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Latest episodes from New Books in Law

Joshua Castellino, "Calibrating Colonial Crime: Reparations and The Crime of Unjust Enrichment" (Policy Press, 2025)

Play Episode Listen Later Nov 4, 2025 52:59


While decolonization liberated territories, it left the root causes of historical injustice unaddressed. Governance change did not address past wrongs and transferred injustice through political and financial architectures. In Calibrating Colonial Crime: Reparations and The Crime of Unjust Enrichment (Bristol University Press/Policy Press, 2024) Dr. Joshua Castellino presents a five-point plan aimed at system redress through reparations that addresses the colonially induced climate crisis through equitable and sustainable means. In highlighting the structural legacy of colonial crimes, Dr. Castellino provides insights into the complexities of contemporary societies, showing how legal frameworks could foster a fairer, more just world. 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

Linda Upham-Bornstein, "'Mr. Taxpayer versus Mr. Tax Spender': Taxpayers' Associations, Pocketbook Politics, and the Law during the Great Depression" (Temple UP, 2023)

Play Episode Listen Later Nov 2, 2025 45:45


During the Great Depression, the proliferation of local taxpayers' associations was dramatic and unprecedented. The justly concerned members of these organizations examined the operations of state, city, and county governments, then pressed local officials for operational and fiscal reforms. These associations aimed to reduce the cost of state and local governments to make operations more efficient and less expensive. "Mr. Taxpayer versus Mr. Tax Spender": Taxpayers' Associations, Pocketbook Politics, and the Law during the Great Depression (Temple UP, 2023) by Dr. Linda Upham-Bornstein presents a comprehensive overview of these grassroots taxpayers' leagues beginning in the 1860s and shows how they evolved during their heyday in the 1930s. Dr. Upham-Bornstein chronicles the ways these taxpayers associations organized as well as the tools they used—constructive economy, political efforts, tax strikes, and tax revolt through litigation—to achieve their objectives. Taxpayer activity was a direct consequence of—and a response to—the economic crisis of the Great Depression and the expansion of the size and scope of government. “Mr. Taxpayer versus Mr. Tax Spender” connects collective tax resistance in the 1930s to the populist tradition in American politics and to other broad impulses in American political and legal history. 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

Louise Nyholm Kallestrup, "The Construction of Witchcraft in Early Modern Denmark, 1536-1617" (Routledge, 2025)

Play Episode Listen Later Nov 1, 2025 45:13


Louise Nyholm Kallestrup joins Jana Byars to talk about her new book, The Construction of Witchcraft in Early Modern Denmark, 1536-1617 (Routledge, 2025) This book examines how the experience of witchcraft developed and evolved from the Lutheran Evangelical Reformation of Denmark 1536 to the celebration of the Lutheran centennial of 1617. As well as exploring witchcraft, this volume is a portrait of Denmark and how religion and politics in the 16th and 17th centuries were impossible to separate. It was in this period from 1536 to 1617 that witchcraft went from an offence condemned in the Bible and prohibited in the medieval Law of Jutland, to being described in detail as the worst of crimes. Witchcraft evolved from being defined as imposing harm to someone or something, to being a mockery of God. Approaching the theme from the new history of experience, this book refers to process as the construction of witchcraft as a crime. Contributions draw on a wide range of textual and visual sources, and bring together court records, sermons, legal regulations and correspondence with pamphlets, devotional literature and demonological treaties. The book is the first of its kind that aims to explain how this development occurred. This volume is useful for undergraduates, postgraduates and scholars, as well as non-specialist readers interested in the history of witchcraft, magic and alchemy, women's and gender history and European history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Tamar Mitts, "Safe Havens for Hate: The Challenge of Moderating Online Extremism" (Princeton UP, 2025)

Play Episode Listen Later Oct 31, 2025 45:21


Content moderation on social media has become one of the most daunting challenges of our time. Nowhere is the need for action more urgent than in the fight against terrorism and extremism. Yet despite mass content takedowns, account suspensions, and mounting pressure on technology companies to do more, hate thrives online. Safe Havens for Hate: The Challenge of Moderating Online Extremism (Princeton University Press, 2025) looks at how content moderation shapes the tactics of harmful content producers on a wide range of social media platforms.Drawing on a wealth of original data on more than a hundred militant and hate organizations around the world, Dr. Tamar Mitts shows how differing moderation standards across platforms create safe havens that allow these actors to organize, launch campaigns, and mobilize supporters. She reveals how the structure of the information environment shapes the cross-platform activity of extremist organizations and movements such as the Islamic State, the Proud Boys, the Oath Keepers, and QAnon, and highlights the need to consider the online ecosystem, not just individual platforms, when developing strategies to combat extremism.Taking readers to the frontlines of the digital battleground where dangerous organizations operate, Safe Havens for Hate sheds critical light on how governments and technology companies grapple with the tension between censorship and free speech when faced with violence, hate, and extremism. 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

Amanda Laury Kleintop, "Counting the Cost of Freedom: The Fight Over Compensated Emancipation After the Civil War" (UNC Press, 2025)

Play Episode Listen Later Oct 27, 2025 60:00


During the Civil War, the U.S. federal government abolished slavery without reimbursing enslavers, diminishing the white South's wealth by nearly 50 percent. After the Confederacy's defeat, white Southerners demanded federal compensation for the financial value of formerly enslaved people and fought for other policies that would recognize abolition's costs during Reconstruction. As Amanda Laury Kleintop shows in Counting the Cost of Freedom: The Fight Over Compensated Emancipation After the Civil War (University of North Carolina Press, 2025), their persistence eventually led to the creation of Section 4 of the Fourteenth Amendment, which abolished the right to profit from property in people. Surprisingly, former Confederates responded by using Lost Cause history-making to obscure the fact that they had demanded financial redress in the first place. The largely successful efforts of white Southerners to erase this history continues to generate false understandings today. Kleintop draws from an impressive array of archival sources to uncover this lost history. In doing so, she demonstrates how this legal battle also undermined efforts by formerly enslaved people to receive reparations for themselves and their descendants—a debate that persists in today's national dialogue. Amanda Laury Kleintop is assistant professor of history at Elon University. Ryan Tripp is an adjunct for universities and California community colleges. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nathan E. Sanders and Bruce Schneier, "Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship" (MIT Press, 2025)

Play Episode Listen Later Oct 23, 2025 43:32


AI is changing democracy. We still get to decide how.AI's impact on democracy will go far beyond headline-grabbing political deepfakes and automated misinformation. Everywhere it will be used, it will create risks and opportunities to shake up long-standing power structures.In this highly readable and advisedly optimistic book, Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship (MIT Press, 2025), security technologist Bruce Schneier and data scientist Nathan Sanders cut through the AI hype and examine the myriad ways that AI is transforming every aspect of democracy—for both good and ill.The authors describe how the sophistication of AI will fulfill demands from lawmakers for more complex legislation, reducing deference to the executive branch and altering the balance of power between lawmakers and administrators. They show how the scale and scope of AI is enhancing civil servants' ability to shape private-sector behavior, automating either the enforcement or neglect of industry regulations. They also explain how both lawyers and judges will leverage the speed of AI, upending how we think about law enforcement, litigation, and dispute resolution.Whether these outcomes enhance or degrade democracy depends on how we shape the development and use of AI technologies. Powerful players in private industry and public life are already using AI to increase their influence, and AIs built by corporations don't deliver the fairness and trust required by democratic governance. But, steered in the right direction, AI's broad capabilities can augment democratic processes and help citizens build consensus, express their voice, and shake up long-standing power structures.Democracy is facing new challenges worldwide, and AI has become a part of that. It can inform, empower, and engage citizens. It can also disinform, disempower, and disengage them. The choice is up to us. Schneier and Sanders blaze the path forward, showing us how we can use AI to make democracy stronger and more participatory. Nathan E. Sanders is a data scientist focused on making policymaking more participatory. His research spans machine learning, astrophysics, public health, environmental justice, and more. He has served in fellowships at the Massachusetts legislature and the Berkman-Klein Center at Harvard University. Caleb Zakarin is editor of 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

Robert C. Bird, "Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage" (Cambridge UP, 2025)

Play Episode Listen Later Oct 23, 2025 59:26


Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage (Cambridge UP, 2025) offers a step-by-step guide on how to utilize the law as a source of value in organizations. Robert C. Bird demonstrates how legal knowledge can be a valuable asset for firms, providing them with a sustainable competitive advantage that is difficult for rivals to imitate. Bird presents a five-part framework that outlines how firms can use legal knowledge in competitive markets and how they can avoid misusing it. Chapters also highlight how firms can cultivate legal knowledge and apply novel risk tools to overcome unexpected legal threats. The book emphasizes the importance of ethical values in business decisions and shows how managers and lawyers can build an ethical practice of legal knowledge that benefits both business and society. With the help of numerous visuals, this book makes it easy for readers to leverage legal knowledge and apply it to specific business contexts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Elisabeth R. Anker, "Ugly Freedoms" (Duke UP, 2022)

Play Episode Listen Later Oct 19, 2025 60:09


Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedoms (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom's rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom' that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history. Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kelley Helmstutler Di Dio, "Shipping Sculptures from Early Modern Italy: The Mechanics, Costs, Risks, and Rewards" (Brepols, 2025)

Play Episode Listen Later Oct 17, 2025 54:54


Shipping Sculptures from Early Modern Italy: The Mechanics, Costs, Risks, and Rewards (Brepols, 2025) by Dr. Kelley Helmstutler Di Dio focuses on enormous amounts of sculptures moved from Italy to Spain from ca. 1500-1750. An analysis of an important body of unpublished archival documentation regarding the practical issues involved in making and transporting sculpture, provide the basis for this study of the development of technologies, infrastructure, and labor organization necessary to make such challenging transports of moving sculptures by land and sea possible. Artists, patrons, and agents had the eventual movement to a destination at the center of decision making when new sculptures were commissioned to send. Sending antiquities or second-hand works required even more planning and care. Divided into a series of case studies of major sculptures, Shipping Sculptures offers a new approach to the study of cross-cultural artistic exchange, state gifts, collecting and patronage, by examining the practical details of object movement over challenging geographies. 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

Rehan Abeyratne, "Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment" (Oxford UP, 2025)

Play Episode Listen Later Oct 16, 2025 62:17


Democratic backsliding, culture wars and partisan politics in the past two decades has seen the regression of human rights protections in the courts and across societies. However, having made incremental gains in constitutional courts, LGBTQ+ rights operate as somewhat of a paradox. In this pivotal work, Professor Rehan Abeyratne makes an argument that the progress made in LGBTQ+ rights protection obscures an increased shift towards authoritarian legality in the courts and beyond. Case studies of three apex courts - the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - provide insight into the erosion of democracy and the rule of law across these jurisdictions. Courts and  LGBTQ+ Rights in an Age of Judicial Retrenchment (Oxford UP, 2025) is an important work and should serve as a warning sign to constitutional lawyers, human rights scholars and anybody interested in the values that underpin liberal democracy as to the the limited ability of constitutional courts to protect rights in the current climate.   Professor Rehan Abeyratne is is Professor and Associate Dean (Higher Degree Research) at Western Sydney University School of Law, where he teaches Government and Public Law, Legal Research and Methodology, and Comparative Law: Legal Systems of the World. He also coordinates the School of Law's Honours Program. Professor Abeyratne holds a PhD from Monash University, a JD from Harvard Law School, and a BA (Hons.) in Political Science from Brown University. He researches comparative constitutional law and has published several books and articles in world leading journals. Most of Prof. Abeyratne's research can be freely accessed on SSRN, Academia, and Google Scholar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Future of the Forest: Struggles over Land and Law in India

Play Episode Listen Later Oct 13, 2025 31:45


How did India's landmark Forest Rights Act come into being? And what difference has it made to the lives of historically marginalized forest-dwelling communities? These questions are at the heart of Anand Vaidya's new monograph Future of the forest: Struggles over land and law in India that we discuss in this episode. Future of the forest offers a compelling account of the making, implementation, and partial unravelling of the Forest Rights Act, and traces the complex ways in which collective action and mobilization have shaped the use and impact of this potentially revolutionary legislation. Anand P. Vaidya is an Associate Professor of Anthropology at Reed College. Kenneth Bo Nielsen is an Associate Professor of Social Anthropology at the University of Oslo where he also heads the Centre for South Asian Democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

S. Orestis Palermos, "Cyborg Rights: Extending Cognition, Ethics, and the Law" (Routledge, 2025)

Play Episode Listen Later Oct 10, 2025 60:37


Until recently, no one could access the detailed contents of your mind directly the way only you can. This level of protection of our mental data was guaranteed by the way we are built biologically – and it can no longer be taken for granted. In Cyborg Rights: Extending Cognition, Ethics, and the Law (Routledge, 2025) S. Orestis Palermos considers the ethical and legal implications of the extended mind thesis – the idea that information-processing technologies are not merely tools but literal parts of our minds. While this thesis remains controversial, there is little doubt that technological devices can push information that coheres in an integrated way with your thoughts – for example, when your phone presents photographs of last year's holiday on today's anniversary. Such mind extensions create new vulnerabilities to invasions of mental privacy, freedom of thought, and protection from personal assault. Palermos, who is assistant professor of philosophy at the University of Ioannina, articulates these new problems and explores what levels of protection we should adopt in the face of them, up to the point of making it technologically impossible to access or manipulate your extended mental contents.  S. Orestis Palermos is Assistant Professor of Philosophy at University of Ioannina, in Greece. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Miranda Spieler, "Slaves in Paris: Hidden Lives and Fugitive Histories" (Harvard UP, 2025)

Play Episode Listen Later Oct 8, 2025 53:33


In the decades leading up to the French Revolution, when Paris was celebrated as an oasis of liberty, slaves fled there, hoping to be freed. They pictured Paris as a refuge from France's notorious slave-trading ports. The French were late to the slave trade, but they dominated the global market in enslaved people by the late 1780s. This explosive growth transformed Paris, the cultural capital of the Enlightenment, into a dangerous place for people in bondage. Those seeking freedom in Paris faced manhunts, arrest, and deportation. Some put their faith in lawyers, believing the city's courts would free them. Examining the lives of those whose dashed hopes and creative persistence capture the spirit of the era, in Slaves in Paris: Hidden Lives and Fugitive Histories (Harvard University Press, 2025), Dr. Miranda Spieler brings to light a hidden story of slavery and the struggle for freedom. Fugitive slaves collided with spying networks, nosy neighbors, and overlapping judicial authorities. Their clandestine lives left a paper trail. In a feat of historical detective work, Dr. Spieler retraces their steps and brings to light the new racialized legal culture that permeated every aspect of everyday life. She pieces together vivid, granular portraits of men, women, and children who came from Africa, the Caribbean, and the Indian Ocean. We learn of their strategies and hiding places, their family histories and relationships to well-known Enlightenment figures. Slaves in Paris is a history of hunted people. It is also a tribute to their resilience. 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

Raymond J. McKoski, "David Davis, Abraham Lincoln's Favorite Judge" (U Illinois Press, 2025)

Play Episode Listen Later Oct 3, 2025 57:47


One of Abraham Lincoln's staunchest and most effective allies, Judge David Davis masterminded the floor fight that gave Lincoln the presidential nomination at the 1860 Republican National Convention. This history-changing event emerged from a long friendship between the two men. It also altered the course of Davis's career, as Lincoln named him to the U.S. Supreme Court in 1862. In David Davis, Abraham Lincoln's Favorite Judge (University of Illinois Press, 2025), Raymond J. McKoski offers a biography of Davis's public life, his impact on the presidency and judiciary, and his personal, professional, and political relationships with Lincoln. Davis lent his vast network of connections, organizational and leadership abilities, and personal persuasiveness to help Lincoln's political rise. When Davis became a judge, he honed an ability to hear each case with complete impartiality, a practice that endeared him to Lincoln but one day put him at odds with the president over important Civil War-era rulings. McKoski details these cases while providing an in-depth account of Davis's role in Lincoln's two unsuccessful campaigns for U.S. Senate and the fateful run for the presidency. Raymond J. McKoski is a retired Illinois Circuit Judge and adjunct professor at the University of Illinois Chicago School of Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Deepa Das Acevedo, "The War on Tenure" (Cambridge UP, 2025)

Play Episode Listen Later Oct 3, 2025 62:47


As academia increasingly comes under attack in the United States, The War on Tenure (Cambridge UP, 2025) steps in to demystify what professors do and to explain the importance of tenure for their work. Deepa Das Acevedo takes readers on a backstage tour of tenure-stream academia to reveal hidden dynamics and obstacles. She challenges the common belief that tenure is only important for the protection of academic freedom. Instead, she argues that the security and autonomy provided by tenure are also essential to the performance of work that students, administrators, parents, politicians, and taxpayers value. Going further, Das Acevedo shows that tenure exists on a spectrum of comparable employment contracts, and she debunks the notion that tenure warps the incentives of professors. Ultimately, The War on Tenure demonstrates that the job security tenure provides is not nearly as unusual, undesirable, or unwarranted as critics claim. Deepa Das Acevedo, JD, PhD is an Associate Professor of Law at Emory University. Host: 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

Greg Lukianoff and Nadine Strossen, "The War on Words: 10 Arguments Against Free Speech—And Why They Fail" (Heresy Press, 2025)

Play Episode Listen Later Oct 2, 2025 52:35


The War on Words: 10 Arguments Against Free Speech—And Why They Fail (Heresy Press, 2025) constitutes a bulwark against the persistent censorial efforts from both the political left and right. At a time when conformist pressures threaten viewpoint diversity, and when political attacks on free expression are mounting, this book is a valuable resource for all who seek to understand and defend the right that is central to both individual liberty and our democratic self-government. This concise volume is organized around 10 claims that proponents of speech restrictions regularly assert, such as: “words are violence,” “free speech is right-wing,” and “hate speech isn't free speech.” In lively, clear, and persuasive prose, the authors examine the flaws in these pro-censorship assertions. The book also includes an insightful introduction by Jacob Mchangama, shedding additional light on the topic from historical and international perspectives. Greg Lukianoff is an attorney, New York Times best-selling author, and the President and CEO of the Foundation for Individual Rights and Expression (FIRE). Nadine Strossen is the John Marshall Harlan II Professor of Law Emerita at New York Law School and was the national President of the American Civil Liberties Union from 1991 to 2008. She is a Senior Fellow at FIRE and serves on the advisory boards of the ACLU, Academic Freedom Alliance, Heterodox Academy, and National Coalition Against Censorship. Caleb Zakarin is editor of 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

Rosemary Admiral, "Living Law: Women and Legality in Marinid Morocco" (Syracuse UP, 2025)

Play Episode Listen Later Sep 29, 2025 49:00


Dr. Rosemary Admiral provides a groundbreaking history of women's legal engagement in Marinid Morocco between the thirteenth and fifteenth centuries that fundamentally challenges contemporary assumptions about women's relationships to Islamic legal traditions. Drawing on a rich collection of fatwas (legal documents) from Fez and surrounding areas, Dr. Admiral demonstrates how women—some without formal education—strategically navigated complex legal landscapes to protect their interests, expand their rights, and reshape social dynamics. Contrary to prevailing narratives that portray Islamic law as a monolithic, oppressive system, the book shows how women actively co-produced legal interpretations. They used sophisticated strategies like contract stipulations, exploring plurality in legal opinions, and consulting local scholars to renegotiate marriage terms and expand their rights. These women did not view the legal system as an enemy, but as an instrument for challenging misdeeds and addressing community needs. Dr. Admiral draws attention to the historical practice and implementation of the Maliki school of Islamic law in an area that remained outside of Ottoman control. She highlights women's engagement with Islamic law as deeply embedded in support systems encompassing families, communities, and legal structures, and makes visible women's agency and power. 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

Jacinto Cuvi, "The Edge of the Law: Street Vendors and the Erosion of Citizenship in São Paulo" (U Chicago Press, 2025)

Play Episode Listen Later Sep 24, 2025 49:03


How street vendors tangle with the law in São Paulo, Brazil. With a little initiative and very little startup money, an outgoing individual might sell you a number of delights and conveniences familiar to city dwellers—from cold water bottles while you're sitting in traffic to a popsicle from a cart on a summer afternoon in the park. Such vendors form a significant share of the workforce in São Paulo, Brazil, but their ubiquity belies perpetual struggle. Some have the right to practice their trade; others do not. All of them strive to make it—or stay afloat.In The Edge of the Law: Street Vendors and the Erosion of Citizenship in São Paulo, (U Chicago Press, 2025) Jacinto Cuvi introduces us to the world of street vendors and teases out the relationship between the construction of legality and the experience of citizenship. As São Paulo's city government undertakes a large-scale plan to cancel street vending licenses and evict street vendors, Cuvi reveals how the rights of informal workers can be revoked or withheld and how the lines can be redrawn between work that is “legal” and work that takes place under constant fear of law enforcement. Alongside the mechanics of disenfranchisement, Cuvi captures the lived experience of criminalization, dissecting the distribution of (shallow) rights among vendors who continually reinvent strategies to eke out a living while dealing with the constraints and pressures of informal citizenship at the edge of the law. Michael O. Johnston, Ph.D. is a Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His general area of study is at the intersection of space, behavior, and identity. He is currently conducting research about: escape rooms, the use of urban design in downtown historical neighborhoods of rural communities, and a study on belongingness in college and university. To learn more about Michael O. Johnston you can go to his personal website, Google Scholar, Bluesky (@professorjohnst.bsky.social), Twitter (@ProfessorJohnst), or by email Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rebecca Nagle, "By the Fire We Carry: The Generations-Long Fight for Justice on Native Land" (Harper, 2024)

Play Episode Listen Later Sep 16, 2025 39:18


In 2020, the US Supreme Court ruled, in a surprise decision, that treaties still on the books as US law meant that the Muscogee people of Oklahoma maintained legal jurisdiction over a large portion of the state; in short, that much of Oklahoma remained Indian Country. McGirt v. Oklahoma has been fought over in the court system since, but the implications are ongoing, in Oklahoma and elsewhere. In By the Fire We Carry: The Generations-Long Fight for Justice on Native Land (Harper, 2024), award winning journalist, writer, and podcaster Rebecca Nagle tracks this story back hundreds of years, through the history of the Muscogee and other Southeastern Indigenous nations, to the era of removal in the 1830s, and up through the present day. This includes the case of Patrick Murphy, and the murder that kickstarted McGirt's surprising and unlikely trek through the courts. A powerful of story of what can happen when people simply follow the laws as written, Nagle argues that Indigenous resistance, resilience, and power as just as much of the story of the West as disposession and land loss. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Celene Reynolds, "Unlawful Advances: How Feminists Transformed Title IX" (Princeton UP, 2025)

Play Episode Listen Later Sep 16, 2025 45:20


When the US Congress enacted Title IX of the Education Amendments of 1972, no one expected it to become a prominent tool for confronting sexual harassment in schools. Title IX is the civil rights law that prohibits education programs from discriminating “on the basis of sex.” At the time, however, the term “sexual harassment” was not yet in use; this kind of misconduct was simply accepted as part of life for girls and women at schools and universities. In Unlawful Advances: How Feminists Transformed Title IX (Princeton UP, 2025), Celene Reynolds shows how the women claiming protection under Title IX made sexual harassment into a form of sex discrimination barred by the law. Working together, feminist students and lawyers fundamentally changed the right to equal opportunity in education and schools' obligations to ensure it. Drawing on meticulously documented case studies, Reynolds explains how Title IX was applied to sexual harassment, linking the actions of feminists at Cornell, Yale, and Berkeley. Through analyses of key lawsuits and an original dataset of federal Title IX complaints, she traces the evolution of sexual harassment policy in education—from the early applications at elite universities to the growing sexual harassment bureaucracies on campuses today—and how the work of these feminists has forever shaped the law, university governance, and gender relations on campus. Reynolds argues that our political and interpretive struggle over this application of Title IX is far from finished. Her account illuminates this ongoing effort, as well as the more general process by which citizens can transform not only the laws that govern us, but also the very meaning of equality under American law. New Books in Women's History Podcast Jane Scimeca, Professor of History at Brookdale Community College, website here @janescimeca.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

Julien Mailland on "The Game That Never Ends: How Lawyers Shape the Videogame Industry"

Play Episode Listen Later Sep 15, 2025 70:25


Peoples & Things host, Lee Vinsel, talks with Julien Mailland, Associate Professor of Media Management, Law, and Policy at The Media School of Indiana University Bloomington, about his book, The Game That Never Ends: How Lawyers Shape the Videogame Industry. The book examines key moments, beginning in the 1970s, in which legal decisions influenced how the videogame industry worked, how law shaped business and technology strategy and vice versa. The conversation touches on the book's three major themes: intellectual property, freedom of speech, and international law. The pair also discuss Mailland's new project, a geopolitical history of the best-selling videogame of all time, Tetris. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Katherine Eva Maich, "Bringing Law Home: Gender, Race, and Household Labor Rights" (Stanford UP, 2025)

Play Episode Listen Later Sep 15, 2025 48:40


The personal nature of domestic labor, and its location in the privacy of the employer's home, means that domestic workers have long struggled for equitable and consistent labor rights. The dominant discourse regards the home as separate from work, so envisioning what its legal regulation would look like is remarkably challenging. In Bringing Law Home: Gender, Race, and Household Labor Rights (Stanford University Press, 2025), Dr. Katherine Eva Maich offers a uniquely comparative and historical study of labor struggles for domestic workers in New York City and Lima, Peru. She argues that if the home is to be a place of work then it must also be captured in the legal infrastructures that regulate work. Yet, even progressive labor laws for domestic workers in each city are stifled by historically entrenched patterns of gendered racialization and labor informality. Peruvian law extends to household workers only half of the labor protections afforded to other occupations. In New York City, the law grants negligible protections and deliberately eschews language around immigration. Dr. Maich finds that coloniality is deeply embedded in contemporary relations of service, revealing important distinctions in how we understand power, domination, and inequality in the home and the workplace. 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

Rose Casey, "Aesthetic Impropriety: Property Law and Postcolonial Style" (Fordham UP, 2025)

Play Episode Listen Later Sep 12, 2025 52:20


Aesthetic Impropriety: Property Law and Postcolonial Style (Fordham UP, 2025) analyzes vanguard legal actions and literary innovations to reveal contemporary reforms to property law that are undoing law's colonial legacies. Casey traces precise legal histories across distinct jurisdictions throughout the anglophone world, revealing the connection between land law and petroleum extraction in the Niger Delta, inheritance and divorce laws and gender inequality in India, intellectual property law and Indigenous dispossession in South Africa, and admiralty law and racialized non-personhood in the English Atlantic. In response to these manifold forms of dispossession, significant reforms are underway, including through common lawsuits, statutory reform, and proposed changes to legal doctrine. Casey develops the concept of aesthetic impropriety to identify shared structures of thought across legal and literary venues. She shows that writers of poetry and prose are also transforming harmful property laws: in Nigeria, Ben Okri and Chigozie Obioma have articulated symbiotic ecological relationships that are also evidenced in recent actions against petroleum companies; in India, Arundhati Roy's challenge to divorce laws has preempted similar attempts at reform in Parliament; in South Africa, Zoë Wicomb theorized protections for Indigenous modes of creative production nineteen years before they were signed into law; and in the Americas, M. NourbeSe Philip has proposed a novel method of achieving justice for the one hundred fifty enslaved people who were killed in the 1781 Zong massacre.Aesthetic Impropriety makes a convincing case for literature's generative capacities and registers the enduring significance of the postcolonial as a necessary framework for understanding globalized inequality in the twenty-first century. By analyzing shared legal and aesthetic transformations, Aesthetic Impropriety argues that law and literature play vital roles in creating anticolonial world orders. Arnab Dutta Roy is Assistant Professor of World Literature and Postcolonial Theory at Florida Gulf Coast University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Maria R. Montalvo, "Enslaved Archives: Slavery, Law, and the Production of the Past" (Johns Hopkins UP, 2024)

Play Episode Listen Later Sep 9, 2025 81:01


Explores the relationship between the production of enslaved property and the production of the past in the antebellum United States. It is extraordinarily difficult for historians to reconstruct the lives of individual enslaved people. Records--where they exist--are often fragmentary, biased, or untrue. In Enslaved Archives: Slavery, Law, and the Production of the Past (Johns Hopkins UP, 2024), Maria R. Montalvo investigates the legal records, including contracts and court records, that American antebellum enslavers produced and preserved to illuminate enslavers' capitalistic motivations for shaping the histories of enslaved people. The documentary archive was not simply a by-product of the business of slavery, but also a necessary tool that enslavers used to exploit the people they enslaved. Building on Montalvo's analysis of more than 18,000 sets of court records, Enslaved Archives is a close study of what we can and cannot learn about enslaved individuals from the written record. By examining five lawsuits in Louisiana, Montalvo deconstructs enslavers' cases--the legal arguments and rhetorical strategies they used to produce information and shape perceptions of enslaved people. Commodifying enslaved people was not simply a matter of effectively exploiting their labor. Enslavers also needed to control information about those people. Enslavers' narratives--carefully manipulated, prone to omissions, and sometimes false--often survive as the only account of an enslaved individual's life. In working to historicize the people at the center of enslavers' manipulations, Montalvo outlines the possibilities and limits of the archive, providing a glimpse of the historical and contemporary consequences of commodification. Enslaved Archives makes a significant intervention in the history of enslaved people, legal history, and the history of slavery and capitalism by adding a qualitative dimension to the analysis of how enslavers created and maintained power. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Karen Bartlett, "Escape from Kabul: The Afghan Women Judges Who Fled the Taliban and Those They Left Behind" (New Press, 2025)

Play Episode Listen Later Sep 5, 2025 61:03


In this episode, New Books Network Host Nina Bo Wagner speaks with Karen Bartlett about The Escape From Kabul: A True Story of Sisterhood and Defiance (The New Press and Duckworth, 2025). The book follows Afghan women judges who fought for justice in the courtroom, then fought to escape with their lives. Across twenty years of U.S.-backed government, Afghan women obtained legal degrees, became judges, and set out to transform their country. Their work, however, posed an existential threat to everything the Taliban believed in. When the United States withdrew in August 2021, the women judges of Afghanistan faced mortal danger. Journalist Karen Bartlett goes beyond their escape, and talks about the Afghan women judges' backgrounds, the cases they were tie breakers on, and the importance of the international network of women judges who helped them evacuate in 2021. Bartlett critiques the abandonment of Afghanistan by the West, and warns people not to normalise or be complacent to the Taliban regime which is still strongly opposed within the country. She also calls for the international community to take accountability for women judges who are still left in limbo or trapped in Afghanistan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Brendan A. Shanahan, "Disparate Regimes: Nativist Politics, Alienage Law, and Citizenship Rights in the United States, 1865-1965" (Oxford UP, 2025)

Play Episode Listen Later Sep 1, 2025 77:16


Historians have well described how US immigration policy increasingly fell under the purview of federal law and national politics in the mid-to-late nineteenth century. It is far less understood that the rights of noncitizen immigrants in the country remained primarily contested in the realms of state politics and law until the mid-to-late twentieth century. Such state-level political debates often centered on whether noncitizen immigrants should vote, count as part of the polity for the purposes of state legislative representation, work in public and publicly funded employment, or obtain professional licensure.Enacted state alienage laws were rarely self-executing, and immigrants and their allies regularly challenged nativist restrictions in court, on the job, by appealing to lawmakers and the public, and even via diplomacy. Battles over the passage, implementation, and constitutionality of such policies at times aligned with and sometimes clashed against contemporaneous efforts to expand rights to marginalized Americans, particularly US-born women.  Often considered separately or treated as topics of marginal importance, Disparate Regimes: Nativist Politics, Alienage Law, and Citizenship Rights in the United States, 1865–1965 (Oxford University Press, 2025) by Dr. Brendan A. Shanahan underscores the centrality of nativist state politics and alienage policies to the history of American immigration and citizenship from the late nineteenth to the mid-twentieth centuries. It argues that the proliferation of these debates and laws produced veritable disparate regimes of citizenship rights in the American political economy on a state-by-state basis. It further illustrates how nativist state politics and alienage policies helped to invent and concretize the idea that citizenship rights meant citizen-only rights in law, practice, and popular perception in the United States. 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

Margaret E. Roberts, "Censored: Distraction and Diversion Inside China's Great Firewall" (Princeton UP, 2020)

Play Episode Listen Later Aug 31, 2025 50:55


We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts' new book Censored: Distraction and Diversion Inside China's Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet. She identifies 3 types of censorship: fear (threatening punishment to deter the spread or access of information); friction (increasing the time or money necessary to access information); and flooding (publishing information to distract, confuse, or dilute). Roberts shows how China customizes repression by using friction and flooding (censorship that is porous) to deter the majority of citizens whose busy schedules and general lack of interest in politics make it difficult to spend extra time and money accessing information. Highly motivated elites (e.g. journalists, activists) who are willing to spend the extra time and money to overcome the boundaries of both friction and flooding meanwhile may face fear and punishment. The two groups end up with very different information – complicating political coordination between the majority and elites. Roberts's highly accessible book negotiates two extreme positions (the internet will bring government accountability v. extreme censorship) to provide a more nuanced understanding of digital politics, the politics of repression, and political communication. Even if there is better information available, governments can create friction on distribution or flood the internet with propaganda. Looking at how China manages censorship provides insights not only for other authoritarian governments but also democratic governments. Liberal democracies might not use fear but they can affect access and availability – and they may find themselves (as the United States did in the 2016 presidential election) subject to flooding from external sources. The podcast includes Roberts' insights on how the Chinese censored information on COVID-19 and the effect that had on the public. Foreign Affairs named Censored one of its Best Books of 2018 and it was also honored with the Goldsmith Award and the Best Book in Human Rights Section and Information Technology and Politics section of the American Political Science Association. Susan Liebell is associate professor of political science at Saint Joseph's University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

David Bosco, "The Poseidon Project: The Struggle to Govern the World's Oceans" (Oxford UP, 2021)

Play Episode Listen Later Aug 30, 2025 58:43


Oceanic Studies. An interdisciplinary podcast that examines the past, present, and future of ocean governance  In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool.Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project: The Struggle to Govern the World's Oceans (Oxford UP, 2021), the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Yong-Shik Lee, "Law and Development: Theory and Practice, 2nd edition" (Routledge, 2021)

Play Episode Listen Later Aug 30, 2025 75:53


Law and Development: Theory and Practice, 2nd edition (Routledge, 2021) examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development. This interview covers the main themes of this book, covers some of his papers, the relationship of his work to other scholars, and serves as a foundation for understanding Dr. Lee's work more broadly. His latest book, Sustainable Peace in Northeast Asia will be the subject of a second interview. Yong-Shik Lee is a scholar in law and development, and is currently Director of the Law and Development Institute and a Professor at West Virginia University. Dr. Lee graduated in economics from the University of California at Berkeley and received law degrees from the University of Cambridge. Previous books include Reclaiming Development in the World Trading System; Microtrade: A New System of Trade Toward Poverty Elimination; Law and Development Perspective on International Trade Law; and Safeguard Measures in World Trade: The Legal Analysis. His latest book, Sustainable Peace in Northeast Asia, was published by Anthem Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lindsey N. Kingston, "Fully Human: Personhood, Citizenship, and Rights" (Oxford UP, 2019)

Play Episode Listen Later Aug 28, 2025 54:54


Lindsey N. Kingston's new book, Fully Human: Personhood, Citizenship, and Rights (Oxford UP, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship', which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Faisal Chaudhry, "South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law" (Oxford UP, 2024)

Play Episode Listen Later Aug 28, 2025 76:49


South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law (Oxford UP, 2024) considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws, ' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia. Arighna Gupta is a doctoral candidate in history at the University of Michigan, Ann Arbor. His dissertation attempts to trace early-colonial genealogies of popular sovereignty located at the interstices of monarchical, religious, and colonial sovereignties in India and present-day Bangladesh. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Timothy Messer-Kruse, "Slavery's Fugitives and the Making of the United States Constitution" (LSU Press, 2024)

Play Episode Listen Later Aug 23, 2025 60:33


Slavery's Fugitives and the Making of the United States Constitution (LSU Press, 2024) unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans' desire to compel Britain to return fugitives from slavery as a driving force behind the convention. During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king's army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation--the young nation's first constitution--but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply. The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation's ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority--the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Citizenship Stripping: You Are Not American

Play Episode Listen Later Aug 21, 2025 54:36


Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day.The Supreme Court's rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers (Beacon Press, 2021) grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century. Our guest is: Professor Amanda Frost, who writes and teaches in the fields of immigration and citizenship law, federal courts and jurisdiction, and judicial ethics. Her scholarship has been cited by dozens of state and federal courts, including the U.S. Supreme Court, and she has been invited to testify on the topics of her articles before both the House and Senate Judiciary Committees. You Are Not American was named a “New & Noteworthy” book by The New York Times Book Review, and shortlisted for the Mark Lynton History Prize. She is writing a book on birthright citizenship, publishing in 2026. Our host is: Dr. Christina Gessler, who works as a developmental editor, dissertation and writing coach for scholars in the humanities. She is the producer of the Academic Life podcast, and writes the show's newsletter with weekly bonus material on her Substack found here. Playlist: Dear Miss Perkins Secret Harvests Who Gets Believed We Take Our Cities With Us The House on Henry Street Immigration Realities The Ungrateful Refugee Sin Padres Ni Papeles Reunited Welcome to Academic Life, the podcast for your academic journey—and beyond! Please join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 275+ 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

Peter Hart-Brinson, "The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture" (NYU Press, 2018)

Play Episode Listen Later Aug 15, 2025 45:15


How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book would be a great addition to any graduate level course on families, as it gives a solid background of the history of the LGBTQ movement as well as attitudes shifts toward gay marriage. Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Linos-Alexandre Sicilianos, "The Human Dimension of International Law" (Brill, 2025)

Play Episode Listen Later Aug 15, 2025 32:53


The Human Dimension of International Law (Brill, 2025) offers a vision of international law through the protection of human rights and the values they embody. This approach is particularly timely in light of recent international developments. For the first time, the International Court of Justice is seized of the main legal aspects of serious contemporary crises (Ukraine, Gaza Strip, Syria, Myanmar, etc.), on the basis of human rights instruments, with the participation of dozens of States. In this context, the book analyzes the multiple interactions between general international law and human rights. The former influences the latter, positively or restrictively, as illustrated by the issue of jurisdictional immunities. Conversely, human rights exert an influence on the evolution of general international law, sometimes gently, sometimes drastically. They contributed to the development of the sources of international law, several institutions related to the external relations of the State, the law of the sea, the theory of the subjects of international law, the concept of international responsibility, the system of collective security, as well as the structure and character of the discipline. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

James Kimmel, Jr., "The Science of Revenge: Understanding the World's Deadliest Addiction—and How to Overcome It" (Random House, 2025)

Play Episode Listen Later Aug 14, 2025 52:29


There is a hidden addiction plaguing humanity right now: revenge. Researchers have identified retaliation in response to real and imagined grievances as the root cause of most forms of human aggression and violence. From vicious tweets to road rage, murder-suicide, and armed insurrection, perpetrators almost always see themselves as victims seeking justice. Chillingly, recent behavioral and neuroimaging studies of the human brain show that harboring a personal grievance triggers revenge desires and activates the neural pleasure and reward circuitry of addiction.Although this behavior is ancient and seems inevitable, by understanding retaliation and violence as an addictive brain-biological process, we can control deadly revenge cravings and save lives. In The Science of Revenge: Understanding the World's Deadliest Addiction—and How to Overcome It (Random House, 2025), Yale violence researcher and psychiatry lecturer James Kimmel, Jr., JD, uncovers the truth behind why we want to hurt the people who hurt us, what happens when it gets out of hand, and how to stop it.Weaving neuroscience, psychology, sociology, law, and human history with captivating storytelling, Dr. Kimmel reveals the neurological mechanisms and prevalence of revenge addiction. He shines an unsparing light on humanity's pathological obsession with revenge throughout history; his own struggle with revenge addiction that almost led him to commit a mass shooting; America's growing addiction to revenge as a special brand of justice; and the startlingly similar addictive behaviors and motivations of childhood bullies, abusive partners, aggrieved employees, sparring politicians, street gang members, violent extremists, mass killers, and tyrannical dictators. He also reveals the amazing, healing changes that take place inside your brain and body when you practice forgiveness. Emphasizing the necessity of proven public health approaches and personal solutions for every level of revenge addiction, he offers urgent, actionable information and novel methods for preventing and treating violence. James Kimmel, Jr. is an assistant clinical professor in psychiatry at the Yale School of Medicine, a lawyer, and the founder and co-director of the Yale Collaborative for Motive Control Studies. Caleb Zakarin is editor of 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

Ryan Griffiths, "The Disunited States: Threats of Secession in Red and Blue America and Why They Won't Work" (Oxford UP, 2025)

Play Episode Listen Later Aug 11, 2025 63:52


Is the breakup of an increasingly polarized America into separate red and blue countries even possible? There is a growing interest in American secession. In February 2023, Marjorie Taylor Greene tweeted that "We need a national divorce...We need to separate by red states and blue states." Recent movements like Yes California have called for a national divorce along political lines. A 2023 Axios poll shows that 20 percent of Americans favor a national divorce. These trends show a sincere interest in American secession, and they will likely increase in the aftermath of the 2024 Presidential election. Proponents of secession make three arguments: the two sides have irreconcilable differences; secession is a legal right; and smaller political units are better. Through interviews with secessionist advocates in America, Ryan Griffiths explores the case for why Red America and Blue America should split up. But as The Disunited States shows, these arguments are fundamentally incorrect. Secession is the wrong solution to the problem of polarization. Red and Blue America are not neatly sorted and geographically concentrated. Splitting the two parts would require a dangerous unmixing of the population, one that could spiral into violence and state collapse. Drawing on his expertise on secessionism worldwide, he shows how the process has played out internationally-and usually disastrously. Ultimately, this book will disabuse readers of the belief that secession will fix America's problems. Rather than focus on national divorce as a solution, the better course of action is to seek common ground. Ryan D. Griffiths is a Professor in the Department of Political Science at the Maxwell School of Citizenship and Public Affairs, Syracuse University. His research focuses on the dynamics of secession and the study of sovereignty, state systems, and international orders. He teaches on topics related to nationalism, international relations, and international relations theory. Daniel Moran's writing about literature and film can be found on Pages and Frames. He earned his B.A. and M.A. in English from Rutgers University and his Ph.D. in History from Drew University. The author of Creating Flannery O'Connor: Her Critics, Her Publishers, Her Readers, he teaches research and writing and co-hosts the long-running p Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lewis A. Grossman, "Choose Your Medicine: Freedom of Therapeutic Choice in America" (Oxford UP, 2021)

Play Episode Listen Later Aug 9, 2025 42:39


Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States.  In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jean-Marc Coicaud, "The Law and Politics of International Legitimacy" (Cambridge UP, 2025)

Play Episode Listen Later Aug 5, 2025 40:39


The Law and Politics of International Legitimacy (Cambridge University Press, 2025) examines the significance of the issue of political legitimacy at the international level, focusing on international law. It adopts a descriptive, critical, and reconstructive approach. In order to do so, the book clarifies what political legitimacy is in general and in the context of international law. The book analyzes how international law contributes to a sense of legitimacy through notions such as international membership, international rights holding, fundamental principles and hierarchy of rights holding, rightful conduct, and international authority. In addition, the book stresses the severe limitations of the legitimacy of international law and of the current international order that it contributes to regulate and manage. This leads the book to identify the conditions under which international order and international law could overcome their problems of legitimacy and become more legitimate. The book is interdisciplinary in nature, mobilizing international law, political and legal theory, philosophy, history, and political science. Jean-Marc Coicaud is Distinguished Professor of Law and Global Affairs, Rutgers School of Law, New Jersey, USA and Fellow, Academia Europaea. He is also Fudan Distinguished Chair Professor at Fudan Institute for Advanced Studies in Social Sciences (Shanghai, China). Leo Bader is a senior at Wesleyan University studying political theory and history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michael Stauch, "Wildcat of the Streets: Detroit in the Age of Community Policing" (U Pennsylvania Press, 2025)

Play Episode Listen Later Jul 28, 2025 67:09


The criminalization of Black youth was central to policing in urban America during the civil rights era and continued in Detroit even after the rise of Black political control in the 1970s. Wildcat of the Streets documents how the “community policing” approach of Mayor Coleman Young (1974–1993)—including neighborhood police stations, affirmative action hiring policies, and public participation in law enforcement initiatives—transformed Detroit, long considered the nation's symbol of racial inequality and urban crisis, into a crucial site of experimentation in policing while continuing to subject many Black Detroiters to police brutality and repression. In response, young people in the 1970s and 1980s drew on the city's storied history of labor radicalism as well as contemporary shopfloor struggles to wage a “wildcat of the streets,” consisting of street disturbances, decentralized gang activity, and complex organizations of the informal economy. In this revelatory new history of the social life of cities, Michael Stauch mines a series of evocative interviews conducted with the participants to trace how Black youth made claims for political equality over and against the new order of community policing. Centering the perspective of criminalized and crime-committing young people, Wildcat of the Streets is an original interpretation of police reform, the long struggle for Black liberation, and the politics of cities in the age of community policing. Guest: Michael Stauch (he/him) is an Associate Professor at the University of Toledo. He historian of the modern United States with a focus on policing, politics, and the intersection of race, labor, and youth in social movements. Host: Jenna Pittman (she/her), a Ph.D. student in the Department of History at Duke University. She studies modern European history, political economy, and Germany from 1945-1990. Scholars@Duke: https://scholars.duke.edu/pers... Linktree: https://linktr.ee/jennapittman Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022)

Play Episode Listen Later Jul 27, 2025 58:23


Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers' best intentions resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that “rehabilitated” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse. Nicholas Misukanis is a doctoral candidate in the history department at the University of Maryland - College Park. He studies modern European and Middle Eastern history with a special emphasis on Germany and the role energy autonomy played in foreign and domestic German politics during the twentieth century. He is currently working on his dissertation which analyzes why the West German government failed to convince the public to embrace nuclear energy and the ramifications this had on German politics between 1973 and 1986. His work has been published in Commonweal, America: The Jesuit Review, The United States' Naval Academy's Tell Me Another and Studies on Asia. He can be reached at Misukani@umd.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Christopher T. Fleming, "Equity and Trusts in Sanskrit Jurisprudence" (British Academy, 2025)

Play Episode Listen Later Jul 23, 2025 58:38


This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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