New Books In Law

When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust?  In Kafka's Last Trial: The Case of a Literary Legacy (Norton, 2019), Benjamin Balint offers a gripping account of the controversial trial in Israeli courts—brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts. Benjamin Balint, a fellow at the Van Leer Institute in Jerusalem, is the author most recently of Bruno Schulz: An Artist, a Murder, and the Hijacking of History (Norton), winner of a National Jewish Book Award. His book Kafka's Last Trial (Norton) won the S

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present. Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Go

Aya Gruber, a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault. In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in the hope that it would lead to less violence against women. She also argues that the social context in which sexual assault allegations were made in the 19th century, especially regarding African-American males and white women, influenced the outcomes in legal cases and divided the feminists of the 19th century. Professor Gruber also addresses the fissures created in the women’s movement from the 1960s through today regarding how sexual assault should be treated under the law has worked against justice for both victims an

Weh Yeoh's Redundant Charities: Escaping the Cycle of Dependence (Koan Press, 2023) presents a transformative approach to charitable work. Drawing on his extensive experience in the non-profit sector, Yeoh argues that the ultimate goal of a charity should be to render itself unnecessary. He critiques the traditional charity model, which often perpetuates dependency and self-preservation, and instead advocates for organizations to implement clear exit strategies and focus on supporting local communities to solve their own problems. Yeoh asserts that success in charity work is measured by the ability to address root causes and sustainably transfer skills and resources to local populations, ensuring they can continue the work independently. This approach is exemplified by his own work founding OIC Cambodia, where he aimed to establish a sustainable speech therapy profession in Cambodia, ultimately handing over the leadership to local practitioners. The book is not just a critique but also offers practical guidan

Seeking a second term as US president in November, Donald Trump joins a roster of politicians whose declared aim is to use legal means to bend democracy to their will and in their interests. The system withstood his first term. In Venezuela, Ecuador, Turkey, and Hungary, the systems didn’t, and they are undergoing stress tests in Israel, Slovakia, and Georgia. In Venezuela, Turkey and Hungary, elections still happen and parliaments, courts, and media are intact but checks and balances have been steadily eroded as one party bids for sustained majority rule. Since the turn of the millennium, 80% of cases of democratic retreat have taken this form rather than through violence. Worst of all, “illiberal democracy” is popular. Between 2016 and 2020, Trump added 11 million votes. In 2022, after 12 consecutive years in power, Hungary’s ruling party extended its support. Recent polls show that a third of Americans would prefer a strong unelected leader to a weak elected one while a fifth of French under-35s are indiff

In December 1948, a panel of 12 judges sentenced 23 Japanese officials for war crimes. Seven, including former Prime Minister Hideki Tojo, were sentenced to death. The sentencing ended the International Military Tribunal for the Far East, an over-two-year-long trial over Imperial Japan’s atrocities in China and its decision to attack the U.S. But unlike the trials at Nuremberg, now seen as one of the touchstones of modern international law, the trials at Tokyo were a messy affair. The ruling wasn’t unanimous, with two judges dissenting. Indian judge Radhabinod Pal even chose to acquit everybody. The judges couldn’t agree on anything, the prosecution made significant mistakes, and the defense constantly complained about not having enough time and resources. Gary Bass tells the entire story of the trials at Tokyo—from their formulation at the end of a long World War by a triumphant yet weary U.S., to the eventual decision to let many sentenced defendants out on parole as Japan became a close Cold War ally of Wa

For 40 years, this classic text has taken the issue of economic inequality seriously and asked: Why are our prisons filled with the poor? Why aren't the tools of the criminal justice system being used to protect Americans from predatory business practices and to punish well-off people who cause widespread harm?  This new edition continues to engage readers in important exercises of critical thinking: Why has the U.S. relied so heavily on tough crime policies despite evidence of their limited effectiveness, and how much of the decline in crime rates can be attributed to them? Why does the U.S. have such a high crime rate compared to other developed nations, and what could we do about it? Are the morally blameworthy harms of the rich and poor equally translated into criminal laws that protect the public from harms on the streets and harms from the suites? How much class bias is present in the criminal justice system-both when the rich and poor engage in the same act, and when the rich use their leadership of co

Mexican Americans have often fit uncertainly into the white/non-white binary that has goverens much of American history. After Colorado, and much of the rest of the American West, became American claimed territory after the Mexican-Americna War in 1848, thousands of formerly Mexican citizens became American citizens. Flash foward a century to post-war Denver. In the spring of 1969, Mexican American students staged a walk out in protest of poor quality education, racist teachers, and school segregation - they were met by police in riot gear, to beat and arrested dozens of peaceful protestors. Denver thus became ground zero for debates over race in the American West, a city as important to conceptions of whiteness, "minority" status, and colorblindness as any place in the South. In the award winning book, Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post-Civil Rights America (U California Press, 2022), University of Utah historian Danielle Olden tracks the history of

Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition.  The aim of Sarah Cassella's book Global Risks and International Law: The Case of Climate Change and Pandemics (Brill/Nijhoff, 2023) is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks,

'A woman, a dog and a walnut tree, the more they are beaten, the better they’ll be.' So went the proverb quoted by a prominent MP in the Houses of Parliament in 1853. His words – intended ironically in a debate about a rise in attacks on women – summed up the prevailing attitude of the day, in which violence against women was waved away as a part and parcel of modern living – a chilling seam of misogyny that had polluted both parliament and the law. But were things about to change? The Walnut Tree: Women, Violence and the Law – A Hidden History (Mudlark, 2024) is a vivid and essential work of historical non-fiction. In it, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law. We hear of the uniquely abusive marria

What is the relationship between seapower, law, and strategy? In Balancing Strategy: Seapower, Neutrality, and Prize-Law in the Seven Years' War (Cambridge University Press, 2024) Dr. Anna Brinkman uses in-depth analysis of cases brought before the Court of Prize Appeal during the Seven Years' War to explore how Britain worked to shape maritime international law to its strategic advantage. Within the court, government officials and naval and legal minds came together to shape legal decisions from the perspectives of both legal philosophy and maritime strategic aims. As a result, neutrality and the negotiation of rights became critical to maritime warfare. Balancing Strategy unpicks a complex web of competing priorities: deals struck with the Dutch Republic and Spain; imperial rivalry; mercantilism; colonial trade; and the relationships between metropoles and colonies, trade, and the navy. Ultimately, influencing and shaping international law of the sea allows a nation to create the norms and rules that constra

In nineteenth-century Santiago de Cuba, the island of Cuba's radical cradle, Afro-descendant peasants forged freedom and devised their own formative path to emancipation. Drawing on understudied archives, this pathbreaking work, Patchwork Freedoms: Law, Slavery, and Race beyond Cuba's Plantations (Cambridge UP, 2022) unearths a new history of Black rural geography and popular legalism, and offers a new framework for thinking about nineteenth-century Black freedom. Santiago de Cuba's Afro-descendant peasantries did not rely on liberal-abolitionist ideologies as a primary reference point in their struggle for rights. Instead, they negotiated their freedom and land piecemeal, through colonial legal frameworks that allowed for local custom and manumission. While gradually wearing down the institution of slavery through litigation and self-purchase, they reimagined colonial racial systems before Cuba's intellectuals had their say. Long before residents of Cuba protested for national independence and island-wide em

In The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970 (Cambridge University Press, 2023), Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical

The Future of War Crimes Justice (Melville House, 2024), journalist and war correspondent Chris Stephen takes a colourful look at the erratic history of war crimes justice, and the pioneers who created it. He examines its shortcomings, and options for making it more effective, including the case for prosecuting the corporations and banks who fund warlords. Casting the net wider, he examines alternatives to war crimes trials, and looks into the minds of war criminals themselves through an evaluation of evidence from psychiatric studies. With international law advocates fighting for justice on one side, and reluctant governments unwilling to relinquish control on the other, he sets out to answer whether the world of the future will be governed by the rule of law or might is right. The podcast begins by exploring what is meant by ‘justice’ in the context of war crimes – whether it is (or should be) a process and collection of rights-respecting investigations and trials, or an outcome (the prosecution, conviction

During an era of broad political dissatisfaction, what is the history and role of the Constitution? Does the Constitution still have the power to unite us? Dr. Yuval Levin joins Madison's Notes to discuss his forthcoming book American Covenant: How the Constitution Unified Our Nation ― and Could Again. Along the way, he delves into key American figures from James Madison to Woodrow Wilson and the reasons for our present discord. Yuval Levin is a Senior Fellow at the American Enterprise Institute, where he is the Beth and Ravenel Curry Chair in Public Policy, and Director of Social, Cultural, and Constitutional Studies. He is the Founder and Editor in Chief of National Affairs, as well as a senior editor at The New Atlantis, a contributing editor at National Review, and a contributing opinion writer at The New York Times. Dr. Levin served as a member of the White House domestic policy staff under President George W. Bush. He was also executive director of the President’s Council on Bioethics and a congressiona

Governing After War: Rebel Victories and Post-war Statebuilding (Oxford University Press, 2024) by Dr. Shelley X. Liu explores how wartime processes affects post-war state-building efforts when rebels win a civil war and come into power. Post-war governance is a continuation of war--although violence has ceased, the victor must consolidate its control over the state through a process of internal conquest. This means carefully making choices about resource allocation towards development and security. Where does the victor choose to spend, and why? And what are the implications for ultimately consolidating power and preventing conflict recurrence? The book examines wartime rebel-civilian ties under rebel governance and explains how these ties--along with rebel governing institutions--shape the rebel victors' post-war various resource allocation strategies to establish control at the sub-national level. In turn, successfully balancing resources dedicated toward development and security helps the victor to consol

The Weimar Republic is well-known for its gay rights movement and recent scholarship has demonstrated some of its contradictory elements. In his recent book entitled The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic (University of Toronto Press, 2020), Javier Samper Vendrell writes the first study to focus on the League for Human Rights and its leader, Friedrich Radszuweit. It uses his position at the center of the Weimar-era gay rights movement to tease out the diverging political strategies and contradictory tactics that distinguished the movement. By examining news articles and opinion pieces, as well as literary texts and photographs in the League’s numerous pulp magazines for homosexuals, Vendrell reconstructs forgotten aspects of the history of same-sex desire and subjectivity. While recognizing the possibilities of liberal rights for sexual freedom during the Weimar Republic, the League’s "respectability politics" failed in part because Radszuweit’s own publications con

When we think of censorship, our minds might turn to state agencies exercising power to silence dissent. However, contemporary concerns about censorship arise in contexts where non-state actors suppress expression and communication. There are subtle and not-so-subtle forms of interference that come from social groups, employers, media corporations, and even search engines. Should these “new” forms of censorship alarm us? Should we assess them in ways that mirror our typical views about state-enacted censorship? If not, how should we think about non-state modes of censorship? In Private Censorship (Oxford University Press, 2024), JP Messina takes up these broad questions. He examines a range of emerging sites of non-state censorship – what he calls “private” censorship – and sorts through the normative, political, and legal issues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted?  Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust: Advertising and Trademarks in Nineteenth-Century America (University of Pennsylvania Press, 2023) by Dr. Jennifer M. Black tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States. As early as the 1830s, printers, advertisin

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, The Constitution of the War on Drugs (Oxford UP, 2024). An expert in constitutional law, Pozen argues that the drug war has been an unmitigated disaster, in terms of money, efficacy, and human rights. But even as activists peel off the drug war’s more unsavory aspects through cannabis and psychedelic legalization, Pozen also argues that they’ve neglected to consider the impact America’s courts could have on rectifying oppressive drug laws. It wasn’t always this way. The Constitution of the War on Drugs also details the “hidden history” of a brief legal moment in the late 1960s and early 1970s when lawyers effectively argued for liberalized drug policies – on the sound basis of the Constitution. The moment was eventually overturned, but Pozen argues it could be a useful historical lesson for people interested in the effects of constitutional law on the drug war today. A link to the digital edition