New Books In Law

This year, many countries around the world, including most of the world's most populous democracies, have consequential nation-wide elections. In many of these elections, democracy itself is at stake. The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford UP, 2023) is an urgent call to rethink centuries of conventional wisdom about what democracy is, why it matters, and how to make it better. Drawing from history, social science, psychology, and critical theory, Samuel Ely Bagg explains why we should shift our orientation away from maximizing collective self-rule and why prevailing strategies of democratic reform often make things worse. Bagg argues we should see democracy as a way of protecting public power from capture - a vision that is at once more realistic and, he argues, more inspiring. The book presents an ambitious and comprehensive engagement with democracy's foundations, principles, and practices. Make no mistake, this work of political theory is profoundly worldly: it bears readin

Bringing together philosophy, jurisprudence, and a deep concern for the environment, Bearing Witness: The Human Rights Case Against Fracking and Climate Change offers an inspiring and generative way of thinking about the impacts of anthropogenic climate change. In particular, Thomas Kearns and Kathleen Dean Moore provide readers with insight into the Permanent Peoples' Tribunal as well as the wide-ranging and deeply-felt impacts of fracking, interspersing legal analysis, excerpts of Tribunal testimony, and reflections by climate writers like Winona LaDuke, Robin Wall Kimmerer, and Sandra Steingraber. The book's structure even creatively mirrors that of the Tribunal, offering a collage of insight to any reader interested in human rights and environmental issues—it is a work of deep dedication to thinking critically and deeply about how to face not only the environmental degradation caused by fracking, but also other kinds of harms caused by resource extraction and corporate interests. Rather than slip into cli

By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making (Cornell University Press, 2021) highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Dr. Rachel M. Scott analyses the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of mediaeval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic co

Jessica Henry's Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened (U California Press, 2021) explores a shocking but all-too-common kind of wrongful conviction: wrongful convictions for crimes that never actually happened. Henry's meticulously-researched book sheds light on how the US criminal justice system makes it possible to convict people of nonexistent crimes. By tracing this issue from first interactions with the police, to encounters with legal professionals, to judges' verdicts, and beyond, Henry's analysis explains in heartbreaking detail the impacts of convictions without a crime on those convicted and their families—as well as what this means for US criminal law. Drawing from Henry's own experience working for many years as a public defender, Smoke But No Fire will be of great interest to legal professionals, students, organizers, and anyone interested in criminal law. Jessica Henry is a Professor in the Department of Justice Studies at Montclair State University. Previously

In the waning days and immediate aftermath of World War II, Nazi diplomats and spies based in Spain decided to stay rather than return to a defeated Germany. The decidedly pro-German dictatorship of General Francisco Franco gave them refuge and welcomed other officials and agents from the Third Reich who had escaped and made their way to Iberia. Amid fears of a revival of the Third Reich, Allied intelligence and diplomatic officers developed a repatriation program across Europe to return these individuals to Germany, where occupation authorities could further investigate them. Yet due to Spain's longstanding ideological alliance with Hitler, German infiltration of the Spanish economy and society was extensive, and the Allies could count on minimal Spanish cooperation in this effort. In Hunting Nazis in Franco's Spain (LSU Press, 2014), David Messenger deftly traces the development and execution of the Allied repatriation scheme, providing an analysis of Allied, Spanish, and German expatriate responses. Messen

The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year—all without advancing public health. Yet, in hundreds upon hundreds of cases, courts have allowed the war to proceed virtually unchecked. How could a set of policies so draconian, destructive, and discriminatory escape constitutional curtailment? In The Constitution of the War on Drugs (Oxford UP, 2024), David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Throughout the 1960s and 1970s, advocates argued that criminal drug bans violate the Constitution's guarantees of due process, equal pr

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In Women’s Human Rights and the Elimination of Discrimination (Brill/Nijhoff, 2016), 17 scholars approach women’s human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as “surrogate mothers”, violence against women and cross-border enforcement of protection orders. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Several trends justify why it is worth analysing the concept of citizenship in international law. On the one hand, human mobility enhanced in the last decades of the twentieth century contributed largely to the multiplication of multiple citizenship. The phenomenon of migration, often linked to crises, fosters statelessness and presents new challenges to international law. The internationalization of human rights can accordingly have an impact on the law of nationality. Moreover, within the framework of regional organizations, new forms of citizenship are emerging. This phenomenon, going hand in hand with the traditional, historybased citizenship is also contributing to the challenges that the concept of citizenship faces in international law. Attempting to get answers to these questions, The Concept of Citizenship in International Law (Brill/Nijhoff, 2018) tackles first common theoretical aspects at a universal level to be followed later by the analysis of the regional aspects. It tries to deepen the ongoing

Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia (UCL Press, 2022) by Alexander Sasha Kondakov uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original methodology of studying ‘legal memes’ and argues that these individual affective states are directly connected to the political violence aimed at queer lives more generally.  The main aim of Violent Affections is to explore the social mechanisms and techniques that impact anti-queer violence evidenced in the reviewed cases. Kondakov expands upon two sets of interdisciplinary literature – queer theory and affect theory – in order to conceptualise what is referred to as neo-disciplinary power. Taking the empirical observatio

Beyond Complicity: Why We Blame Each Other Instead of Systems (University of California Press, 2024) by Dr. Francine Banner is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene? Dr. Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role th

In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller's study will only grow more relevant as time passes. "An engaging call to arms," (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy. Ma

Today’s book is: Freeman’s Challenge: The Murder That Shook America’s Original Prison for Profit (U Chicago Press, 2024), by Dr. Robin Bernstein, which tells the story of a teenager named William Freeman. Convicted of a horse theft he insisted he did not commit, he was sentenced to five years of hard labor in Auburn’s new prison. Uniting incarceration and capitalism, the facility included industrial factories where prisoners worked as “slaves of the state.” They earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system. Incensed at being forced to work without pay, William Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s story re

Stefanie Coché's Psychiatric Institutions and Society: the Practice of Psychiatric Commital in the “Third Reich,” the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963 (London: Routledge, 2024; translated by Alex Skinner) probes how the serious and sometimes fatal decision was made to admit individuals to asylums during Germany’s age of extremes. The book shows that - even during the Nazi killing of the sick - relatives played an even more important role in most admissions than doctors and the authorities. In light of admission practices, this study traces how ideas about illness, safety, and normality changed when the Nazi regime collapsed in 1945 and illuminates how closely power configurations in the psychiatric sector were linked to political and social circumstances in the early years of both German successor states. Paul Lerner is Professor of History at the University of Southern California where he directs the Max Kade Institute for Austrian-German-Swiss Studies. He can be

In the early twentieth century, anarchists like Emma Goldman and Alexander Berkman championed a radical vision of a world without states, laws, or private property. Militant and sometimes violent, anarchists were heroes to many working-class immigrants. But to many others, anarchism was a terrifyingly foreign ideology. Determined to crush it, government officials launched a decades-long “war on anarchy,” a brutal program of spying, censorship, and deportation that set the foundations of the modern surveillance state. The lawyers who came to the anarchists’ defense advanced groundbreaking arguments for free speech and due process, inspiring the emergence of the civil liberties movement. Michael Willrich's book American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century (Basic Books, 2023) tells the gripping tale of the anarchists, their allies, and their enemies, showing how their battles over freedom and power still shape our public life. Geraldine

A short, thought-provoking book about what happens to our online identities after we die. These days, so much of our lives takes place online—but what about our afterlives? Thanks to the digital trails that we leave behind, our identities can now be reconstructed after our death. In fact, AI technology is already enabling us to “interact” with the departed. Sooner than we think, the dead will outnumber the living on Facebook. In this thought-provoking book, Carl Öhman explores the increasingly urgent question of what we should do with all this data and whether our digital afterlives are really our own—and if not, who should have the right to decide what happens to our data. The stakes could hardly be higher. In the next thirty years alone, about two billion people will die. Those of us who remain will inherit the digital remains of an entire generation of humanity—the first digital citizens. Whoever ends up controlling these archives will also effectively control future access to our collective digital past,

Myths about the powers held by the United States are often supported by the jurisdiction of the Supreme Court, which derives its logic from the interpretation of a document that the US itself developed. Therefore, when pressure is placed on a specific legal precedent, the shallowness of its validity is revealed. Dr. Mónica A. Jiménez accomplishes this kind of scholarly work in her recently published book Making Never-Never Land: Race and Law in the Creation of Puerto Rico (University of North Carolina Press, 2024). By tracing the legal logic of what continues to animate the colonial dynamics between the United States and Puerto Rico, Jiménez offers a “genealogy of racial exclusion in law” (36) that both folds time and space to make clear how late-19th century Supreme Court logics and opinions continue to subjugate the land and people of Puerto Rico to colonial violence. Split into two sections, the first half of the book details the key case Downes v. Bidwell (1901), while the second half explores how the leg

Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms. Queering Law and Order: LGBTQ Communities and the Criminal Justice System (Lexington Books, 2020) examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues—rangi

In Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation (University of Chicago Press, 2024), Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to

Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court: Procedural Justice on Trial (NYU Press, 2023) by Dr. Maya Pagni Barak sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large. Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundan

What is data, and why does it matter for us to care about the data traces we leave behind? What are the implications for our lives of how this data is used by other people in other times and places? In a conversation with Joanne Kuai, authors Aram Sinnreich and Jesse Gilbert introduce their new book and talk about how we can rethink our relationship with data and stay informed to make better decisions in the face of technological uncertainty. In their latest book, The Secret Life of Data: Navigating Hype and Uncertainty in The Age of Algorithmic Surveillance (MIT Press, 2024), Aram Sinnreich and Jesse Gilbert explore the many unpredictable and often surprising ways in which data surveillance, AI, and the constant presence of algorithms impact our culture and society in the age of global networks. The book focuses primarily on the long-term consequences of humanity's recent rush toward digitizing, storing, and analyzing every piece of data about ourselves and the world we live in. The authors advocate for “slo