New Books In Law

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 th

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 need

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 wi

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

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 powe

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 negligi

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

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 Nigeri

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 lawsu

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 s

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 marginali

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 ma

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 mor

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

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 fo

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 theoretica

Steve Luxenberg has created an unusual history of the famous Supreme Court case Plessy v. Ferguson and the 19th century’s segregationist practices in his book Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation (Norton, 2019)  It is unusual because it is chiefly an ensemble biography of Henry Brown, John Marshall Harlan, and Albion Tourgee, three men intimately connected with the Plessy case.  The book covers the Antebellum period youth of the three men, each from a different part of the young nation and each encountering freedmen, slaves, and the institution of slavery in different social and political contexts.  We follow these men through the Civil War, Reconstruction, and the post-Reconstruction period leading up to the Plessy decision.  The Plessy case helped solidify official, state-enforced segregationist practices throughout the United States.  It made the now-infamous phrase “separate but equal” a constitutional doctrine that was the law of the land until the

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.

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 memb

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,