New Books In Law

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 't

When we think about "red tape" and the cost of regulation it's hard to overstate the impact of professional licensing. According to Professor Rebecca Haw Allensworth, it's bigger than unions and more expensive than sales taxes. Millions of American workers are required - by law - to obtain a license in order to work. This barrier of entry depends on requirements set by licensing boards staffed mainly by members of the profession they oversee. It limits the number of people who can serve and also confers on licensees a certain degree of prestige and trust.  In The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong (Harvard UP, 2025), Allensworth goes deep into a complex web of conflicting priorities.  Whether it's hair stylists or doctors, plumbers or lawyers, licensing board members are asked to simultaneously represent their personal practice, fellow professionals, and the public. They have to literally "wear three hats", which leads to well-intentioned, but deeply flawed and biase

Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration. In Borders and Belonging: Toward a Fair Immigration Policy (Oxford University Press, 2025), Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept—national borders—and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical bo

This conversation includes James Boyle, Duke University; Jeffrey Herlihy-Mera, UPR-M; Héctor José Huyke, UPR-M, and Natalia Bustos, UPR-M. This is the first of two episodes about The Line: AI and the Future of Personhood. The second, in Spanish, will appear on the New Books Network en español. The series is sponsored by the Encuentros descoloniales focal group at Instituto Nuevos Horizontes at UPRM, a group of scholars who consider how decolonial approaches ​​can provide nuance in scientific knowledge. This episode and the Instituto Nuevos Horizontes at the UPRM have been supported by the Mellon Foundation. The conversation is part of the “STEM to STEAM” project of the “Cornerstone” initiative, sponsored by the Teagle Foundation, which stresses the importance of integrating humanistic perspectives in the sciences. The Line: AI and the Future of Personhood is available online for free through the MIT website per the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License. Learn m

Today I’m speaking with Shimon Shetreet, Greenblatt Chair of Public and International Law at the Hebrew University and a former politician. We are discussing his recently published work, co-edited with Hiram Chodosh, titled Judicial Independence: Cornerstone of Democracy. Democracies around the world, from Israel and Mexico to Poland and Hungary, are grappling with challenges to judicial independence. Attacks on judicial independence often masquerade as attempts to strengthen democracy, despite the necessity of judicial independence to uphold constitutionality, hold no one above the law, and protect the most vulnerable people. This volume offers a truly comprehensive view of the global challenges facing judicial independence. Shimon Shetreet is an Israeli former politician who held several ministerial portfolios between 1992 and 1996. He is currently the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem. Caleb Zakarin is editor at the New Books Network. Learn more about yo

International Development Law: Rule of Law, Human Rights & Global Finance (Springer, 2020) describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. It provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies.  In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islam

How the US asylum process fails to protect against claims of gender-based violence. Through eyewitness accounts of closed-court proceedings and powerful testimony from women who have sought asylum in the United States because of severe assaults and death threats by intimate partners and/or gang members, Private Violence: Latin American Women and the Struggle for Asylum (NYU Press, 2024) examines how immigration laws and policies shape the lives of Latin American women who seek safety in the United States. Carol Cleaveland and Michele Waslin describe the women's histories prior to crossing the border, and the legal strategies they use to convince Immigration Judges that rape and other forms of "private violence" should merit asylum - despite laws built on Cold War era assumptions that persecution occurs in the public sphere by state actors. Private Violence provides much-needed recommendations for incorporating a gender-based lens in the asylum process. The authors demonstrate how policy changes across Preside

What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice (Oxford University Press, 2024), Chaya T. Halberstam challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care. Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic lit

What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas. With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt: Bankruptcy, International Law, and the Making of Latin America (Oxford University Press, 2024) by Dr. Edward Jones Corredera studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring role in the construction and codification of national constitutions, identities, and international legal norms in Latin America. This new history of the moral economy of the Hispanic World from the 152

In The Politics of Annihilation: A Genealogy of Genocide (University of Minnesota Press, 2019),Benjamin Meiches takes a novel approach to the study of genocide by analyzing the ways in which ideas, concepts, and understandings about what genocide is and how it is to be prevented have become entrenched politically and intellectually. At the center of this analysis is what Meiches refers to throughout his text as the hegemonic understanding of genocide. Using what Michel Foucault describes as genealogy, Meiches set out to evaluate the process by which the concept of genocide has become intelligible. In doing so, Meiches offers significant evidence in support of many of the emerging critiques of the field of genocide studies. Meiches also inspires reflective and introspective thinking regarding the ways in which genocide scholarship contributes to the maintenance of a hegemonic understanding of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member!

Judith Giesberg, an expert on the history of women and gender during the Civil War, is professor and director of graduate studies in the history department at Villanova University and Editor of The Journal of the Civil War Era. Two of her previous books include Civil War Sisterhood: The United States Sanitary Commission and Women’s Politics in Transition (2000), which is about the understudied roles of women in relief efforts during the war, and “Army at Home”: Women and the Civil War on the Northern Home Front (2009), which concerns the experiences of working class women in the north. She is also the principal editor of Emilie Davis’s Civil War: The Diaries of a Free Black Woman in Philadelphia (2014). Her latest book, and the subject of our discussion, is Sex and the Civil War: Soldiers, Pornography, and the Making of an American Morality (University of North Carolina Press, 2017). Giesberg argues that the Civil War is the turning point for the influential rise of postwar anti-pornography laws and a genesis

The Rhodes blood libel of 1840, an outbreak of anti-Jewish violence, was initiated by the island’s governor in collusion with Levantine merchants, who charged the local Jewish community with murdering a Christian boy for ritual purposes. An episode in the shared histories of Ottomans and Jews, it was forgotten by the former and, even if remembered, misunderstood by the latter. The 1840 Rhodes Blood Libel: Ottoman Jews at the Dawn of the Tanzimat Era (Berghahn Books, 2024) aims to restore the place of this event in Sephardi and Ottoman history. Based on newly discovered Ottoman and Jewish sources it argues that the acquittal of Rhodian Jews is adequately understood only in the context of the Tanzimat and the Sublime Porte’s foreign relations. Contrary to the common view that Ottoman Jews did not experience the impact of the Tanzimat reforms until the mid-1850s, this study shows that their effects were felt as early as 1840. Furthermore, this book offers a window onto life and intercommunal relations in the Eas

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” fat

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organization

For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population. Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regul

In this episode of the Language on the Move Podcast, Brynn Quick speaks with Dr. Alexandra Grey about Dr. Grey’s book entitled Language Rights in a Changing China: A National Overview and Zhuang Case Study (De Gruyter, 2021). China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first majo

Ways of Remembering: Law, Cinema and Collective Memory in the New India (Cambridge UP, 2024) tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom--postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and

Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their c

A guide to the fascinating legal history of the videogame industry, written for nonlawyers.  Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man?  Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. T

In June 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider. Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the regi