New Books In Law

The presidents of the American Historical Association and Organization of American Historians join the podcast to talk about the effects of historical censorship, data shredding, meaningful public education – and what everyone can do to fight back. After being sworn in as the 47th president, Donald Trump issued a slew of executive orders. The order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” declares that “It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality...” This order has swiftly affected what people may read on websites or museum panels that describe historical events and artifacts. As a new joint statement from the American Historical Association and the Organization of American Historians recounts, “Some alteration

Welcome to the Global Corporations Special Series on the Law Channel on the New Books Network. This Special Series is dedicated to interviews with scholars about recent books engaging with different aspects of global corporations – with a focus on the role of law and legal forms. Our guest today is Dr. Joshua Ehrlich, Associate Professor in the Department of History at the University of Macau. Josh is a historian of knowledge and political thought with a focus on the East India Company and the British Empire in South and Southeast Asia. We spoke with Josh in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his first book, The East India Company and the Politics of Knowledge which was published by Cambridge University Press in 2023. The book is a deeply researched and well-written account of how East India Company officials developed and deployed ideas about knowledge to bolster its own authority, and to manage the transition from corporate sovereignty towards unitary s

Rule of law faces serious threats to its viability in many countries. It has become a recurring topic in the media and is affecting our daily lives. To understand better the meaning of rule of law, the stakes, and how governments and citizens can respond to today’s challenges, we must return to first principles. In Law’s Rule (Oxford U. Press, 2022), eminent philosopher of law Gerald Postema draws on a lifetime of research and thought to articulate and defend a comprehensive, coherent, and compelling conception of the rule of law and defend it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, Postema argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this cor

Ahmed M. Abozaid’s Counterterrorism Strategies in Egypt: Permanent Exceptions in the War on Terror (Routledge, 2021) reveals how counterterrorism discourses and practices became the main tool of a systematic violation of human rights in Egypt after the Arab Uprising. It examines how the civic and democratic uprising in Egypt turned into robust authoritarianism. By interrogating Egypt’s counterterrorism legislation, the book identifies a correlation between counterterrorism narratives and the systemic violation of human rights. It examines the construction of a national security state that has little tolerance for dissent, political debate or the questioning of official policy, and how the anti-terrorism measures undertaken are actually anti-democracy strategies. In this episode, Ibrahim Fawzy interviews Ahmed M. Abozaid about his personal experiences, the difference between critical and traditional terrorism studies, the impact of counterterrorism policies on marginalized communities in Upper Egypt, and more.

This book poses the question: How relevant is the concept of war today? Professor Andrew Clapham of the Graduate Institute of International and Development Studies in Geneva examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It considers the role international law plays in limiting what is forbidden and what is legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institutions, sates nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects that are said to be part of a war-sustaining economy. Professor Clapham argues that, while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. In oth

It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy. By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights and then situates each case in a wider historical context. This unique compar

Today I talked to Mark Neocleous about his new book Pacification: Social War and the Power of Police (Verso, 2025). For more than two decades, Neocleous has been a pioneer in the radical critique of policing, security, and warfare. Today we will discuss his newest work on the theory and practice of pacification, which, he argues, is “social warfare carried out through the ideology of peace.” Pacification not only aims to counter resistance to capitalist exploitation, dispossession, and displacement, but it aims to prevent such resistance from emerging in the first place by constructing social institutions and the built environment. Pacification is a totalizing process by which states deploy social policies, symbolic practices, and coercive operations in order to produce cooperative – or at least acquiescent – subjects. However, pacification never succeeds in obscuring the antagonistic nature of capitalist social relations. Consequently, pacification becomes an endless social war for peace. Mark Neocleous is P

Birthright citizenship is established in the first sentence of the Fourteenth Amendment to the United States Constitution – yet Donald Trump’s recent Executive Order 14160 denies some types of birthright citizenship. The Order contradicts over a century of American law, legal practice, and constitutional interpretation. Three groups have opposed the order as unconstitutional and challenged it in the courts: and cities, civil rights organizations, and labor organizations. In the podcast, three scholars to help Susan and Lilly interrogate the meaning of natural born citizenship, the political ramifications of Trump’s order, and the complicated history of natural born citizenship in the United States. Dr. Anna O. Law is the Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at Brooklyn College, City University of New York. Julie Novkov is Dean of Rockefeller College of Public Affairs and Policy and Professor of Political Science and Women’s, Gender, and Sexuality Studies, Un

The Unruly Tongue: Speech and Violence in Medieval Italy (University of Pennsylvania Press, 2025) by Dr. Melissa Vise, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, Dr. Vise locates the history of the repression of speech not in Europe’s monarchies but rather in Italy’s republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Dr. Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe. The medieval citizens of Italy’s republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom.

The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 (Cambridge University Press, 2022) by Dr. Kristin Olbertson is the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness. Analyzing provincial statutes and hundreds of criminal prosecutions, Dr. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effect

Critics on the Left have long attacked open markets and free trade agreements for exploiting the poor and undermining labor, while those on the Right complain that they unjustly penalize workers back home. In Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019), Kimberly Clausing takes on old and new skeptics in her compelling case that open economies are actually a force for good. Turning to the data to separate substance from spin, she shows how international trade makes countries richer, raises living standards, benefits consumers, and brings nations together. At a time when borders are closing and the safety of global supply chains is being thrown into question, she outlines a clear agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy and establish a better partnership between labor and the business community. Kimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy at the UCLA School

Succinct and eloquent, On Privacy and Technology (Oxford UP, 2025) is an essential primer on how to face the threats to privacy in today's age of digital technologies and AI. With the rapid rise of new digital technologies and artificial intelligence, is privacy dead? Can anything be done to save us from a dystopian world without privacy? In this short and accessible book, internationally renowned privacy expert Daniel J. Solove draws from a range of fields, from law to philosophy to the humanities, to illustrate the profound changes technology is wreaking upon our privacy, why they matter, and what can be done about them. Solove provides incisive examinations of key concepts in the digital sphere, including control, manipulation, harm, automation, reputation, consent, prediction, inference, and many others. Compelling and passionate, On Privacy and Technology teems with powerful insights that will transform the way you think about privacy and technology. Learn more about your ad choices. Visit megaphone.fm/a

In this episode, Jorge Goldstein, the author of Patenting Life, delves into the critical junction where biotechnology meets patent law. With a background as a molecular biologist turned patent attorney, Goldstein offers unique insights into how commercial biology has evolved and its profound effects on patent regulations. The discussion takes listeners on a journey from the early days of recombinant DNA technology to the cutting-edge advancements of CRISPR. Goldstein articulates how the commercialization of biological research influences scientific inquiry and reshapes patent law, highlighting key legal cases that have set the boundaries for patenting living organisms while addressing the complex ethical considerations that accompany these developments. A significant theme in the conversation is the ongoing tension between academic research and commercial interests. Goldstein explains how this dynamic has molded patent policies and research agendas, emphasizing the concept of “enabling life” through patents.

In the latest episode of Madison’s Notes, I spoke with Janie Nitze, co-author of Over Ruled: The Human Toll of Too Much Law (Harper, 2004), a book written alongside Supreme Court Justice Neil Gorsuch. Janie, a Harvard-educated attorney and former clerk for Justices Sonia Sotomayor and Neil Gorsuch, discussed the growing complexity of laws in America and their impact on everyday citizens. The book shares stories of ordinary Americans—fishermen in Florida, families in Montana, monks in Louisiana, and more—who find themselves caught in legal mazes created by an overwhelming and often opaque system of regulations. Janie explained that while laws are necessary to maintain order and freedom, the sheer volume and complexity of modern regulations can undermine those principles. She highlighted how excessive laws, many of which are created by unelected agency officials, disproportionately affect those without wealth or power. Through these stories, Over Ruled shows how overregulation can erode trust in the legal syste

Violence has only increased in Mexico since 2000: 23,000 murders were recorded in 2016, and 29,168 in 2017. The abundance of laws and constitutional amendments that have cropped up in response are mirrored in Mexico's fragmented cultural production of the same period. Contemporary Mexican literature grapples with this splintered reality through non-linear stories from multiple perspectives, often told through shifts in time. The novels, such as Jorge Volpi's Una novela criminal [A Novel Crime] (2018) and Julián Herbert's La casa del dolor ajeno [The House of the Pain of Others] (2015) take multiple perspectives and follow non-linear plotlines; other examples, such as the very short stories in ¡Basta! 100 mujeres contra la violencia de género [Enough! 100 Women against Gender-Based Violence] (2013), present perspectives from multiple authors. Few scholars compare cultural production and legal texts in situations like Mexico, where extreme violence coexists with a high number of human rights laws. Unlawful Viol

Constitutional Ratification Without Reason (Oxford UP, 2022) focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure’s worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification.  To address these oversights, this book defines ratification and its types, explains for the first time the procedure’s effects, concep

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

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

In this conversation, we sit down with John D. Wilsey, Professor of Church History and Philosophy at The Southern Baptist Theological Seminary and Senior Fellow at the Center for Religion, Culture, and Democracy, to tackle the urgent and often contentious topic of religious freedom in America. Drawing from his forthcoming book, Religious Freedom: A Conservative Primer (William B. Eerdmans, 2025), Wilsey examines how conservatives have historically understood religious freedom, how those views have evolved, and why the gap between past and present perspectives matters in today’s culture, and how it is the bedrock of American Government. Wilsey addresses issues at the heart of this debate: How has the conservative understanding of religious freedom shifted, and what are the consequences of that shift? Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. Contributions to and/or sponsorship of any speaker does not constitute departmental or institutio

Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad. Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-l