will emerge in the future. One suspects that the reports discussed in the text by the New York Mayor’s commission on public monuments, or by select committees at Harvard, Yale, and Princeton will be avidly read elsewhere, as will former New Orleans Mayor Mitch Landrieu’s truly great speech explaining the removal of  Robert E. Lee from his pedestal atop Lee Circle in that city. The physical removal provides the truly wonderful cover of the new edition of Written in Stone.

There have even been suggestions that Austin, Texas consider changing its name, given that Stephen F. Austin held slaves and that one impetus for the secession from Mexico that created the Republic of Texas over which Austin presided was to assure the maintenance of chattel slavery.  One can doubt that Austin will in fact change its name, any more than Ohio will seek a more anodyne name for its state capital honoring Columbus, the subject of significant and ambivalent discussion by the New York Mayor’s committee. The only thing one can be confident of is that the problems posed by monuments and namings will not be going away in the foreseeable future anywhere in the world.  

Read the introduction to Written in Stone free online, and purchase the paperback for 30% off using coupon code E18STONE.

Series Launch: Global and Insurgent Legalities

This month we’re excited to announce the new book series Global and Insurgent Legalities, edited by Jonathan Goldberg-Hiller and Eve Darian-Smith.

Global and Insurgent Legalities explores how law and legal cultures travel within and beyond national jurisdictions and how they become reconfigured in the process. Books in this series attend to the ways schools of thought indigenous to the global South refract and reframe the Continental social and legal theories that are typically associated with scholarship produced in the global North. The series promotes critical, interdisciplinary, and transnational sociolegal work on topics ranging from social, sexual, and colonial inequalities to the circulation of non-western concepts of property, sovereignty, and individualism. Recognizing the enduring impact of imperialism, colonialism, and oppression on legal and social relations, Global and Insurgent Legalities decenters the production of legal theory to include perspectives, voices, and concepts from around the world.

978-0-8223-7146-5The series’ first book is Colonial Lives of Property by Brenna Bhandar, which examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property.

978-0-8223-7035-2Renisa Mawani’s Across Oceans of Law joins Global and Insurgent Legalities this month. Mawani retells the well-known story of the Komagata Maru, a British-built, Japanese-owned steamship whose Punjabi migrant passengers were denied entry into Canada, and later deported to Calcutta, in 1914. Drawing on “oceans as method”—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds.

Both of these books are available now, and we look forward to watching the series grow!

Health Reform after the 2016 Election

ddjhppl_43_4_coverThe most recent issue of the Journal of Health Politics, Policy and Law, “Health Reform after the 2016 Election,” edited by Eric M. Patashnik, is now available.

Donald Trump’s surprising victory in the 2016 election ushered in a period of uncertainty for U.S. heath policy. In this special issue, the nation’s leading scholars of the welfare state, inequality and public policy place the ACA’s near death experience in historical and institutional perspective by examining the implications of growing populism and rising polarization for the future trajectory of health reform in the United States.

Topics include health policy and white nationalism, reversing course on Obamacare, and dismantling social programs.

Read the introduction, made freely available.

New Books in April

 April brings a fresh crop of great new books. Check out what we’re releasing this month.

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In Biblical Porn Jessica Johnson draws on a decade of fieldwork at Pastor Mark Driscoll’s Mars Hill Church in Seattle to show how congregants became entangled in a process of religious conviction through which they embodied Driscoll’s teaching on gender and sexuality in ways that supported the church’s growth.

In Abject Performances Leticia Alvarado explores how Latino artists and cultural producers have developed and deployed an irreverent aesthetics of abjection to resist assimilation and disrupt respectability politics.

Matthew Vitz’s A City on a Lake outlines the environmental history and politics of Mexico City as it transformed its original forested, water-rich environment into a smog-infested megacity, showing how the scientific and political disputes over water policy, housing, forestry, and sanitary engineering led to the city’s unequal urbanization and environmental decline.

In Domesticating Democracy Susan Helen Ellison offers an ethnography of Alternate Dispute Resolution (ADR) organizations in El Alto, Bolivia, showing that by helping residents cope with their interpersonal disputes and economic troubles how they change the ways Bolivians interact with the state and global capitalism, making them into self-reliant citizens.

978-0-8223-7081-9.jpgKatherine Verdery’s My Life as a Spy analyzes the 2,781 page surveillance file the Romanian secret police compiled on her during her research trips to Transylvania in the 1970s and 1980s. Reading it led her to question her identity and also revealed how deeply the secret police was embedded in everyday life.

 In Edges of Exposure, following Senegalese toxicologists as they struggle to keep equipment, labs, and projects operating, Noémi Tousignant explores the impact of insufficient investments in scientific capacity in postcolonial Africa.

 

Examining human rights discourse from the French Revolution to the present, in Human Rights and the Care of the Self Alexandre Lefebvre turns common assumptions about human rights—that its main purpose is to enable, protect, and care for those in need—on their heads, showing how the value of human rights lies in its support of ethical self-care.

Gay PrioriLibby Adler’s Gay Priori offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.

In From the Tricontinental to the Global South Anne Garland Mahler traces the history and intellectual legacy of the understudied global justice movement called the Tricontinental and calls for a revival of the Tricontinental’s politics as a means to strengthen racial justice and anti-neoliberal struggles in the twenty-first-century.

Aimee Bahng’s Migrant Futures traces the cultural production of futurity by juxtaposing the practices of speculative finance against those of speculative fiction, showing how speculative novels, films, and narratives create alternative futures that envision the potential for new political economies, social structures, and subjectivities that exceed the framework of capitalism.

A Primer for Teaching Environmental History, by Emily Wakild and Michelle K. Berry, is a guide for college and high school teachers who are teaching environmental history for the first time, for experienced teachers who want to reinvigorate their courses, for those who are training future teachers to prepare their own syllabi, and for teachers who want to incorporate environmental history into their world history courses. The book is part of a new series, Design Principles for Teaching History.

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New article looks at the rise and fall of Medicare’s Independent Payment Advisory Board

ddjhppl_42_3“Technocratic Dreams, Political Realities: The Rise and Demise of Medicare’s Independent Payment Advisory Board,” an article by Jonathan Oberlander and Steven B. Spivack in the Journal of Health Politics, Policy and Law (volume 43, issue 3), offers a groundbreaking, in-depth look at the troubled history of the Independent Payment Advisory Board (IPAB), enacted as part of the 2010 Patient Protection and Affordable Care Act (PPACA) and repealed in February 2018 when President Donald Trump signed the Bipartisan Budget Act of 2018.

This article addresses technocracy and healthcare through IPAB, a board of healthcare experts hailed for its innovation and designed to formulate Medicare policy recommendations based on evidence and reason rather than politics. Authors Oberlander and Spivack explore why Congress initially enacted IPAB, how we understand its broad appeal to the health policy community, and why IPAB failed to live up to its original hype and remained in political purgatory, paralyzed by controversy and partisanship.

Most health policy experts supported IPAB. The board was an ambitious way to combat the influence of interest groups and the health care industry on Medicare policy. It was also seen as an antidote to legislative inertia and Congress’s inability to manage Medicare. Experts, as well as some members of Congress, agreed that lawmakers could not make difficult decisions about Medicare and envisioned the board as an instrument of health services research and congressional self control. After the board’s establishment, industry groups attacked it, while many Republicans and some Democrats criticized IPAB and supported its repeal. Instead of realizing its aspirations, the board was mired in irrelevance. Prior to its repeal, IPAB existed as a shell under a presidential administration opposed to its existence.

“IPAB’s brief, troubled history offers a cautionary tale about the role of evidence, expertise, and independent panels in US health policy making,” Oberlander and Spivack write. “IPAB’s establishment reflected good intentions: to restructure Medicare governance so that program policy making was driven more by evidence and less by interest group pressures; to compel policy makers to consider and ultimately make difficult choices in Medicare reform; to prevent Congress from micromanaging and mismanaging Medicare; to ensure that, if Congress did not act, steps were still taken to restrain Medicare spending; and to create safeguards against excessive spending. Yet the aspirations to rationalize Medicare through IPAB have floundered against political realities.”

For more information regarding the Journal of Health Politics, Policy and Law, please visit dukeupress.edu/jhppl.

Read the full article here.

Article Published in Journal of Health Politics, Policy and Law Addresses Informed Consent

A recent study published in the Journal of Health Politics, Policy and Law, “Informed or Misinformed Consent? Abortion Policy in the United States,” by Cynthia R. Daniels, Janna Ferguson, Grace Howard, and Amanda Roberti, found that women considering abortions receive medically inaccurate information nearly one third of the time in states that require doctors to provide informed consent materials to their patients.

Since 2010, the United States has witnessed a dramatic expansion of state-based restrictions on abortion. The most common of these are informed consent statutes, which require that a woman seeking an abortion receive a state-authored informational packet before the abortion procedure can be performed.

The Rutgers study team defined medical accuracy as information that was both “truthful and nonmisleading,” constitutional standards set by the U.S. Supreme Court in Planned Parenthood of Southeastern Pennsylvania et al. v. Robert P. Casey et al. in 1992. “Our findings suggest these laws may produce ‘misinformed consent’ and may require the court to rethink the constitutionality of abortion-related informed consent laws as a whole,” Cynthia Daniels, lead author and head of the Informed Consent Project, concluded.

Read the article here. For more information, contact Cynthia Daniels.

The Evolution of LGBT Rights in India

978-0-8223-6043-8Today we’re pleased to present a post by Jyoti Puri, Professor of Sociology at Simmons College, whose forthcoming book Sexual States: Governance and the Struggle over the Antisodomy Law in India (out March 25th, 2016) uses the example of the recent efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the Indian state. Here, she responds to a recent article on LGBT rights in India posted in The New York Times.

Raghu Karnad’s recent account does a fine job providing insight into legislative efforts to decriminalize homosexuality in India, but it is missing a critique of the state as the cornerstone of such reform. When Naz Foundation (India) Trust petitioned the Delhi High Court in 2001 to modify the antisodomy law, it was envisioned as the first step toward securing rights for same-sex sexualities. Although this legal campaign was little known at the time, once the government opposed the Naz Foundation writ in 2003, individuals and groups from around the country rallied around the endeavor to decriminalize homosexuality. As a result, overturning the antisodomy law became the lightning rod of aspirations for sexual justice and the emphasis came to rest on the state.

Over the years, much changed—not only did the Supreme Court overrule the Delhi High Court’s historic ruling decriminalizing homosexuality, but also the government went from opposing decriminalization to supporting it. Yet, pivotal to understanding these differences and reversals is the matter of whether the state ought to continue to regulate homosexuality by criminalizing it. Indeed, while there are ideological differences among state officials, elected officials, party representatives, and such, also referenced in Karnad’s article, they are an alibi for the question of the state’s purview over sexuality. Insofar as state institutions are expected to administer on behalf of public interests, the underlying question is about the role of the state.

Seen in this light, the quest to make a case for rights and freedom in the parliament is laudable but not likely to make much headway among those who are invested in upholding the state and its purview. To be sure, members of parliament sometimes rule to reduce the state’s reach, but issues of sexuality especially seem to provoke greater state vigilance. The expanded role of law and law enforcement in cases of sexual assault and domestic violence in the Indian context are cases in point.

If there is one upshot thus far, then it is about the importance of looking away from the state as the source of justice. In contrast to the elusive victory in the courts and the legislature thus far, significant changes are taking place in mainstream discourses on same-sex sexualities. Public demonstrations and pride parades, sympathetic coverage especially in the English-language and digital media, increased public support for same-sex sexualities began as side notes of the legal campaign but are transforming the social landscape. The antisodomy law needs to be repealed, but perhaps the needs of same-sex sexualities are better served when it does not serve as the emblem or index of progress.