New Books in Law

In Learning to Lead: Undocumented Students Mobilizing Education (Duke University Press, 2024), Jennifer R. Nájera explores the intersections of education and activism among undocumented students at the University of California, Riverside. Taking an expansive view of education, Nájera shows how students' experiences in college—both in and out of the classroom—can affect their activism and advocacy work. Students learn from their families, communities, peers, and student and political organizations. In these different spaces, they learn how to navigate community and college life as undocumented people. Students are able to engage campus organizations where they can cultivate their leadership skills and—importantly—learn that they are not alone. These students embody and mobilize their education through both large and small political actions such as protests, workshops for financial aid applications, and Know Your Rights events. As students create community with each other, they come to understand that their individual experiences of illegality are part of a larger structure of legal violence. This type of education empowers students to make their way to and through college, change their communities, and ultimately assert their humanity. Jennifer R. Nájera is Associate Professor of Ethnic Studies at the University of California, Riverside. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does it mean to be British? To answer this, Multiracial Britishness: Global Networks in Hong Kong, 1910–45 (Cambridge UP, 2023) by Dr. Vivian Kong takes us to an underexplored site of Britishness – the former British colony of Hong Kong. Vivian Kong asks how colonial hierarchies, the racial and cultural diversity of the British Empire, and global ideologies complicate the meaning of being British. Using multi-lingual sources and oral history, Dr. Kong traces the experiences of multiracial residents in 1910-45 Hong Kong. Guiding us through Hong Kong's global networks, and the colony's co-existing exclusive and cosmopolitan social spaces, this book uncovers the long history of multiracial Britishness. Dr. Kong argues that Britishness existed in the colony in multiple, hyphenated forms – as a racial category, but also as privileges, a means of survival, and a form of cultural and national belonging. This book offers us an important reminder that multiracial inhabitants of the British Empire were just as active in the making of Britishness as the British state and white Britons. 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

In this episode, we sit down with Shaina Potts, author of Judicial Territory: Law, Capital, and the Expansion of American Empire (Duke University Press, 2024)—a groundbreaking book that reveals how U.S. courts have quietly become instruments of global economic governance. Drawing on legal geography and a sharp understanding of finance and political economy, Shaina uncovers how American judicial authority has extended beyond borders to discipline postcolonial states, enforce the primacy of private property, and protect the rights of foreign investors. This legal reach—what she calls judicial territory—has been a crucial, yet overlooked, pillar of U.S. empire and the liberal international order. The conversation unpacks how doctrines like foreign sovereign immunity and the act of state doctrine have enabled courts in New York and elsewhere to shape global capital flows, often treating foreign governments like private firms. Through detailed case studies—such as a startling instance where a U.S. court orders Ghana to seize an Argentine ship—we trace the long arc of legal imperialism from the Cold War through today's multipolar tensions. We also ask: Could China or Russia create alternative legal geographies of power? What does the future hold for judicial authority in fields like tech regulation, climate, and global finance? GUEST BIO: Dr. Shaina Potts is an economic, legal, and political geographer and Associate Professor at UCLA. She focuses on the articulation of international political economy, geopolitics, and law. In the age of globalization, cross-border economic processes are often treated as placeless, ubiquitous flows, making nation-states and borders increasingly obsolete. Her work shows, in contrast, how transnational economic relations are inscribed in concrete and geographically specific legal and institutional practices and that states remain central to producing and governing this activity. Much of her research combines analyses of technical, economic, and legal processes with extensive historical and geopolitical contextualization to show how the perpetuation of North-South economic inequalities is shaped by the micro-operations of contracts, financial transactions, and law. A strand of her research focuses on financial geographies of sovereign debt, with a focus on debt crises in the Global South. More on Shaina and research is available here: https://geog.ucla.edu/person/shaina-potts/ LINKS TO RESOURCES: Judicial Territory: Law, Capital, and the Expansion of American Empire: https://dukeupress.edu/judicial-territory Long-form essay on Shaina Potts' Judicial Territory by Ilias Alami: https://journals.sagepub.com/doi/10.1177/0308518X251342660 The Spectre of State Capitalism by Ilias Alami and Adam Dixon: https://academic.oup.com/book/57552 Corporate Sovereignty Law and Government under Capitalism by Joshua Barkan - https://www.upress.umn.edu/9780816674275/corporate-sovereignty/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Unseen History of International Law (Oxford University Press, 2025) locates and describes almost one thousand surviving copies of the first nine editions of Hugo Grotius' De iure belli ac pacis (IBP) published between 1625 and 1650. Meticulously reconstructing the publishing history of these first nine editions and cataloguing copies across hundreds of collections, The Unseen History provides fundamental data for reconstructing the impact of IBP across time and space. The authors, Dr. Mark Somos, Dr. Matthew Cleary, Dr. Pablo Dufour, Dr. Edward Jones Corredera, and Dr. Emanuele Salerno, also examined annotations that thousands of owners and readers have left in IBP copies over four centuries, offering original insights into the development of international law.Grotius' De iure belli ac pacis has been commonly regarded as the foundation of modern international law since its first appearance in 1625. Most major international law scholars have engaged with IBP, often owning and richly annotating their own copies. At key moments - including the demise of the Holy Roman Empire, the fall of Napoleon, and the end of both world wars - IBP was reissued with new commentaries by multinational projects devoted to restarting the international order. Despite the enormous literature on IBP's reception and influence, we cannot fully understand its impact without uncovering the history of IBP as a physical object, with hundreds of thousands of unpublished annotations arguing or agreeing with the text, updating and adapting its contents.Approaching Grotius' seminal work as a physical vehicle of the author's, the publishers', owners', and readers' engagement, The Unseen History radically expands and revises our understanding not only of IBP, but also of the academic discipline and lived practice of modern international law over the last four centuries. In addition to delving into the first nine editions' printing history, descriptive bibliography, and both Grotius' and the publishers' marketing and donation strategies, the book explores Grotius' subsequent impact on pro-slavery and abolitionist litigation as a case study of how the census' original findings can be applied to specific areas of reception. 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

When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn't take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa's popular Substack. In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes. Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University's Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy. Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects. Playlist for listeners: Immigration Realities Understanding Disinformation The Ungrateful Refugee Where is home? Who gets believed? Belonging Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Their Accomplices Wore Robes: How the Supreme Court Chained Black America to the Bottom of a Racial Caste System (Doubleday, 2025) takes readers from the Civil War era to the present and describes how the Supreme Court, even more than the presidency or Congress, aligned with the enemies of Black progress to undermine the promise of the Constitution's Thirteenth, Fourteenth, and Fifteenth Amendments.The Reconstruction Amendments, which sought to abolish slavery, establish equal protection under the law, and protect voting rights, converted the Constitution into a potent anti-caste document. But in the years since, the Supreme Court has refused to allow the amendments to fulfill that promise. Time and again, when petitioned to make the nation's founding conceit, that all men are created equal, real for Black Americans, the nine black robes have chosen white supremacy over racial fairness. Their Accomplices Wore Robes brings to life dozens of cases and their rich casts of characters to explain how America arrived at this point and how society might arrive somewhere better, even as today's federal courts lurch rightward. Brando Simeo Starkey is a writer and scholar. A graduate of Harvard Law School and a member of the New York Bar, he taught law at Villanova Law School and wrote for several years for ESPN's The Undefeated (now Andscape). Born and raised in Cincinnati, he lives in Southern California with his wife and two sons. You can find him online at The Braveverse, and on his YouTube channel of the same name. You can find the host, Sullivan Summer, online, on Instagram, and at Substack, where she and Brando continue their conversation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Human Toll: Taxation and Slavery in Colonial America (NYU Press, 2025) by Anthony C. Infanti documents how the American colonies used tax law to dehumanize enslaved persons, taxing them alongside valuable commodities upon their forced arrival and then as wealth-generating assets in the hands of slaveholders. Dr. Infanti examines how taxation also proved to be an important component for subjugating and controlling enslaved persons, both through its shaping of the composition of new arrivals to the colonies and through its funding of financial compensation to slaveholders for the destruction of their “property” to ensure their cooperation in the administration of capital punishment. The variety of tax mechanisms chosen to fund slaveholder compensation payments conveyed messages about who was thought to benefit from—and, therefore, who should shoulder the burden of—slaveholder compensation while opening a revealing window into these colonial societies.While the story of colonial tax law is intrinsically linked to advancing slavery and racism, Infanti reveals how several colonies used the power of taxation as a means of curtailing the slave trade. Though often self-interested, these efforts show how taxation can be used not only in the service of evil but also to correct societal injustices. Providing a fascinating account of slavery's economic entrenchment through the history of American tax law, The Human Toll urges us to consider the lessons that fiscal history holds for those working in the reparations movement today. 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

HIV emerged in the world at a time when medicine and healthcare were undergoing two major transformations: globalization and a turn toward legally inflected, rule-based ways of doing things. It accelerated both trends. While pestilence and disease are generally considered the domain of biological sciences and medicine, social arrangements—and law in particular—are also crucial. Drawing on years of research in HIV clinics in the United States, Thailand, South Africa, and Uganda, Governing the Global Clinic: HIV and the Legal Transformation of Medicine (University of Chicago Press, 2025) by Dr. Carol Heimer examines how growing norms of legalized accountability have altered the work of healthcare systems and how the effects of legalization vary across different national contexts. A key feature of legalism is universalistic language, but, in practice, rules are usually imported from richer countries (especially the United States) to poorer ones that have less adequate infrastructure and fewer resources with which to implement them. Challenging readers to reconsider the impulse to use law to organize and govern social life, Governing the Global Clinic poses difficult questions: When do rules solve problems, and when do they create new problems? When do rules become decoupled from ethics, and when do they lead to deeper moral commitments? When do rules reduce inequality? And when do they reflect, reproduce, and even amplify inequality? 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

The Supreme Court's ruling in 2022 changed the established methodology for evaluating Second Amendment cases. What was the existing methodology, and what does this shift signify for future interpretations? We sit down with Joel Alicea, Professor of Law and Director, the Center for the Constitution and the Catholic Intellectual Tradition at the Columbus School of Law at the Catholic University of America. We discuss the implication of the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen and the new methodology relates to originalist interpretations. He answers questions on how courts define “tradition” when using it as legal reasoning, and the limitations it can pose. Finally, Alicea offers a nuanced perspective on the application of gun rights in America with recognition of America's complicated relationship with firearms. 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

We've been focusing on the dynamics of democratic backsliding in the United States and beyond. In this episode of Postscript: Conversations on Politics and Political Science, Susan talks the co-founder and co-director of the Democratic Erosion Consortium, Dr. Robert Blair about how the Consortium offers FREE resources to teachers, students, journalists, policy makers, and any interested person – including shared syllabus, readings, assignments, YouTube virtual roundtables, and policy briefs. Rob defines democratic erosion and offers critical insights on the importance of interdisciplinarity, calibrating outrage, and distinguishing between policy disputes and the erosion of democracy. He offers a clear-headed analysis of what is legal v. what breaks down democracy that is not to be missed. We conclude with thoughts on what everyone can do protect democracy. Dr. Robert Blair is Associate Professor of Political Science and International and Public Affairs at Brown University and co-founder and co-director of the Democratic Erosion Consortium. He studies the consolidation of state authority after civil war, with an emphasis on rule of law and security institutions, as well as the causes and consequences of democratic backsliding. His book, Peacekeeping, Policing, and the Rule of Law after Civil War, was published in 2020 with Cambridge University Press and his articles appear in political science outlets such as American Political Science Review, American Journal of Political Science, Journal of Politics, Comparative Political Studies, and International Organization but also science journals such as Science, Nature Human Behaviour, or Current Opinion in Psychology. Mentioned: Inside Higher Ed piece on grants terminated by the Trump administration, including one that funded the Democratic Erosion Consortium “An Events-Based Approach to Understanding Democratic Erosion,” P/S Political Science & Politics by Rob, Hannah Baron, Jessica Gottlieb, and Laura Paler summarizes their data collection efforts on democratic backsliding A special issue of P/S Political Science & Politics on the study of democratic backsliding An academic article on combatting misinformation from Current Opinion in Psychology by Rob, Jessica Gottlieb, Brendan Nyhan, Laura Paler, Pablo Argote, and Charlene J. Stainfield Democratic Erosion Project website and data set Chris Geidner, Law Dork: Supreme Court, Law, Politics, and More Substack Center for Systemic Peace's Polity Project coding authority characteristics of states in the world system University of Notre Dame's V-Dem Project measuring democracy Rob mentioned Brazil as a fruitful comparison for the US. He is particularly focused on how the courts can defend democratic institutions and processes – and how hard it can be to know where to draw the line between courts protecting vs. assailing democracy, and to know when the line has been crossed. Two gift articles from The New York Times here and here. Contact info for Rob: robert_blair@brown.edu Follow Rob and Democratic Erosion Consortium on social media: @robert_a_blair on X, @DemErosionDEC on X, @robertblair.bsky.social on BlueSky, @demerosiondec.bsky.social on BlueSky 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 of Madison's Notes, Michael McConnell examines the gap between the Founders' vision of a limited presidency and today's expansive executive power. Drawing on his book The President Who Would Not Be King (Princeton University Press, 2022), we discuss how the Constitution's safeguards against monarchical authority have eroded over the past century—and what steps might restore balance to our system of government. From war powers to administrative overreach, the conversation tackles the urgent question: How did we get here, and what can be done? Michael McConnell is a renowned constitutional scholar, Stanford Law professor, and former federal judge on the Tenth Circuit Court of Appeals. A leading voice on originalism and separation of powers, his work bridges historical intent and modern legal debates, making him the perfect guide for this critical discussion. 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

Constitutional Conventions: Theories, Practices and Dynamics (Routledge, 2025) is an excellent edited volume exploring the various ways in which governments and constitutional structures operate in the spaces that are not necessarily articulated in law, edict, or formal documents. This is not a text about the folks who gathered together in 1787 in Philadelphia, or even those who wrote new constitutional structures after the fall of the Berlin Wall. Conventions means the rules that govern the interactions between political actors and the governments they inhabit. In many ways, this refers to the kinds of norms that have grown up around different parts of the systems of government. The strength and endurance of those rules or norms can change over time and in response to crises or dynamic changes. Constitutional Conventions: Theories, Practices, and Dynamics explores these thick and thin dimensions of the governing structures from a comparative perspective, taking up Anglo and American systems in the United States, the United Kingdom, and Australia. The book also examines the cases of Hungary and Czechia (the Czech Republic), two post-Cold War systems; and finally, also, China. In considering these constitutional conventions, we can think of them as structures or engagement that is not enforced by the courts, since these are not, per se, written constitutional laws. In long standing liberal democracies, there is an inclination towards adhering to conventions. But when these conventions are under strain, how they work, or maintain “regular order” becomes a critical test within the established governmental systems. Constitutional Conventions provides another dimension of significant interest in the discussion of how China works within these kinds of conventions within the process in which political individuals come up through the governmental and party systems and move into leadership roles. The comparative case study of Hungary and Czechia indicates that even in somewhat similar structures, the conventions and norms are not always the same. Constitutional Conventions: Theories, Practices, and Dynamics is an important analysis of the ways in which governmental structures work beyond what is written or built as the official system. The discussions cover theoretical, practical, and comparative dimensions of our understandings of the processes and functions of governments. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or send her missives at Bluesky @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Envisioning queer futures where we lovingly wager everything for the world's children, the planet, and all living beings against all odds, and in increasingly precarious times. Tamara Lea Spira's Queering Families: Reproductive Justice in Precarious Times (U California Press, 2025) traces the shifting dominant meanings of queer family from the late twentieth century to today. With this book, Spira highlights the growing embrace of normative family structures by LGBTQ+ movements--calling into question how many queers, once deemed unfit to parent, have become contradictory agents within the US empire's racial and colonial agendas. Simultaneously, Queering Families celebrates the rich history of queer reproductive justice, from the radical movements of the 1970s through the present, led by Black, decolonial, and queer of color feminist activists. Ultimately, Spira argues that queering reproductive justice impels us to build communities of care to cherish and uphold the lives of those who, defying normativity's violent stranglehold, are deemed to be unworthy of life. She issues the call to lovingly wager a future for the world's children, the planet, and all living beings against all odds, and in increasingly perilous times. Shui-yin Sharon Yam is Professor of Writing, Rhetoric, and Digital Studies at the University of Kentucky. She is the author of Inconvenient Strangers: Transnational Subjects and the Politics of Citizenship and more recently, Doing Gender Justice: Queering Reproduction, Kin and Care (co-authored withe Natalie Fixmer-Oraiz). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Tens of millions of children in the United States participate in youth sport, a pastime widely believed to be part of a good childhood. Yet most children who enter youth sport are driven to quit by the time they enter adolescence, and many more are sidelined by its high financial burdens. Until now, there has been little legal scholarly attention paid to youth sport or its reform. In More Than Play: How Law, Policy, and Politics Shape American Youth Sport (University of California Press, 2025) Dr. Dionne Koller sets the stage for a different approach by illuminating the law and policy assumptions supporting a model that puts children's bodies to work in an activity that generates significant surplus value. In doing so, she identifies the wide array of beneficiaries who have a stake in a system that is much more than just play—and the political choices that protect these parties' interests at children's expense. 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

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