New Books In Law

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 w

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, w

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 solu

In The Alien and Sedition Acts of 1798: Testing the Constitution (Johns Hopkins University Press, 2016), Terri Diane Halperin has provided a political history of the 1790s and explained the origins of one of the most contentious free speech events in American history. The Alien and Seditions Acts, which were actually four laws enacted in 1798, dramatically tested the principles of free speech in the young republic. Halperin explains the political origins of the controversy, which began in the earliest days the George Washington’s administration. Although the Federalists, led by Alexander Hamilton, George Washington, and John Adams, and the Democratic-Republicans (or Jeffersonians), led by Jefferson and James Madison, had already established their differences on the national stage regarding the Constitution, foreign affairs would create further cleavages between these groups. Halperin investigates and analyzes how the French Revolution was celebrated and feared in America. When France descended into civil war

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 const

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 interdisciplin

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, Mi

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 result

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,

Ben Westhoff is an award-winning investigative journalist whose best-selling 2019 book Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic (Grove Press, 2019), was one of the first to take fentanyl seriously as both a social phenomenon and a national threat. Since its release, Westhoff has become a policy expert, advising top government officials on the fentanyl crisis, and continuing to follow the story on his Substack account. The author of two previous nonfiction books and numerous articles in outlets like the Atlantic, The Guardian, and the Wall Street Journal, Westhoff’s fourth book, Little Brother: Love, Tragedy, and My Search for the Truth comes out this spring. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad ch

All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and

Indonesia's judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia's first president, Soekarno. By the time President Soeharto's regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia (Melbourne UP, 2023) demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and inte

How has the digital revolution transformed criminal opportunities and behaviour? What is different about cybercrime compared with traditional criminal activity? What impact might cybercrime have on public security? In this updated edition of his authoritative and field-defining text, cybercrime expert David Wall carefully examines these and other important issues. Incorporating analysis of the latest technological advances and their criminological implications, he disentangles what is really known about cybercrime today. An ecosystem of specialists has emerged to facilitate cybercrime, reducing individual offenders’ level of risk and increasing the scale of crimes involved. This is a world where digital and networked technologies have effectively democratized crime by enabling almost anybody to carry out crimes that were previously the preserve of either traditional organized crime groups or a privileged coterie of powerful people. Against this background, the author scrutinizes the regulatory challenges th

A unique and thorough work of intellectual history and legal scholarship Stereoscopic Law: Oliver Wendell Holmes and Legal Education (Cambridge University Press, 2020) by Alexander Lian, a practicing commercial litigator, reconstructs Oliver Wendell Holmes’ as a pioneering legal pedagogue and sophisticated theoretician of law and the ‘reality of practice’. Lian advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes' perspective on legal education. Through meticulous analysis, Lian cogently shows that Holmes’ ‘theory of legal study’ broke down artificial barriers between theory and practice. For contemporary legal educators—and anyone interested in the history of America’s legal tradition—Stereoscopic Law reformulates Holmes’ fundamental message: the law must be seen, taught, and practiced three-dimensionally. Alexandar Lian practices commercial litigation in Miami, FL. Since 2008, he has been a solo practitioner. Alexander Li

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwo

What does the 'rule of law' really mean in China? How does it shape the country’s politics, both at home and on the world stage? And why should it matter to the rest of us when universal norms are being challenged? Dr. Tabita Rosendal from the Centre for East and South-East Asian Studies at Lund University, talks to Dr. Martin Lavicka, a scholar of Chinese studies, about his latest project on the rule of law in the Chinese context. Dr. Martin Lavicka is a visiting research fellow at the Department of History and the Centre of East and South-East Asian Studies, Lund University. Martin is the PI of the project CLAW: Chinese Conceptualisation of the Rule of Law: Challenges for the International Legal Order. Martin’s research has been supported by the OP JAC Project “MSCA Fellowships at Palacký University II.” CZ.02.01.01/00/22_010/0006945 at Palacký University Olomouc, Czech Republic. Episode producer: Julia Olsson Links: ResearchGate profile AcademiaEdu profile Martin’s latest article “Rule of Law with C

In this episode, host Alex Batesmith sits down with Dr Rachel Killean and Dr Lauren Dempster to discuss their groundbreaking new book, Green Transitional Justice (Routledge, 2025). The conversation explores the urgent need to rethink transitional justice (TJ) in light of the environmental crises facing post-conflict societies. Dr Killean and Dr Dempster begin by explaining what drew them to the intersection of TJ and environmental harm. Their book emerges from a shared concern that traditional TJ mechanisms—designed to address human rights violations in post-conflict settings—have largely ignored the profound and lasting harms inflicted on Nature. They deliberately use the term “harms against Nature” to signal a shift away from anthropocentric language and to foreground the agency and value of the natural world. The book is structured around four major critiques of the TJ field. First, the authors argue that knowledge production in TJ is shaped by Eurocentric and neocolonial perspectives, often marginalisin

Pakistani women are increasingly pursuing legal avenues against acts of domestic violence. Their claims, however, are often dismissed through character allegations that label them as 'bad' women in need of control, or 'mad' women not to be trusted. Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women (Oxford University Press, 2025) by Dr. Daanika Kamal explores why the subjectivities of women victims are constructed in particular ways, and how these subjectivities are captured and negotiated in the Pakistani legal system.Drawing on feminist poststructuralist accounts relating to the use of gendering strategies in institutional and disciplinary settings and based on an analysis of over a hundred case files and judgements, seventy-two interviews, and court observations in three cities of Pakistan, this book shadows the experiences of women victims of domestic violence in both criminal law and family law proceedings. It captures and offers empirical insights in relation to gendered subj

In the popular imagination, lethal injection is a slight pinch and a swift nodding off to forever-sleep. It is performed by well-qualified medical professionals. It is regulated and carefully conducted. And it provides a “humane” death. In reality, however, not one of those things is true. Secrets of the Killing State: The Untold Story of Lethal Injection (NYU Press, 2025) presents the view of lethal injection that states have worked hard to hide. The story told here is bigger than the executions themselves. Fake science, torturous drugs, inept executioners, prison problems, and decades of state secrecy have created an execution method hard-wired to go wrong in countless ways.The story of lethal injection is a story of gross incompetence, law breaking, torturous deaths, and a stunning indifference to the way in which human beings die at the hands of the state. These are the secrets of the killing state—all that we know from litigation files, scientific studies, investigative journalism, autopsy reports, inter

For centuries, Jewish thinkers have asked two parallel questions. First, what is the reasoning behind an individual commandment and second, why bother heeding a command at all, something Dr. Brafman terms “reasons for” vs “reasons of” the commandments. In his newest book, Critique of Halakhic Reason: Divine Commandments and Social Normativity (Oxford UP, 2024), Dr. Brafman looks closely at the second of these questions. After considering answers from some of the most important Jewish thinkers of the 20th century, Joseph Soloveitchik, Yeshayahu Leibowitz, and Eliezer Berkovits, Dr. Brafman introduces his own system of thought. For him, the reasons for the commandments depend on a number of factors. We don’t follow them blindly. And they don’t always have to adhere to perfect and pure reason. Instead they are, to use a term he employs throughout is book, “constructed” based on any number of factors including our relationship with God and the norms that exist within our society. In conversation with some of the