New Books In Law

Join us for an in-depth exploration of Professor Cass Sunstein's latest work, Campus Free Speech (Harvard University Press, September 2024).  Together, we'll examine the book’s intriguing take on free speech in academic spaces and the broader implications for constitutional interpretation. Professor Sunstein also delves into the exercise of administrative power, with timely discussions on COVID-era authority and the Supreme Court's decision in Chevron v. Natural Resources Defense Council. Gain unique insights from Sunstein on how the Constitution remains a guiding force for the American public in navigating modern challenges. Cass R. Sunstein is the Robert Walmsley University Professor at Harvard. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. In 2018, he received the Holberg Prize from the government of Norway, sometimes described as the equivalent of the Nobel Prize for law and the humanities. In 2020, the World Health Organization appointed hi

One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide.  In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods from history, law, and political science to theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Understanding American constitutional law means looking at the relationship among dominant political coalitions, social movements, and the evolution of constitutional law as prescribed by judges. For Kreis, constitutional doctrine does not exist in a philosophical vacuum – it is a “distillation of partisan politics.” Rejecting the idea that the Constitut

The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before U.S. District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release. He then explains the criteria the First Step Act has spelled out for his consideration. And, in a novel twist, he asks the reader, “What would you do?”  In A Second Chance: A Federal Judge Decides Who Deserves It (The New Press, 2024), Judge Block puts us out of our suspense in a third section of the book where he tells us what he did do in each case and why, as he weighs each compassionate release request, evaluating issues ranging from “the

An interview with Dr. Alexandre Caeiro in which we discuss Islamic law and institutions in Qatar, secularisation and the Ottomans. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Completed shortly before Hamas carried out its barbaric October massacre, Cary Nelson's Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles (Academic Studies Press, 2024) takes up issues that have consequently gained new urgency in the academy worldwide. It is the first book to ask what impact antisemitism has had on the fundamental principles the academy relies on for its identity—academic freedom, free speech rights, standards for hiring or firing faculty members and administrators, and the ethics of academic conduct and debate. Antisemitic hatred is spreading at a fever pitch. What steps can counter it? What damage to students is done when departments embrace anti-Zionism? Should faculty members face consequences for promoting antisemitism on social media? Should universities make a new push to adopt the IHRA Definition of Antisemitism? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingca

The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists.  In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims.  Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past.  This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself.   This book speaks directly

Scholars often narrate the legal cases confirming LGBTQ+ rights as a huge success story. While it took 100 years to confirm the rights of Black Americans, it took far less time for courts to recognize marriage and adoption rights or workplace discrimination protections for queer people. The legal and political success of LGBTQ+ advocates often depended upon presenting sexual and gender identities as innate – or “immutable” to fit legal categories. Conservatives who oppose LGBTQ+ equality often argue that sexual and gender identity is something that can be taught. They use the offensive language of “grooming” and contagious “gender ideology” that corrupts susceptible children. In Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement (U Chicago Press, 2023), Dr. Joanna Wuest unpacks how a biologically based understanding of gender and sexuality– based on arguments from the “natural sciences and mental health professions” – became central to American LGBTQ+ advocacy. Her book is bot

This is part #3 of a the (ir)Rational Alaskans, a Cited Podcast mini-series that re-examines the legacy of the Exxon Valdez oil spill. In the last episode of the (ir)Rational Alaskans, Riki Ott, Linden O’Toole, and thousands of other Alaskan fishers won over $5 billion in punitive damages against Exxon for the Exxon Valdez oil spill. In our finale, while Ott and O’Toole wait for their cheques, Exxon fights back with a legal and academic appeal. In that appeal, they marshal some of the most-respected scholars of our generation. The (ir)Rational Alaskans is a partnership with Canada’s National Observer. You can also read about this story in Jacobin. For a full list of credits, and for the rest of the episodes, visit the series page. Programming Note: This marks the end of our returning season, the Rationality Wars. We will back with another season shortly, sometime this fall. If you want to catch that season, make sure to stay subscribed to our podcast feed (Apple, Spotify, RSS). You can also stay updated by fo

In 2003, in a ruling that bordered on poetic, Supreme Court Justice Anthony Kennedy wrote in Lawrence v. Texas that sexual behavior between consenting adults was protected under the constitutional right to privacy. This was a landmark case in the course of LGBTQ+ rights in the Untied States, laying the groundwork for cases like 2015's Obergefell v. Hodges. Yet, this case did not emerge out of nowhere.  In Before Lawrence v. Texas: The Making of a Queer Social Movement (U Texas Press, 2023), University of North Texas history professor Wesley Phelps argues that behind each successful court case stands a litany of failures, challenges, and individual human stories, each of which laid the groundwork for these landmark successes. By tracking the long history of queer activism in Texas during the 1960s, 70s, and 80s, Phelps shows how the long road toward greater LGBTQ+ civil rights was paved with hard work by hundreds of activists, lawyers, and allies. No movement exists in a vacuum, and Before Lawrence v. Texas pr

Since the mid-nineteenth century, public officials, reformers, journalists, and other elites have referred to “the labour question.” The labour question was rooted in the system of wage labour that spread throughout much of Europe and its colonies and produced contending classes as industrialization unfolded. Answers to the Labour Question explores how the liberal state responded to workers’ demands that employers recognize trade unions as their legitimate representatives in their struggle for compensation and control over the workplace. In Answers to the Labour Question: Industrial Relations and the State in the Anglophone World, 1880–1945 (University of Toronto Press, 2024), Dr. Gary Mucciaroni examines five Anglophone nations – Australia, Canada, Great Britain, New Zealand, and the United States – whose differences are often overlooked in the literature on political economy, which lumps them together as liberal, “market-led” economies. Despite their many shared characteristics and common historical origins

How did ideas of masculinity shape the British legal profession and the wider expectations of the white-collar professional? Brotherhood of Barristers: A Cultural History of the British Legal Profession, 1840–1940 (Cambridge University Press, 2024) by Dr. Ren Pepitone examines the cultural history of the Inns of Court – four legal societies whose rituals of symbolic brotherhood took place in their supposedly ancient halls. These societies invented traditions to create a sense of belonging among members – or, conversely, to marginalise those who did not fit the profession's ideals. Dr. Pepitone examines the legal profession's efforts to maintain an exclusive, masculine culture in the face of sweeping social changes across the nineteenth and twentieth centuries. Utilising established sources such as institutional records alongside diaries, guidebooks, and newspapers, this book looks afresh at the gendered operations of Victorian professional life. Brotherhood of Barristers incorporates a diverse array of histor

Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world. Business and Human Rights (Oxford UP, 2024) shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core

The dramatic inside story of the most important case in the history of sovereign debt law Unlike individuals or corporations that become insolvent, nations do not have access to bankruptcy protection from their creditors. When a country defaults on its debt, the international financial system is ill equipped to manage the crisis. Decisions by key individuals—from national leaders to those at the International Monetary Fund, from holdout creditors to judges—determine the fate of an entire national economy. A prime example is Argentina’s 2001 default on $100 billion in bonds, which stands out for its messy outcomes and outsized impact on sovereign debt markets, sovereign debt law, and IMF policy.  Default: The Landmark Court Battle over Argentina's $100 Billion Debt Restructuring (Georgetown UP, 2024) is the riveting story of Argentina’s sovereign debt drama, which reveals the obscure inner workings of sovereign debt restructuring. This detailed case study describes the intense fight over the role of the IMF in

Maria Dimova-Cookson's new book Rethinking Positive and Negative Liberty (Routledge, 2019) offers an analysis of the distinction between positive and negative freedom building on the work of Constant, Green and Berlin. The author proposes a new reading of this distinction for the twenty-first century. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts – the yin and yang of freedom. Positive freedom is achieved when one succeeds in doing what is right, while negative freedom is achieved when one is able to advance one’s wellbeing. In an environment of culture wars, resurging populism and challenge to progressive liberal values, theorizing freedom in negative and positive terms can help us better understand the political dilemmas we face and point the way forward. Maria Dimova-Cookson is Associate Professor in Politics at the School of Government and International Affairs, Durham University, UK. Yorgos Gi

Over two million Americans are currently in prison or jail. Another 4.5 million are on probation or parole. And nearly one in two Americans have a family member who is or has been incarcerated. Writing for those new to activism as well as seasoned organizers, celebrated criminal justice activist Raj Jayadev introduces readers to the groundbreaking idea of participatory defense, a community organizing model for families and communities aimed at bettering the outcome of cases involving their loved ones and transforming the landscape of power in the courts. Participatory defense has led to acquittals, dismissed and reduced charges, prison terms changed to rehabilitation programs, and life sentences taken off the table.  Drawing on years of organizing to offer a radical vision of community intervention, Protect Your People: How Ordinary Families Are Using Participatory Defense to Challenge Mass Incarceration (New Press, 2023) features stories from across the country, highlighting the most effective strategies of

In Litigating the Environment: Process and Procedure Before International Courts and Tribunals (Edward Elgar, 2023), Dr Justine Bendel scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, she lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, Dr Bendel works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. She provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. In this podcast, Dr Bendel discusses the complexity of multiple legal, regulatory and guidance frameworks insofar a

In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, Over-Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix it (Policy Press, 2024) by Dr. Shaun Yates demonstrates how an English Magistrates' courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values. Given that these courts process more than 95% of all criminal cases, this ‘over-efficiency’ problem has the capacity to cause significant social harm. Dr. Yates’ work concludes by providing socio-legal and criminological readers with ways to fix this over-efficiency problem. This accessible work is of value to policy makers and post-graduate students alike. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analys

This is part #2 of a the (ir)Rational Alaskans, a Cited Podcast series that re-examines the legacy of the Exxon Valdez oil spill. Last episode, the spill devastates Cordova, Alaska. In this second part, 12 Angry Alaskans, a jury of ordinary Alaskans picks up our story. They muddle through the most devastating, and most complicated, environmental disaster in US history. How would they decide the case? Subscribe today to ensure you do not miss our finale, Damaging Rationality, which examines the forgotten academic story behind Exxon’s legal appeals. You can also listen to a trailer today. The (ir)Rational Alaskans is a partnership with Canada’s National Observer. For a full list of credits, and for the rest of the episodes, visit the series page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When the draft majority decision in Dobbs v. Jackson Women's Health was leaked, the media, public officials, and scholars focused on the overturning of Roe v. Wade. They noted Justice Alito’s strident tone and radical use of originalism to eliminate constitutional protection for reproductive rights. My guest today has written a book that asks us to also notice over 140 footnotes in the majority opinion and dissent. Are these notes part of the law? In his new book, The Supreme Court Footnote: A Surprising History (NYU Press, 2024), Dr. Peter Charles Hoffer insists that these notes are significant. The footnotes reveal the justices' beliefs about the Constitution's essence, highlight their controversial reasoning, and expose “vastly different interpretations of the role of Supreme Court Justice.” Using a comprehensive qualitative analysis, The Supreme Court Footnote, offers a history of the evolution of footnotes in US Supreme Court opinions and a thoughtful set of case studies to reveal the particular ways tha

After the unprecedented Exxon Valdez oil spill, a jury of ordinary Alaskans decided that Exxon had to be punished. However, Exxon fought back against their punishment. They did so, in-part, by supporting research that suggested jurors are irrational. This work came from an esteemed group of psychologists, behavioural economists, and legal theorists–including Daniel Kahneman, and Cass Sunstein. In this three-part series in partnership with Canada’s National Observer, Cited Podcast investigates the forgotten legacy of the Exxon Valdez oil spill and the research that followed. This first part, an Alaskan Nightmare, covers the spill and its immediate effects. Subsequent episodes will run weekly. Subscribe today to ensure you do not miss part #2, 12 Angry Alaskans, and part #3, Damaging Rationality. This is episode five of Cited Podcast’s returning season, the Rationality Wars. This season tells stories of political and scholarly battles to define rationality and irrationality. For a full list of credits, and for