New Books In Law

How does a Black man in Austin get sent to prison on a 70-year sentence for stealing a tuna sandwich, likely costing Texas taxpayers roughly a million dollars? In America, your liberty--or even your life--may be forfeit not simply because of what you do, but where you do it. If the same man had run off with a lobster roll from a lunch counter in Maine it's unlikely that he'd be spending the rest of his life behind bars. The U.S. incarcerates more people than any other industrial democracy in the world. We have more ex-prisoners than the entire population of Ireland, and more people with a felony record than the populations of Denmark, Norway, New Zealand and Liberia combined. Why did the United States become the world's biggest jailer? And, just as importantly, what has it done to us? What are the costs--socially, economically, and politically--of having the world's largest population of ex-prisoners? And what can we do about it? In The Jailer's Reckoning: How Mass Incarceration Is Damaging America (Rowman &

This is the final episode of Cited’s most recent season, Use & Abuse of Economic Expertise, a season that tells stories of the political and scholarly battles behind the economic ideas that shape our world. For a full list of credits, and for the rest of the episodes, visit the series page. They will back with a new season focussed on environmental politics in early 2025, so make sure you are subscribed to the podcast (Apple, Spotify, manual RSS). The MAGA movement scores big wins by taking cheap shots at experts. Now, some worry that Donald Trump could try to oust Federal Reserve Chairman Jerome Powell. The typical centrist position is to defend the supposedly impartial, apolitical expertise of such figures. Yet, we know that is not exactly right either. Is there a better way to imagine a better bank? In our first segment, we speak with Frances Coppala, author of The Case for People's Quantitative Easing. It’s something of a case study in Fed politics, revealing how their decisions post-Global Financial Cris

An internet search of the phrase "this is what democracy looks like" returns thousands of images of people assembled in public for the purpose of collective action. But is group collaboration truly the defining feature of effective democracy? In Civic Solitude: Why Democracy Needs Distance (Oxford UP, 2024), Robert B. Talisse suggests that while group action is essential to democracy, action without reflection can present insidious challenges, as individuals' perspectives can be distorted by group dynamics. The culprit is a cognitive dynamic called belief polarization. As we interact with our political allies, we are exposed to forces that render us more radical in our beliefs and increasingly hostile to those who do not share them. What's more, the social environments we inhabit in our day-to-day lives are sorted along partisan lines. We are surrounded by triggers of political extremity and animosity. Thus, our ordinary activities encourage the attitude that democracy is possible only when everyone agrees--a

An internet search of the phrase "this is what democracy looks like" returns thousands of images of people assembled in public for the purpose of collective action. But is group collaboration truly the defining feature of effective democracy? In Civic Solitude: Why Democracy Needs Distance (Oxford UP, 2024), Robert B. Talisse suggests that while group action is essential to democracy, action without reflection can present insidious challenges, as individuals' perspectives can be distorted by group dynamics. The culprit is a cognitive dynamic called belief polarization. As we interact with our political allies, we are exposed to forces that render us more radical in our beliefs and increasingly hostile to those who do not share them. What's more, the social environments we inhabit in our day-to-day lives are sorted along partisan lines. We are surrounded by triggers of political extremity and animosity. Thus, our ordinary activities encourage the attitude that democracy is possible only when everyone agrees--a

It’s the UConn Popcast, and in this episode of our series on artificial intelligence, we discuss Joanna Bryson’s essay “Robots Should be Slaves.” We dive headlong into this provocative argument about the rights of robots. As scholars of cultural and social understanding, we are fascinated by the arguments Bryson - a computer scientist - makes about who should, and should not, be rights-bearing members of a community. Does Bryson mean we should enslave robots now and always, regardless of their claims to rights? How does Bryson deal with the natural human tendency to anthropomorphize non-human things, and with the likelihood that as AI advances, robots will appear more human? If the robot as slave is an unacceptable idea - even in metaphorical form - then what other metaphors might help us think through our relationships with thinking machines? Music by aiva.ai Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm

What can dresses, bedlinens, waistcoats, pantaloons, shoes, and kerchiefs tell us about the legal status of the least powerful members of American society? In the hands of eminent historian Laura F. Edwards, these textiles tell a revealing story of ordinary people and how they made use of their material goods' economic and legal value in the period between the Revolution and the Civil War. Only the Clothes on Her Back: Clothing and the Hidden History of Power in the Nineteenth-Century United States (Oxford University Press, 2022) by Dr. Laura F. Edwards uncovers practices, commonly known then, but now long forgotten, which made textiles—clothing, cloth, bedding, and accessories, such as shoes and hats—a unique form of property that people without rights could own and exchange. The value of textiles depended on law, and it was law that turned these goods into a secure form of property for marginalized people, who not only used these textiles as currency, credit, and capital, but also as entree into the new rep

How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China’s e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and disput

Saadia Yacoob’s excellent new book, Beyond the Binary: Gender and Legal Personhood in Islamic Law (U of California Press 2024), makes a compelling argument about gender and Islamic law that has been shockingly overlooked: Legal personhood in Islamic law is intersectional and relational, and gender is not a binary. While Muslims commonly treat gender as a fixed, stand-alone category in Islam that fundamentally shapes an individual’s legal status, Yacoob shows that that legal status in Islamic law was not determined by fixed categories of male or female but by a complex web of social hierarchies, including class, age, freedom, enslavement, social status, and lineage. She challenges the conventional binary understanding of gender by drawing on a rich array of historical, early Hanafi texts from the ninth to twelfth centuries. With insightful coverage of topics such as marriage, slavery, and sexual ethics, Yacoob finds that the categories of man and woman are unstable and conditional in Islamic law. In fact, she

The horror genre has endured a long and controversial success within popular culture. Fraught with accusations pertaining to its alleged ability to harm and corrupt young people and indeed society as a whole, the genre is constantly under pressure to suppress that which has made it so popular to begin with - its ability to frighten and generate discussion about society's darker side.  In The Myth of Harm: Horror, Censorship and the Child (Bloomsbury, 2022), Dr. Sarah Cleary analyses controversies, myths, and falsehoods surrounding the genre of horror. Focusing on five major controversies, the text examines how horror media has become a scapegoat for political and social issues, platforms for “moral entrepreneurs” and tools of hyperbole for the news industry. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States incarcerates its citizens for property crime, drug use, and violent crime at a rate that exceeds any other developed nation – and disproportionately affects the poor and racial minorities. Yet the U.S. has never developed the capacity to consistently prosecute corporate wrongdoing. This disjuncture between the treatment of street and corporate crime is often narrated as hypocrisy. Others suggest that the disparity is rooted in a conservative backlash after the civil rights movement and the Great Society or a legacy of slavery, Jim Crow, and the racialization of crime. In Dual Justice: America's Divergent Approaches to Street and Corporate Crime (U Chicago Press, 2024), Dr. Anthony Grasso interrogates the intertwined histories of street and corporate crime to find that the differences in punishment are more than modern hypocrisy. Examining the carceral and regulatory states' evolutions from 1870 through today, Grasso argues that divergent approaches to street and corporate crime share common,

I spoke with an accomplished attorney and innovative law professor Rodger Citron of the Touro Law School about the complex relationships between history and... yes, law. We talked about how the Nuremberg trials of Nazi criminals after World War II shaped the US legal philosophy. We dug into themes like the tensions between originalism and evolving interpretations of the Constitution and how judges’ personal histories impact supposedly objective rulings. We discussed Judge Irving Kaufman (famous for sentencing Julius and Ethel Rosenberg to death in 1951) and how his complex legacy offers insight into the human dimension of the judiciary. We also discussed a recent Supreme Court case, Mallory v. Norfolk Southern Railway Company, to illustrate the evolving (and surprising) tensions between originalism and "Living Constitution" approaches to law. With serious legal questions bound to arise during Trump's second term as president, and a bloody land war raging in Europe, this is a timely topic for anyone eager to u

In this week’s episode we step into conversation with Keith Whittington about his new book, The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool (Princeton UP, 2024), we explored the historical and constitutional dimensions of impeachment in American politics. Whittington provided a detailed account of how the Founders intended impeachment to function as a safeguard against executive overreach. We discussed the evolution of impeachment cases, from Andrew Johnson to more recent examples, examining how political partisanship and public opinion have shaped its application over time. Whittington also reflected on the implications of impeachment for the health of democratic institutions and constitutional governance today. It was an enlightening discussion on one of the most important, yet often misunderstood, mechanisms in the U.S. Constitution. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American

There has been a lot of commentary from scholars and journalists as to the meaning of Donald Trump’s three appointments to the United States Supreme Court – with regards to changes in jurisprudence, increased separation of the Court from political processes that legitimate it. Drs. Kirsten Widner and Anna Gunderson have done something a little different using tools from political science.  Their new book, The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021 (Cambridge UP 2024), examines how the changing composition of the US Supreme Court affects who participates in advocacy before the Court. Who thinks to bring a case to the Supreme Court and has that changed since three new justices were appointed during the presidency of Donald Trump? Their book argues that Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have changed the behavior of both litigants (people bringing cases) and amicus curiae (groups that write briefs in support of either side). Their study demonstrates

Dr Laura Smith-Khan speaks with Dr Anthea Vogl about her new book, Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination (Cambridge UP, 2024). The conversation introduces listeners to the procedures involved in seeking asylum in the global north and how language is implicated throughout these processes. Discussing Dr Vogl’s new book and research, the podcast explores the difficult narrative demands these processes place on those seeking asylum, and the sociopolitical context underlying them. It reflects on the contributions scholars across disciplines have made and can make to law and policy reform, informing best practice, and advocating for more just systems. For additional resources, show notes, and transcripts, go here. Follow Laura Smith-Khan on Bluesky and Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, we interview Prof. Bernard Freamon on his new book Possessed by the Right Hand. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last two decades, the United States has supported a range of militias, rebels, and other armed groups in Afghanistan, Iraq, and Syria. Critics have argued that such partnerships have many perils, from enabling human rights abuses to seeding future threats. Policy makers, however, have sought to mitigate the risks of partnering with irregular armed groups. Militia group leaders in far-flung corners of these war-torn countries were subjected to background checks and instructed about international law and human rights, and their funding was cut when they crossed red lines. To what extent have such mechanisms curbed the dangers of proxy warfare, and what unforeseen consequences has this approach unleashed? Drawing on a decade of field research and hundreds of interviews with stakeholders, in Illusions of Control: Dilemmas in Managing U.S. Proxy Forces in Afghanistan, Iraq, and Syria (Columbia University Press, 2024), Dr. Erica L. Gaston unpacks the dilemmas of attempting to control proxy forces. She demo

Who controls what is taught in American universities – professors or politicians? The answer is far from clear but suddenly urgent. Unprecedented efforts are now underway to restrict what ideas can be promoted and discussed in university classrooms. Professors at public universities have long assumed that their freedom to teach is unassailable and that there were firm constitutional protections shielding them from political interventions. Those assumptions might always have been more hopeful than sound. A battle over the control of the university classroom is now brewing, and the courts will be called upon to establish clearer guidelines as to what – if any – limits legislatures might have in dictating what is taught in public universities.  In You Can't Teach That!: The Battle over University Classrooms (Polity Press, 2024), Keith Whittington argues that the First Amendment imposes meaningful limits on how government officials can restrict the ideas discussed on university campuses. In clear and accessible p

In this episode, we talk to Professor Jonathan Brown about his book, Slavery and Islam. 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 latest episode of Madison’s Notes, we sit down with Dr. Paul DeHart, professor of Political Science at Texas State University and author of The Social Contract in the Ruins:  Natural Law and Government by Consent (University of Missouri Press, 2024). In this illuminating discussion, Dr. DeHart challenges the prevailing belief that social contract theory and classical natural law are fundamentally incompatible. His book offers a bold argument: political authority and obligation cannot be grounded solely in human agreement but must rest on a deeper, antecedent moral foundation—one that is uncreated and independent of human or divine will. Without this objective moral good, even the widely accepted principle of government by consent loses its coherence. Throughout the episode, Dr. DeHart explores key philosophical questions surrounding political legitimacy and the moral underpinnings of authority. We dive into why modern approaches to grounding political authority through consent alone are self-defeating

Perceptions of the United States as a nation of immigrants are so commonplace that its history as a nation of emigrants is forgotten. However, once the United States came into existence, its citizens immediately asserted rights to emigrate for political allegiances elsewhere. Quitting the Nation: Emigrant Rights in North America (UNC Press, 2024) recovers this unfamiliar story by braiding the histories of citizenship and the North American borderlands to explain the evolution of emigrant rights between 1750 and 1870. Eric R. Schlereth traces the legal and political origins of emigrant rights in contests to decide who possessed them and who did not. At the same time, it follows the thousands of people that exercised emigration right citizenship by leaving the United States for settlements elsewhere in North America. Ultimately, Schlereth shows that national allegiance was often no more powerful than the freedom to cast it aside. The advent of emigrant rights had lasting implications, for it suggested that peop