New Books in Law

American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6 (Palgrave Macmillan, 2024) analyzes the roots of widespread disenchantment with American government. While blame often falls on the individuals in office, they are not operating in isolation. Rather they are working within a system designed by the Framers with one goal in mind, protectionism. Although the Framers got much right, their commitment to protection of liberty led them to design a system replete with divisions of power. Whatever its merits at the founding, the government today is frequently described as dysfunctional and far too often unresponsive to the majority, unaccountable, and unable to deliver for its people.  For those disillusioned with the current state of government and committed to effectuating meaningful change, this book advocates in favor of a fundamental reassessment of the system's primary objectives, followed by deliberation as to how it should be restructured accordingly. It not only presents specific reform proposals, but it ends with a stark warning: until and unless we embrace reasoned structural reform, we cannot be surprised if at some point the people become so frustrated that they either disengage, fight back, or seek solace in autocratic alternatives.  Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How the United States' regulation of broadband pipelines, digital platforms, and data—together understood as “the cloud”—has eroded civil liberties, democratic principles, and the foundation of the public interest over the past century. Cloud Policy: A History of Regulating Pipelines, Platforms, and Data (MIT Press, 2024) is a policy history that chronicles how the past century of regulating media infrastructure in the United States has eroded global civil liberties as well as democratic principles and the foundation of the public interest. Jennifer Holt explores the long arc of regulating broadband pipelines, digital platforms, and the data centers that serve as the cloud's storage facilities—an evolution that is connected to the development of nineteenth- and twentieth-century media and networks, including railroads, highways, telephony, radio, and television. In the process, Cloud Policy unearths the lasting inscriptions of policy written for an analog era and markets that no longer exist on the contemporary governance of digital cloud infrastructure.Cloud Policy brings together numerous perspectives that have thus far remained largely siloed in their respective fields of law, policy, economics, and media studies. The resulting interdisciplinary argument reveals a properly scaled view of the massive challenge facing policymakers today. Holt also addresses the evolving role of the state in the regulation of global cloud infrastructure and the growing influence of corporate gatekeepers and private sector self-governance. Cloud policy's trajectory, as Holt explains, has enacted a transformation in the cultural valuation of infrastructure as civic good, turning it into a tool of commercial profit generation. Despite these current predicaments, the book's historical lens ultimately helps the reader to envision restorative interventions and new forms of activism to create a more equitable future for infrastructure policy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the 100 day mark of Donald Trump's second term as president, the political scientists at Bright Line Watch released their 25th report on the state of American democracy entitled “Threats to democracy and academic freedom after Trump's second first 100 days.” Based on polling both experts (760 political scientists) and the public (representative sample of 2000 Americans), the Bright Line Watch researchers find that the Trump administration has challenged constitutional and democratic norms on a wide range of issues, including the scope of executive power and the authority of courts to check it, individual freedom of expression, due process and habeas corpus, immigration, and academic freedom. In this episode of POSTSCRIPT: Conversations on Politics and Political Science, two of Bright Line Watch's co-directors analyze the latest report – and what it means for American democracy. Topics include democratic performance, threats to democracy and academic freedom and self-censorship. Dr. John Carey (he/him) is the Wentworth Professor in the Social Sciences at Dartmouth College. He is the author of 6 books and dozens of articles on democratic institutions, representation, and political beliefs. Dr. Gretchen Helmke is the Thomas H. Jackson Distinguished University Professor in the Department of Political Science and faculty director of the Democracy Center at the University of Rochester. Her research focuses on democracy and the rule of law in Latin America and the United States. Her new co-authored article definition and measuring democratic norms is forthcoming in the Annual Review of Political Science. She has been named a Guggenheim Fellow for 2025. Mentioned: Bright Line Watch's April 2025 report, Threats to Democracy and Academic Freedom after Trump's Second First 100 Days (based on parallel surveys of 760 political scientists and a representative sample of 2,000 Americans fielded in April). Bright Line Watch homepage with data and past reports John Carey on NPR's All Things Considered, 4/22 discussing the latest report. Adam Przeworski's Substack Diary (free to subscribe and read) Democratic Erosion Project (with dataset that Gretchen mentioned) Susan's New Books Network conversation with Dr. Sue Stokes on the importance of integrating comparative politics and American politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Struggles for the Human: Violent Legality and the Politics of Rights (Duke University Press 2024), Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism's deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities' lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives. Lara Montesinos Coleman is Professor of International Law, Ethics and Political Economy at the University of Sussex, where she also teaches on the MA in Human Rights. She is author of Struggles for the Human: Violent Legality and the Politics of Rights, published by Duke University Press in 2024 and shortlisted for the Susan Strange Best Book Prize, awarded for an outstanding book published in any field of International Studies. Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at tw2468@columbia.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Policing is a source of perennial conflict and philosophical disagreement. Current political developments in the United States have only increased the urgency of this topic. Today we welcome philosopher Jake Monaghan to discuss his book, Just Policing (Oxford UP, 2023), which applies interdisciplinary insights to examine the morality of policing. Though the injustices of our world seemingly require some kind of policing, the police are often sources of injustice themselves. But this is not always the result of intentionally or negligently bad policing. Sometimes it is an unavoidable result of the injustices that emerge from interactions with other social systems. This raises an important question of just policing: how should police respond to the injustices built into the system? Just Policing attempts an answer, offering a theory of just policing in non-ideal contexts. Monaghan argues that police discretion is not only unavoidable, but in light of non-ideal circumstances, valuable. This claim conflicts with a widespread but inchoate view of just policing, the legalist view that finds justice in faithful enforcement of the criminal code. But the criminal code leaves policing seriously underdetermined; full enforcement is neither possible nor desirable. Police need an alternative normative framework for evaluating and guiding their exercise of power. Just Policing critiques popular approaches to police abolitionism while defending normative limits on police power. The book offers a defense of police discretion against common objections and evaluates controversial issues in order maintenance, such as the policing of "vice" and homelessness, democratic control over policing, community policing initiatives, police collaborations and alternatives like mental health response teams, and possibilities for structural reform. Jake Monaghan is Assistant Professor of Philosophy at the University of Southern California. He earned his Ph.D. in philosophy at the University of Buffalo. His research is primarily in moral and political philosophy. He is interviewed by Tom McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law and development internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From busting drug lords to leading the Pentagon task force charged with bringing the 9/11 terrorists to justice, Mark Fallon has spent his career on the front lines of U.S. national security. My first guest is one of the most fascinating people I've interviewed. Former NCIS Special Agent in Charge Mark Fallon is a national security consultant, scholar, and expert in counterintelligence and counterterrorism who's been involved in some of the most significant terrorism investigations in U.S. history. Mark served more than thirty years in government—twenty-seven with the NCIS and two as a Senior Executive within the Department of Homeland Security. He received numerous awards and medals for his service, including the Department of Defense Counterintelligence Award for Outstanding Achievement and the U.S. Secret Service Director Honors Award. As an NCIS Special Agent, Mark operated undercover in some of the most dangerous places in the world—from infiltrating drug rings in Thailand to capturing poachers in Kenya. He takes us inside his undercover operations and describes his strategy for a successful mission. We talked about the interview and interrogation techniques that actually work (hint: they involve rapport and, occasionally, French fries), and the moment his wife discovered details of an undercover operation. In the wake of the 9/11 terrorist attacks, Mark was appointed Deputy Commander and Special Agent in Charge of the Pentagon task force, responsible for investigating terrorists for possible trials before military commissions. His critically acclaimed book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture (Regan Arts, 2017) offers a gripping account of the leadership challenges he faced while trying to bring terrorists to justice without compromising his oath to protect and defend the Constitution. Mark opens up about what it takes to lead under pressure, the duty to disobey an unlawful order, and why interrogators make the best first dates He shares leadership lessons that extend far beyond national security—tools for navigating crisis, conflict, and high-stakes decisions in any field. Today, as founder of ClubFed, Mark serves as an international security consultant and continues his mission for improving the practice of interviews and interrogations. Pulitzer Prize–winning investigative reporter Bill Dedman calls Mark Fallon "the Serpico in the war on terror," and high-ranking officials call him an American hero who's made the world safer. Listen to the podcast—and you'll understand why. Pamela Hamilton is the award-winning author of Lady Be Good: The Life and Times of Dorothy Hale, Kirkus Best Book of the Year and Publishers Weekly Editor's Pick. As a producer with NBC News for nearly 15 years, she interviewed prominent figures in business, entertainment, lifestyle, and the arts. Visit www.pamelalhamilton.com to learn more — and sign up to be notified when new episodes are released. Connect on Instagram and Facebook @pamelahamiltonauthor.                  "We told them 'You may not, you must not—you have a duty not to obey an unlawful order." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With rigorous attention to history and empire, Maïa Pal's Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge UP, 2020) is a unique analysis of imperial expansion. Through an analysis of ambassadors and consuls in the Mediterranean—and attention to Castilian, French, Dutch, and British empires—Pal's multifaceted conceptualization of jurisdictional analysis gathers together law and capital in the early modern period. A compelling application of political Marxist frameworks, Jurisdictional Accumulation is a multidisciplinary approach to thinking through extraterritoriality and its implications. Through archival work, theorization, and legal analyses, Pal offers us a novel way to better understand the links between capital, law, and imperial authority. Dr. Maïa Pal is a Senior Lecturer in International Relations at Oxford Brookes University. Her research brings together international relations theory, international political economy, and histories of international law, and focuses on early modern overseas consuls, imperialism, and empire.Rine Vieth is an FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since American president Donald Trump was elected to a second term, it is common to hear citizens, journalists, and public officials distinguish between the laws and leaders of their states and the national government. Those who oppose Trump's policies with regard to reproductive rights, gun violence, LGBTQ+, education, police, and voting often present state constitutions, courts, laws, culture, and leaders as a bulwark against Trump's autocratic rule.  But Professor Stephen H. Legomsky sees it differently. His new book, Reimagining the American Union: The Case for Abolishing State Government (Cambridge University Press 2025) argues that – if we care about democracy – we should imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of one American people. Reimagining the American Union understands state government as the root cause of the gravest threats to American democracy. While some of those threats are baked into the Constitution, the book argues that others are the product of state legislatures abusing their powers through gerrymanders, voter suppression, and other less-publicized manipulations that often target African-Americans and other minority voters. Reimagining the American Union interrogates how having national, state and local legislative bodies, taxation, bureaucracy, and regulation wastes taxpayer money and burdens the citizenry. After assessing the supposed benefits of state government, Professor Legomsky argues for a new, unitary American republic with only national and local governments. Stephen H. Legomsky is the John S. Lehmann University Professor Emeritus at the Washington University School of Law. Professor Legomsky has published scholarly books on immigration and refugee law, courts, and constitutional law. He served in the Obama Administration as Chief Counsel of U.S. Citizenship and Immigration Services and later as Senior Counselor to Secretary of Homeland Security Jeh Johnson. He was a member of President-Elect Biden's transition team, has testified often before Congress, and has worked with state, local, UN, and foreign governments. Mentioned: Cambridge University press is offering a 20% discount here (until October) Susan's NBN interview with Richard Kreitner on Break It Up: Secession, Division, and The Secret History of America's Imperfect Union Jonathan A. Rodden's Why Cities Lose: The Deep Roots of the Urban-Rural Political Divide (Basic Books 2019) Hendrik Hertzberg's review of Robert A. Dahl's How Democratic Is the American Constitution (Yale) Shelby County v. Holder, the Supreme Court case that overturned the Voting Rights Act of 1965's pre-clearance requirement for historically discriminating districts Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In today's post-Roe v. Wade world, U.S. maternal mortality is on the rise and laws regarding contraception, involuntary sterilization, access to reproductive health services, and criminalization of people who are gestating are changing by the minute. Today I'm joined by Dr. Caitlin Killian, the editor of and one of the contributors to a new book from Bloomsbury Academic, Understanding Reproduction in Social Contexts: A Reader. I'm also pleased to host two of the chapter authors, Drs. Nancy Hiemstra and Jaya Keaney. Using a reproductive justice framework, Understanding Reproduction in Social Contexts walks students through the social landscape around reproduction through the life course. Chapters by cutting-edge reproductive scholars, practitioners, and advocates address the social control of fertility and pregnancy, the promises and perils of assisted reproductive technologies, experiences of pregnancy, miscarriage, abortion, and birth, and how individuals make sense of and respond to the cultural, social, and political forces that condition their reproductive lives. The book takes an intersectional approach and considers how gender, sexuality, fatness, disability, class, race, and immigration status impact both an individual's health and the healthcare they receive. The reader includes timely topics such as increased legal limitations on abortion, transpeople and reproduction, and new developments in assisted reproduction and family formation. The book can support undergraduate and graduate courses on families, gender, public health, reproduction, and sexuality – and I'm pleased to have contributed a chapter. Dr. Caitlin Killian is a Professor of Sociology at Drew University specializing in gender, families, reproduction, and immigration. We featured her book, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity 2023) previously on New Books Network. Her articles have appeared in Contexts magazine and The Conversation, as well as numerous academic journals, and she has done work for the United Nations on sexual and reproductive health and rights and on Syrian refugee women Dr. Nancy Hiemstra is a political, cultural, and feminist geographer and Associate Professor in the Department of Women's, Gender, and Sexuality Studies at Stony Brook University. Her scholarship focuses on how border and immigration policies shape patterns and consequences of human mobility. Her 2019 book Detain and Deport: The Chaotic U.S. Immigration Enforcement Regime examined the U.S. detention and deportation system, and her forthcoming book (with Deirdre Conlon) Immigration Detention Inc: The Big Business of Locking Up Migrants scrutinizes how profit making goals drive the expanding use of detention. Dr Jaya Keaney is Lecturer in Gender Studies in the School of Social and Political Sciences at the University of Melbourne. She writes, researches, and teaches in the fields of feminist technoscience, queer and feminist theory, and cultural studies. Her research across these fields explores reproduction, racism, and queer feminist practices of embodiment and inheritance. Jaya is the author of Making Gaybies: Queer Reproduction and Multiracial Feeling (Duke University Press, 2023), which was a finalist for the 2024 Rachel Carson Prize. Her writing has also appeared in journals such as Body and Society, Science Technology & Human Values, and the Duke University Press edited collection Long Term: Essays on Queer Commitment (2021). Mentioned: Susan's interview with Caitlin on Failing Moms: The Social Condemnation and Criminalization of Mothers (Polity, 2024). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today, human exceptionalism is the norm. Despite occasional nods to animal welfare, we prioritize humanity, often neglecting the welfare of a vast number of beings. As a result, we use hundreds of billions of vertebrates and trillions of invertebrates every year for a variety of purposes, often unnecessarily. We also plan to use animals, AI systems, and other nonhumans at even higher levels in the future. Yet as the dominant species, humanity has a responsibility to ask: Which nonhumans matter, how much do they matter, and what do we owe them in a world reshaped by human activity and technology? In The Moral Circle: Who Matters, What Matters, and Why (W.W. Norton, 2025), philosopher Jeff Sebo challenges us to include all potentially significant beings in our moral community, with transformative implications for our lives and societies. This book explores provocative case studies such as lawsuits over captive elephants and debates over factory-farmed insects, and compels us to consider future ethical quandaries, such as whether to send microbes to new planets, and whether to create virtual worlds filled with digital minds. Taking an expansive view of human responsibility, Sebo argues that building a positive future requires the shedding of human exceptionalism and radically rethinking our place in the world. Jeff Sebo is Associate Professor of Environmental Studies, Affiliated Professor of Bioethics, Medical Ethics, Philosophy, and Law, Director of the Center for Environmental and Animal Protection, Director of the Center for Mind, Ethics, and Policy, and Co-Director of the Wild Animal Welfare Program at New York University.  Kyle Johannsen is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021). Let's face it, most of the popular podcasts out there are dumb. NBN features scholars (like you!), providing an enriching alternative to students. We partner with presses like Oxford, Princeton, and Cambridge to make academic research accessible to all. Please consider sharing the New Books Network with your students. Download this poster here to spread the word.   Please share this interview on Instagram, LinkedIn, or Bluesky. Don't forget to subscribe to our Substack here to receive our weekly newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Emergency in Transit: Witnessing Migration in the Colonial Present (University of California Press, 2024) by Dr. Eleanor Paynter responds to the crisis framings that dominate migration debates in the global north. This capacious, interdisciplinary open-access study reformulates Europe's so-called "migrant crisis" from a sudden disaster to a site of contested witnessing, where competing narratives threaten, uphold, or reimagine migrant rights. Focusing on Italy, a crucial port of arrival, Dr. Paynter draws together testimonials from ethnographic research—alongside literature, film, and visual art—to interrogate the colonial, racial logics that inform emergency responses to migration. She also examines the media, discourses, policies, and practices that shape lived experiences of migration well beyond international borders. Centering the witnessing of Black Africans in Italy, Emergency in Transit reveals how this emergency apparatus operates and posits a vision of mobility that refutes the notions of crisis so often imposed on those who cross the Mediterranean Sea. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda's interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to the Global Corporations Special Series on the Law Channel on the New Books Network. This Special Series is dedicated to interviews with scholars about recent books engaging with different aspects of global corporations – with a focus on the role of law and legal forms. Our guest today is Professor Philip J. Stern, Professor of History at the History Department at Duke University. Philip is a historian of the British Empire, with an interest in the role of companies and corporations in colonial enterprise, overseas exploration and cartography, the historiography of British India, early modern economic thought, and digital and data visualization approaches to the problem of colonial sovereignty. We spoke with Philip in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his most recent book, Empire, Incorporated: The Corporations That Built British Colonialism (Harvard University Press, 2023). The book places corporations at the centre of the story of the British Empire. It is both a masterful synthesis of a vast body of existing historiographical literature and an incredibly original contribution describing the various corporations engaged in the interrelated and competing projects of what it terms as “corporate or venture colonialism” and their long afterlives of entangled sovereign and commercial powers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What would happen if policing disappeared? Would we be safe? This book imagines a world without police. It's evident that policing is a problem. But what is the best way forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete. Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing. McHarris challenges us to envision a future where safety is not synonymous with policing but is built on the foundation of community support and preventive measures. He explores innovative community-based safety models (like community mediators and violence interrupters), the decriminalization of driving offenses, and the creation of nonpolice crisis response teams. McHarris also outlines strategies for responding to conflict and harm in ways that transform the conditions that give rise to the issues. He asks us to imagine a world where people thrive without the shadow of inequality, where our approach to safety is a collective achievement. McHarris writes, "What if our response to crisis wasn't about control but about care? How can we create conditions where safety is a shared responsibility? How can we design justice so that no community is routinely oppressed? Envisioning such a world isn't just a daydream; it's the first step toward building a society where violence and fear no longer dictate our lives." Transformative and forward thinking, Beyond Policing provides a blueprint for a brighter, safer world. McHarris's vision is clear: we must dare to move beyond policing and foster a society where everyone has the resources to thrive and feel safe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Geographies of Gender: Family and Law in Imperial Japan and Colonial Taiwan (Cambridge University Press, 2024) Dr. Tadashi Ishikawa traces perceptions and practices of gender in the Japanese empire on the occasion of Japan's colonisation of Taiwan from 1895. In the 1910s, metropolitan and colonial authorities attempted social reform in ways which particularly impacted on family traditions and, therefore, gender relations, paving the way for the politics of comparison within and beyond the empire. In Geographies of Gender, Dr. Ishikawa delves into a variety of diplomatic issues, colonial and anticolonial discourses, and judicial cases, finding marriage gifts, daughter adoption, and premarital sexual relationships to be sites of tension between norms and ideals among both elite and ordinary men and women. He explores how the Japanese empire became a gendered space from the 1910s through the outbreak of the Second Sino-Japanese War in 1937, arguing that gender norms were both unsettled and reinforced in ways which highlight the instability of metropole-colony relations. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda's interviews on New Books with Miranda Melcher, wherever you get your podcasts. Let's face it, most of the popular podcasts out there are dumb. NBN features scholars (like you!), providing an enriching alternative to students. We partner with presses like Oxford, Princeton, and Cambridge to make academic research accessible to all. Please consider sharing the New Books Network with your students. Download this poster here to spread the word. Please share this interview on Instagram, LinkedIn, or Bluesky. Don't forget to subscribe to our Substack here to receive our weekly newsletter. 150 million lifetime downloads. Advertise on the New Books Network. Watch our promotional video. Learn how to make the most of our library. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Data and privacy have emerged as critical issues in our digitally interconnected era, profoundly influencing individual rights, societal norms, and democratic processes. In his book, On Privacy and Technology (Oxford UP, 2025), Daniel Solove provides a compelling exploration of the intersection between evolving technologies and privacy rights. Drawing on insights from law, philosophy, sociology, and communication studies, Solove unpacks the complex ways in which digital innovations challenge traditional notions of privacy and autonomy. The book advances a nuanced argument advocating for a reevaluation of how privacy is conceptualized and protected in an age dominated by data collection, surveillance, and algorithmic governance. In this episode, Daniel Solove discusses how contemporary privacy concerns—ranging from mass surveillance and data breaches to algorithmic bias and digital profiling—can be critically understood and addressed. Grounded in rigorous theoretical analysis, the conversation pushes against the narrative that technological advancement inevitably erodes privacy, instead highlighting strategies and frameworks through which privacy rights can be reclaimed and reinforced in the digital age. This interview was conducted by Shreya Urvashi, a doctoral researcher of sociology and education based in Toronto, Canada. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is constitutional private law, and how does it differ from the way we traditionally think about constitutional issues? When an individual employed by the government breaks the law, do we sue the person or the government? And what do these choices reveal about justice, accountability, and constitutional interpretation? This week Madison's Notes welcomes Garrett West, Associate Professor of Law at Yale Law School, for a deep dive into constitutional private law, an often-overlooked dimension of constitutional theory. While most discussions focus on government power and structure, this episode explores how constitutional principles might extend into private relationships and disputes. West breaks down essential legal vocabulary, examines unexpected historical shifts in constitutional doctrine, and analyzes how courts have grappled with applying constitutional norms beyond the state. From torts and remedies to federal courts and administrative law, this conversation challenges conventional boundaries and asks: Where does the Constitution's authority end? A must-listen for anyone interested in legal theory, civil liberties, and the evolving role of constitutional law in private life. 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

Today I'm speaking with Asad L. Asad, Assistant Professor of Sociology at Stanford University. He is the author of Engage and Evade: How Latino Immigrant Families Manage Surveillance in Everyday Life (Princeton UP, 2023). A highly relevant book, Engage and Evade documents the interactions between undocumented people and the agents and institutions of government. One might expect undocumented people to avoid the IRS, but as Asad demonstrates, many engage with government institutions in the hopes that positive interactions and compliance might help their immigration cases down the road. Published in 2023, immigration policy and treatment of undocumented people by the government has shifted dramatically in a short time. I'm grateful today to be able to speak with Asad about this thoughtful book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States is widely recognized as the quintessential consumer society, one where huge companies like Walmart and Amazon are famous for enticing customers with cheap goods and speedy delivery. Attention, Shoppers!: American Retail Capitalism and the Origins of the Amazon Economy (Princeton University Press, 2025) traces the origins and evolution of American retail capitalism from the late nineteenth century to today, uncovering the roots of a bitter equilibrium where large low-cost retailers dominate and vast numbers of low-income families now rely on them to make ends meet. Offering a comparative perspective on the history of American political economy, Dr. Kathleen Thelen shows how large-scale retailers in the United Kingdom, Germany, Denmark, and Sweden faced a far less hospitable regulatory environment than companies in the United States, which enjoyed judicial forbearance and often active government support. As American companies grew in scale and scope, they assembled an ever-expanding political coalition that could be weaponized to head off regulatory efforts, leveraging their market strength to squeeze suppliers and workers and even engaging in outright rule breaking when they encountered resistance. Placing the rise of the Amazon economy in a broader comparative-historical context, Attention, Shoppers! reveals how large discount retailers have successfully exploited a uniquely permissive regulatory landscape to create a shopper's paradise built on cheap labor and mass consumption. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It's the UConn Popcast, and we spoke with Duke Law Professor James Boyle about his new book The Line: AI and the Future of Personhood (MIT Press, 2024). We spoke with Boyle about how our legal and moral understandings of personhood are being challenged by advances in AI. We discussed the role of the law, popular culture, tests of sentience, and our capacity for empathy in shaping this urgent debate. James Boyle is William Neal Reynolds Professor of Law at Duke Law School and founder of the Center for the Study of the Public Domain. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Although Indigenous peoples are often perceived as standing outside political modernity, Savages and Citizens: How Indigeneity Shapes the State (University of Arizona Press, 2025) by Dr. Andrew Canessa & Dr. Manuela Lavinas Picq takes the provocative view that Indigenous people have been fundamental to how contemporary state sovereignty was imagined, theorized, and practiced. Delving into European political philosophy, comparative politics, and contemporary international law, this open-access book shows how the concept of indigeneity has shaped the development of the modern state. The exclusion of Indigenous people was not a collateral byproduct; it was a political project in its own right. The book argues that indigeneity is a political identity relational to modern nation-states and that Indigenous politics, although marking the boundary of the state, are co-constitutive of colonial processes of state-making. In showing how indigeneity is central to how the international system of states operates, the book forefronts Indigenous peoples as political actors to reject essentializing views that reduce them to cultural “survivors” rooted in the past. With insights drawn from diverse global contexts and empirical research from Bolivia and Ecuador, this work advocates for the relevance of Indigenous studies within political science and argues for an ethnography of sovereignty in anthropology. Savages and Citizens makes a compelling case for the centrality of Indigenous perspectives to understand the modern state from political theory to international studies. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda's episodes on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. The Common Core of European Administrative Laws Retrospective and Prospective (Brill/NIjhoff, 2023) an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core', Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making. This is the fourth book in the series, Comparative Law in Global Perspective published by Brill Niehoff, and it is available open access here. Giacinto della Cananea is a full professor in the department of law at the University of Bocconi. He holds a PhD in European law from the European University Institute (1994) and a law degree from the University of Rome ‘La Sapienza' (1989). He is a public lawyer, with research interests in administrative law, European Union law and global administrative law, with specific focus on three areas: the comparative law of administrative procedures, the general principles of law, and budgetary issues. He and Mauro Bussani are co-editors of the series Comparative Law in Global Perspective, published by Brill Niehoff Jessie Cohen holds a Ph.D. in History from Columbia University. She is an editor at the New Books Network Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What was it like to work as a Jewish district attorney in provincial Soviet Ukraine in the post-Stalinist eras? What role did antisemitism and Holocaust memories play in solving and investigating the criminal cases? How does a detective's mind work? The answers to these and many other fascinating questions are found in Memoirs of a Jewish District Attorney from Soviet Ukraine (Academic Studies Press, 2024).  Mikhail Goldis (1926-2020) worked as a detective and district attorney for 30 years in Ukraine and wrote his memoirs after immigrating to the US in 1993. Translated by Marat Grinberg, a prolific scholar of Russian and Jewish literature and cinema, the memoirs tell the rich and poignant story of Goldis's life and what it took for a Jew to navigate and survive in the halls of Soviet power. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to the Global Corporations Special Series on the Law Channel on the New Books Network. This Special Series is dedicated to interviews with scholars about recent books engaging with different aspects of global corporations – with a focus on the role of law and legal forms. Our guest today is Dr. Joshua Ehrlich, Associate Professor in the Department of History at the University of Macau. Josh is a historian of knowledge and political thought with a focus on the East India Company and the British Empire in South and Southeast Asia. We spoke with Josh in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his first book, The East India Company and the Politics of Knowledge which was published by Cambridge University Press in 2023. The book is a deeply researched and well-written account of how East India Company officials developed and deployed ideas about knowledge to bolster its own authority, and to manage the transition from corporate sovereignty towards unitary state sovereignty. In the process, Josh develops a novel methodological approach that he calls the history of ideas of knowledge – an approach that allows us to recover past meanings and usages of concepts about knowledge to make them available again in the present. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The presidents of the American Historical Association and Organization of American Historians join the podcast to talk about the effects of historical censorship, data shredding, meaningful public education – and what everyone can do to fight back. After being sworn in as the 47th president, Donald Trump issued a slew of executive orders. The order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” declares that “It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality...” This order has swiftly affected what people may read on websites or museum panels that describe historical events and artifacts. As a new joint statement from the American Historical Association and the Organization of American Historians recounts, “Some alterations, such as those related to topics like the Tuskegee Airmen and the internment of Japanese Americans during World War II, have been hurriedly reversed in response to public outcry. Others remain. The scrubbing of words and acronyms from the Stonewall National Monument webpage, for instance, distorts the site's history by denying the roles of transgender and queer people in movements for rights and liberation. This distortion of history renders the past unrecognizable to the people who lived it and useless to those who seek to learn from the past.” Dr. Beth English is Executive Director of the Organization of American Historians. Her research and teaching focus on the historical and contemporary labor movement, working-class issues, globalization, deindustrialization, and women in the workplace. She is the author of A Common Thread: Labor, Politics, and Capital Mobility in the Textile Industry, and co-editor of Global Women's Work: Perspectives on Gender and Work in the Global Economy. She has contributed to the Washington Post, NPR, Vox, Huffington Post, The New Republic, and other media outlets. Dr. James R. Grossman is executive director of the American Historical Association. Previously, he was vice president for research and education at the Newberry Library, and has taught at University of Chicago and University of California, San Diego. Among his many publications are the award-winning books, Land of Hope: Chicago, Black Southerners, and the Great Migration and A Chance to Make Good: African-Americans, 1900–1929. His articles and short essays have focused on various aspects of American urban history, African American history, ethnicity, higher education, and the place of history in public culture. His public facing scholarship includes work published in the Chicago Tribune, New York Times, Los Angeles Times, Time, The Hill, The Chronicle of Higher Education, and Inside Higher Education. Grossman has consulted on history-related projects generated by the BBC, Smithsonian, and various theater companies, film makers, museums, libraries, and foundations. He has served on the governing boards of the National Humanities Alliance, American Council of Learned Societies, Association of American Colleges and Universities, and Center for Research Libraries. Mentioned: OAH's Records at Risk Data Collection Initiative for individuals to report removed or changed material For federal workers who are interested in sharing their experiences, OAH's Emergency Oral History Project Arlington National Cemetery website removes histories highlighting Black, Hispanic, and women veterans National Center for Education Statistics (NCES) Removal of climate data from government websites Contribute to AHA and OAH 5calls ap for connecting with federal senators and representatives AHA Action Alert for Iowa residents (and AHA letter to Iowa Senate Education Committee) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rule of law faces serious threats to its viability in many countries. It has become a recurring topic in the media and is affecting our daily lives. To understand better the meaning of rule of law, the stakes, and how governments and citizens can respond to today's challenges, we must return to first principles. In Law's Rule (Oxford U. Press, 2022), eminent philosopher of law Gerald Postema draws on a lifetime of research and thought to articulate and defend a comprehensive, coherent, and compelling conception of the rule of law and defend it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, Postema argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Postema's work is theoretically rigorous while addressing the myriad practical considerations in building and maintaining the rule of law. Gerald Postema is Emeritus Professor of Philosophy, University of North Carolina had has widely published in legal and political philosophy and ethics. He earned a BA degree from Calvin College (1970) and PhD (1976) from Cornell University. He began his teaching career at Johns Hopkins University (1975-1980). From 1980 until his retirement in 2019, he taught philosophy and law at UNC-Chapel Hill, since 1996 as Boshamer Distinguished Professor of Philosophy. He is interviewed by Thomas McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ahmed M. Abozaid's Counterterrorism Strategies in Egypt: Permanent Exceptions in the War on Terror (Routledge, 2021) reveals how counterterrorism discourses and practices became the main tool of a systematic violation of human rights in Egypt after the Arab Uprising. It examines how the civic and democratic uprising in Egypt turned into robust authoritarianism. By interrogating Egypt's counterterrorism legislation, the book identifies a correlation between counterterrorism narratives and the systemic violation of human rights. It examines the construction of a national security state that has little tolerance for dissent, political debate or the questioning of official policy, and how the anti-terrorism measures undertaken are actually anti-democracy strategies. In this episode, Ibrahim Fawzy interviews Ahmed M. Abozaid about his personal experiences, the difference between critical and traditional terrorism studies, the impact of counterterrorism policies on marginalized communities in Upper Egypt, and more. Ibrahim Fawzy is a literary translator and writer based in Boston. His interests include translation studies, Arabic literature, ecocriticism, disability studies, and migration literature. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book poses the question: How relevant is the concept of war today? Professor Andrew Clapham of the Graduate Institute of International and Development Studies in Geneva examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It considers the role international law plays in limiting what is forbidden and what is legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institutions, sates nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects that are said to be part of a war-sustaining economy. Professor Clapham argues that, while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. In other words, simply claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people's property or territory. In this podcast, we begin by exploring Professor Clapham's motivation for writing the book and the central arguments challenging traditional ideas of war, law, and state power. We discuss how historical, and outdated, ideas of ‘prize' or war booty continue to influence modern conflict, and explore how rhetorical usages of the words ‘war' and ‘armed conflict' exert a particular influence on populations and even on the soldiers themselves. Professor Clapham argues that human rights law should play a bigger role in limiting actions of states in armed conflict, and looks to the future legal challenges posed by cyber warfare, drones and AI / autonomous weapons. We also touch on accountability for war crimes and other international crimes, both at the level of international state responsibility as seen at the International Court of Justice, and at the individual criminal liability as seen in the International Criminal Court. We end with an intriguing insight into how Professor Clapham is looking to further develop his thinking for his next book. This book is available OPEN ACCESS here. Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. His University of Leeds profile page can be found here:  Bluesky: @batesmith.bsky.social LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy. By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty. Simon Rabinovitch is the Stotsky Associate Professor of Jewish Historical and Cultural Studies at Northeastern University. He teaches and writes on a range of topics in European, Jewish, Russian, and legal history. Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University's Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939. Mentioned in the podcast: • Simon Rabinovitch, Jewish Rights, National Rites: Nationalism and Autonomy in Late Imperial and Revolutionary Russia (2014) • Maurice Samuels, The Right to Difference: French Universalism and the Jews (2016) • David Sorkin, The Religious Enlightenment: Protestants, Jews, and Catholics from London to Vienna (2008) • David Sorkin, Jewish Emancipation: A History across Five Centuries (2019) • Lawrence Rosen, The Rights of Groups: Understanding Community in the Eyes of the Law (2024) • Winnifred Fallers Sullivan, Church State Corporation: Construing Religion in US Law (2020) • Nomi M. Stolzenberg and David N. Myers, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York (2022) • David Biale, Power & Powerlessness in Jewish History (1986) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Mark Neocleous about his new book Pacification: Social War and the Power of Police (Verso, 2025). For more than two decades, Neocleous has been a pioneer in the radical critique of policing, security, and warfare. Today we will discuss his newest work on the theory and practice of pacification, which, he argues, is “social warfare carried out through the ideology of peace.” Pacification not only aims to counter resistance to capitalist exploitation, dispossession, and displacement, but it aims to prevent such resistance from emerging in the first place by constructing social institutions and the built environment. Pacification is a totalizing process by which states deploy social policies, symbolic practices, and coercive operations in order to produce cooperative – or at least acquiescent – subjects. However, pacification never succeeds in obscuring the antagonistic nature of capitalist social relations. Consequently, pacification becomes an endless social war for peace. Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London. His previous books include A Critical Theory of Police Power (reissued by Verso in 2021), The Politics of Immunity (Verso, 2022), and War Power, Police Power (Edinburgh 2014). As a member of the Anti-Security Collective, he co-authored the Security Abolition Manifesto, which is available at anti-security.org.  Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Birthright citizenship is established in the first sentence of the Fourteenth Amendment to the United States Constitution – yet Donald Trump's recent Executive Order 14160 denies some types of birthright citizenship. The Order contradicts over a century of American law, legal practice, and constitutional interpretation. Three groups have opposed the order as unconstitutional and challenged it in the courts: and cities, civil rights organizations, and labor organizations. In the podcast, three scholars to help Susan and Lilly interrogate the meaning of natural born citizenship, the political ramifications of Trump's order, and the complicated history of natural born citizenship in the United States. Dr. Anna O. Law is the Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at Brooklyn College, City University of New York. Julie Novkov is Dean of Rockefeller College of Public Affairs and Policy and Professor of Political Science and Women's, Gender, and Sexuality Studies, University at Albany, SUNY. Carol Nackenoff is the Emerita Richter Professor of Political Science, Swarthmore College Mentioned: Calvin's Case (1608) Donald Trump's Executive order 14160 Julie and Carol's 2021 book American by Birth: Wong Kim Ark and the Battle for Citizenship and their NBN interview with Susan. Anna's 2025 FREE open-access article “The Civil War and Reconstruction Amendments' Effects on Citizenship and Migration” Anna's NBN conversation with Heath Brown on her 2017 book, The Immigration Battle in American Courts Lilly's conversation with Martha Jones about her book, Birthright Citizens: A History of Race and Rights in Antebellum America Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, from Revolution to Reconstruction (2021) Lilly's NBN conversation with Elizabeth Cohen and Cyril Ghosh about their 2019 book Citizenship Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Unruly Tongue: Speech and Violence in Medieval Italy (University of Pennsylvania Press, 2025) by Dr. Melissa Vise, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, Dr. Vise locates the history of the repression of speech not in Europe's monarchies but rather in Italy's republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Dr. Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe. The medieval citizens of Italy's republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom. Speech-making was the means for speaking the republic itself into existence against the opposition of aristocracy, empire, and papacy. But because words had power, they could also be deployed as weapons. Speech contained the potential for violence and presented a threat to political and social order, and thus needed to be controlled. Dr. Vise shows how the laws that governed and curtailed speech in medieval Italy represented broader cultural understandings of human susceptibility to speech. Tracing anthropologies of speech from religious to political discourse, from civic courts to ecclesiastical courts, from medical texts to the works of Dante and Boccaccio, The Unruly Tongue demonstrates that the thirteenth century marked a major shift in how people perceived the power, and the threat, of speech: a change in thinking about “what words do.” This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 (Cambridge University Press, 2022) by Dr. Kristin Olbertson is the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness. Analyzing provincial statutes and hundreds of criminal prosecutions, Dr. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effectuate the British Empire. In this unique and fascinating work, Dr. Olbertson reveals how ordinary people interacted with and shaped legal institutions. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Critics on the Left have long attacked open markets and free trade agreements for exploiting the poor and undermining labor, while those on the Right complain that they unjustly penalize workers back home. In Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019), Kimberly Clausing takes on old and new skeptics in her compelling case that open economies are actually a force for good. Turning to the data to separate substance from spin, she shows how international trade makes countries richer, raises living standards, benefits consumers, and brings nations together. At a time when borders are closing and the safety of global supply chains is being thrown into question, she outlines a clear agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy and establish a better partnership between labor and the business community. Kimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy at the UCLA School of Law. During the first part of the Biden Administration, Clausing was the Deputy Assistant Secretary for Tax Analysis in the US Department of the Treasury, serving as the lead economist in the Office of Tax Policy. Prior to coming to UCLA, Clausing was the Thormund A. Miller and Walter Mintz Professor of Economics at Reed College. Professor Clausing is also a nonresident senior fellow at the Peterson Institute for International Economics, a member of the Council on Foreign Relations, and a research associate at the National Bureau of Economic Research. She has worked on economic policy research with the International Monetary Fund, the Hamilton Project, the Brookings Institution, the Tax Policy Center, and the Center for American Progress. She has testified before the House Ways and Means Committee, the Senate Committee on Finance, the Senate Committee on the Budget, and the Joint Economic Committee. Professor Clausing received her B.A. from Carleton College in 1991 and her Ph.D. from Harvard University in 1996, both in economics. Other New Books Networks interviews on related themes include Yale economist Penny Goldberg, former Chief Economist of the World Bank, on The Unequal Effects of Globalization, Princeton economist Leah Boustan on how immigrants have contributed to and rapidly assimilated into US society, and University of Massachusetts economist Isabella Weber on China's process of integration into the world economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, Jorge Goldstein, the author of Patenting Life, delves into the critical junction where biotechnology meets patent law. With a background as a molecular biologist turned patent attorney, Goldstein offers unique insights into how commercial biology has evolved and its profound effects on patent regulations. The discussion takes listeners on a journey from the early days of recombinant DNA technology to the cutting-edge advancements of CRISPR. Goldstein articulates how the commercialization of biological research influences scientific inquiry and reshapes patent law, highlighting key legal cases that have set the boundaries for patenting living organisms while addressing the complex ethical considerations that accompany these developments. A significant theme in the conversation is the ongoing tension between academic research and commercial interests. Goldstein explains how this dynamic has molded patent policies and research agendas, emphasizing the concept of “enabling life” through patents. He also touches on emerging challenges posed by technologies like AI in biotechnology, raising questions about ownership and consent regarding biological materials and genetic data. Reflecting on broader ethical implications, Goldstein discusses the responsibilities that come with innovation in biotechnology and patent law while considering the future challenges for intellectual property frameworks, particularly in light of advancements in CRISPR and synthetic biology. This episode provides a comprehensive overview of how the patenting of life has transformed not only biology and medicine but also the legal landscape, prompting listeners to think critically about the implications of these changes for society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Succinct and eloquent, On Privacy and Technology (Oxford UP, 2025) 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. Compelling and passionate, On Privacy and Technology teems with powerful insights that will transform the way you think about privacy and technology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Violence has only increased in Mexico since 2000: 23,000 murders were recorded in 2016, and 29,168 in 2017. The abundance of laws and constitutional amendments that have cropped up in response are mirrored in Mexico's fragmented cultural production of the same period. Contemporary Mexican literature grapples with this splintered reality through non-linear stories from multiple perspectives, often told through shifts in time. The novels, such as Jorge Volpi's Una novela criminal [A Novel Crime] (2018) and Julián Herbert's La casa del dolor ajeno [The House of the Pain of Others] (2015) take multiple perspectives and follow non-linear plotlines; other examples, such as the very short stories in ¡Basta! 100 mujeres contra la violencia de género [Enough! 100 Women against Gender-Based Violence] (2013), present perspectives from multiple authors. Few scholars compare cultural production and legal texts in situations like Mexico, where extreme violence coexists with a high number of human rights laws. Unlawful Violence: Mexican Law and Cultural Production (Vanderbilt UP, 2022) measures fictional accounts of human rights against new laws that include constitutional amendments to reform legal proceedings, laws that protect children, laws that condemn violence against women, and laws that protect migrants and Indigenous peoples. It also explores debates about these laws in the Mexican house of representatives and senate, as well as interactions between the law and the Mexican public. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the latest episode of Madison's Notes, I spoke with Janie Nitze, co-author of Over Ruled: The Human Toll of Too Much Law (Harper, 2004), a book written alongside Supreme Court Justice Neil Gorsuch. Janie, a Harvard-educated attorney and former clerk for Justices Sonia Sotomayor and Neil Gorsuch, discussed the growing complexity of laws in America and their impact on everyday citizens. The book shares stories of ordinary Americans—fishermen in Florida, families in Montana, monks in Louisiana, and more—who find themselves caught in legal mazes created by an overwhelming and often opaque system of regulations. Janie explained that while laws are necessary to maintain order and freedom, the sheer volume and complexity of modern regulations can undermine those principles. She highlighted how excessive laws, many of which are created by unelected agency officials, disproportionately affect those without wealth or power. Through these stories, Over Ruled shows how overregulation can erode trust in the legal system and create unintended consequences for individuals navigating their lives. Janie's perspective, shaped by her work at the Supreme Court, the Department of Justice, and the Privacy and Civil Liberties Oversight Board, provided a clear look at the challenges of balancing regulation and individual liberty. Over Ruled is a timely exploration of these issues, and this episode offers a deeper understanding of the human cost of too much law. Tune in to hear Janie's insights and learn more about the stories behind the book. 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

Alexandra Grey speaks with Karen McAuliffe about multilingual law-making. Karen is a Professor of Law and Language at Birmingham Law School in the UK. The conversation is about the important legal opinions delivered by the Advocates General at the European Court of Justice, and the effects of Advocates General drafting those opinions in their second or third language and with multilingual support staff. It builds on a chapter written by Karen McAuliffe, Liana Muntean & Virginia Mattioli in the book Researching the European Court of Justice, edited by Madsen, Nicola and Vauchez and published by Cambridge University Press in 2022. For additional resources, show notes, and transcripts, go here. You can also follow Alexandra on LinkedIn and Karen on BlueSky @profkmca.bsky.social. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Constitutional Ratification Without Reason (Oxford UP, 2022) focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification.  To address these oversights, this book defines ratification and its types, explains for the first time the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, experts should not recommend ratification as a matter of course, practitioners should not reach for it uncritically, and—more generally—one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making. Jeffrey Lenowitz is the Meyer and W. Walter Jaffe Associate Professor of Politics at Brandeis University, focusing on political theory. His research explores the the procedures uses to create new constitutions; constituent power and constitutional theory; the concept of legitimacy in the social sciences; voting ethics; and other aspects of democratic theory and institutional design.  Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

While full- and part-time college faculty and lecturers go about their jobs—doing all that is seen (teaching and publishing) and unseen (class prep, grading, and researching)—little, if any time is given to the uncomfortable acknowledgment that those acts have legal ramifications. Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know (2025, Rowman & Littlefield) thoughtfully addresses topics that are vital for those in academia. Kent Kauffman is an Associate Professor of Business Law at Purdue University Fort Wayne. Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this conversation, we sit down with John D. Wilsey, Professor of Church History and Philosophy at The Southern Baptist Theological Seminary and Senior Fellow at the Center for Religion, Culture, and Democracy, to tackle the urgent and often contentious topic of religious freedom in America. Drawing from his forthcoming book, Religious Freedom: A Conservative Primer (William B. Eerdmans, 2025), Wilsey examines how conservatives have historically understood religious freedom, how those views have evolved, and why the gap between past and present perspectives matters in today's culture, and how it is the bedrock of American Government. Wilsey addresses issues at the heart of this debate: How has the conservative understanding of religious freedom shifted, and what are the consequences of that shift? 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

Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad. Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-life problems. She is a member of Independent SAGE providing accessible updates on the national and international Covid-19 situation since May 2020. She has published in public-facing venues such as The Conversation and her free Substack, Diving into Data & Decision making. You can follow her on social media. Mentioned in the podcast: Christina's 2/13/25 Substack, "So this is how liberty dies… " Making sense of Trump's first three weeks (categorizing 76 Trump administration actions and demonstrating how they align with authoritarianism). Christina's 2/17/25 Substack, How to fight back: charting opposition to the actions of the Trump administration (showing how Blue states, labor organizations, and civil rights groups are doing the most – and what can be learned from them). The Just Security's Litigation Tracker based at the Reiss Center on Law and Security at New York University School of Law. Vox's 2/12/25 Unexplainable podcast, “Is Science in Danger?” (20 minutes) Noam Hassenfeld interviewing Derek Dowe (chemist/science writer) Transcript or podcast. Susan's interview with Corey Brettschneider on his new Norton book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law