New Books In Law

From the beginning of the seventeenth century, French colonies and trading posts sprawled across the Atlantic and Indian Oceans. In the first pan-imperial history of the early French Empire in the English language, Mélanie Lamotte shows how an increasingly cohesive legal culture came to govern the lives of enslaved and free people of African, Malagasy, South Asian, and Native American descent. She also illuminates the important role played by these populations in the development of the empire, from Louisiana to Guadeloupe, Senegambia, Madagascar, Isle Bourbon, and India. The early French Empire has often been portrayed as a fragmented conglomerate of isolated colonies or regions. Yet Lamotte shows that racial policies issued by the metropole, as well as by officials in the Atlantic and Indian Oceans, significantly influenced one another. Rather than focusing on the actions of administrators, however, Lamotte also reveals the extensive influence of people on the ground—especially those of non-European descent

International law scholars are often among the sharpest critics of the Trump administration—but what if the usual story misses something essential? In this episode, RBI interim director Eli Karetny speaks with NYU international law professor Robert Howse about Trump’s complicated relationship with the UN Charter system, from Gaza to Venezuela and Iran. The conversation also turns to political theory: Leo Strauss’s reputation as a neoconservative godfather, the shadow of Carl Schmitt, and how today’s MAGA New Right recycles older anxieties about liberalism, virtue, and masculinity. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Pathology of Plenty: Natural Resources in International Law (Bloomsbury 2025), Lys Kulamadayil offers a crucial examination of how international law shapes the exploitation of natural resources in post-colonial States. Kulamadayil reveals how international legal rules can be constitutive, punitive, remedial in creating the paradox of plenty in resource-rich States. The book revisits the making of foundational principles like sovereignty over natural resources and economic self-determination as applied during decolonisation; explores how humanitarian frameworks have justified extraction of public natural resources; and traces the proliferation of international treaties that protect foreign property rights. The book also zooms in on legal paradigms ranging from contract law to anti-corruption, human rights, and criminal law, arguing that these frameworks often work together to create the pathology of plenty. Through this interrogation, the book points to proposals to escape siloed ways of thinking about na

"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. A

In 1788, Mary Smith was ruined and banished from "civilised" society when her neighbor accused her of carrying a bastard child. To silence the ruinous rumors and vindicate her name, Smith sued him for defamation. But in court, she faced the onerous burden, entrenched within English law of sexual slander, of proving "special damage." Smith should have lost her case, but her action set off a remarkable reform movement. In Special Damage: The Slander of Women and the Gendered History of Defamation Law (Stanford University Press, 2025), Dr. Jessica Lake offers a comparative legal history of gendered hate speech, verbal abuse, and sexual harassment across 19th-century America, Australia, and England. Drawing upon original archival material, she tracks the creation of the Slander of Women reforms that made it easier for women to sue when called "whores." Dr. Lake reveals, for the first time, the cases brought by women that spurred and benefitted from these reforms. In doing so, she details how debates about women,

In both the United States and France, each side of the legal battle over same-sex marriage and parenthood relied heavily on experts. Despite the similarity of issues, however, lawmakers in each country turned to different sets of authorities: from economists and psychoanalysts to priests and ordinary people. They even prized different types of expertise—empirical research in the United States versus abstract theory in France.Exploring the legalization of same-sex marriage in the United States and France, Michael Stambolis-Ruhstorfer sheds new light on the power of experts to influence high-stakes democratic debates. Drawing on extensive interviews and ethnographic observation, Michael Stambolis-Ruhstorfer traces the divergences between the two countries, showing why some experts are ubiquitous in one but absent in the other. He argues that lawmakers, judges, lawyers, journalists, and activists covet something only experts can provide: the credibility and aura of authority, or “expert capital,” which they depl

Despite reform efforts that have grown in scope and intensity over the last two decades, the machine of American mass incarceration continues to flourish. In Ghost in the Criminal Justice Machine: Reform, White Supremacy, and an Abolitionist Future, formerly incarcerated activist and organizer Emile Suotonye DeWeaver argues that the root of the problem is white supremacy. During twenty-one years in prison, DeWeaver covertly organized to pass legislation impacting juveniles in California’s criminal legal system; was a culture writer for Easy Street Magazine; and co-founded Prison Renaissance, an organization centering incarcerated voices and incarcerated leadership. DeWeaver draws on these experiences to interrogate the central premise of reform efforts, including prisoner rehabilitation programs, arguing that they demand self-abnegation, entrench white supremacy, and ignore the role of structural oppression. DeWeaver intervenes in contemporary debates on criminal justice and racial justice efforts with hi

In eighteenth-century America, genealogy was more than a simple record of family ties—it was a powerful force that shaped society. Lineage: Genealogy and the Power of Connection in Early America (Oxford UP, 2025) by Dr. Karin Wulf delves into an era where individuals, families, and institutions meticulously documented their connections. Whether driven by personal passion or mandated by churches, local governments, and courts, these records appeared in diverse forms-from handwritten notes and account books to intricate silk threads and enduring stone carvings.Family connections wielded significant influence across governmental, legal, religious, cultural, and social spheres. In the American context, these ties also defined the boundaries of slavery and freedom, with a child\'s status often determined by their mother, despite the prevailing patriarchy. This book reveals the profound importance of genealogy that was chronicled by family records, cultural artifacts, and court documents. These materials, created b

George Fisher, the Judge John Crown Professor of Law at Stanford Law School, just released his new book Beware Euphoria: The Moral Roots and Racial Myths of America’s Drug War, with Oxford University Press. George has been teaching and writing in the realms of evidence, prosecution practice, and criminal legal history since 1995. He began practice as a prosecutor in Massachusetts and later taught at the law schools of Boston College, Harvard, and Yale. Beware Euphoria is the most recent among a slew of other books, articles, and essays that he’s published over the years, and perhaps the most contrarian. In this interview, George discusses his research methods and how he came to the conclusion that the history of America’s drug war, while racially motivated, was not meant to target minorities, but protect the morals and health of America’s white youth. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book,

Execution, State and Society in England, 1660–1900 (Cambridge UP, 2023) by Dr. Simon Devereaux provides the first comprehensive account of execution practices in England and their extraordinary transformation from 1660 to 1900. Agonizing execution rituals were once common. Male traitors were hanged, disembowelled while still alive, then decapitated and quartered. Female traitors were burned alive. And common criminals slowly choked to death beneath wooden crossbeams erected at the margins of towns. Some of their bodies were either left to rot on roadside gibbets or dissected by anatomy instructors. Two centuries later, only murderers and traitors were executed – both by hanging – and they died alone, usually quickly, and behind prison walls. In this major contribution to the history of crime and punishment in England, Dr. Devereaux reveals how urban growth, and the unique public culture it produced, challenged and largely displaced those traditional elites who valued the old 'Bloody Code' as an instrument of

In Corporate Power and the Politics of Change (Cambridge UP, 2025), Matteo Gatti examines how corporations have taken on roles traditionally reserved for governments - advocating on social issues, setting internal norms, and stepping in where public institutions fall short. This phenomenon, called corporate governing, takes two forms: socioeconomic advocacy, when companies take public stances, and government substitution, when they deliver services or protections the state does not provide. Drawing on legal doctrine and insights from the social sciences, Gatti shows how this shift reflects broader pressures within firms and deep dysfunction outside them. The rise of corporate governing has also triggered political, legal, and cultural backlash that challenges its legitimacy and reach. Clear-eyed and timely, this book offers a framework for understanding how corporate power reshapes policymaking and what that means for business and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Suppo

Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq (Stanford UP, 2025) considers the legal making and unmaking of citizenship in Iraq, focusing on the mass denaturalization and deportation of Iraqi Jews in 1950–51 and Iraqis of Iranian origin in the early 1980s. Since the formation of the modern state of Iraq under British rule in 1921, practices of denaturalization and expulsion of citizens have been mobilized by ruling elites to curb political opposition. Iraqi politicians, under both monarchical and republican rule, routinely employed the rhetoric of threats to national security, treason, and foreignness to uproot citizens they deemed politically undesirable. Using archival documents, ethnographic research, and literary and autobiographical works, Zainab Saleh shows how citizenship laws can serve as a mechanism to discipline the population. As she argues, these laws enforce commitment to the state's political order and normative values, and eliminate dissenting citizens thro

Each year, police officers kill over 1,000 people they’ve sworn to protect and serve. While some cases, like George Floyd’s and Sandra Bland’s, capture national attention, most victims remain nameless, their stories untold. The Coroner’s Silence: Death Records and the Hidden Victims of Police Violence (Beacon Press, 2025) reveals a disturbing truth about these cases: coroners and other death investigators are often complicit in obscuring the violent circumstances of in-custody deaths.Through rigorous research—including critical records analysis, public health studies, and interviews with victims’ families—this book unmasks the systemic failures within forensic medicine. Terence Keel shows how incomplete autopsy reports, mishandled medical documents, and strategically lost evidence effectively shield law enforcement from accountability.The Coroner’s Silence uncovers how the current system of death investigation operates as a mechanism of institutional safeguarding. By highlighting the structural powerlessness

From the earliest days of its founding, the United States set its sights on Native territory. Amid better-known “Indian wars,” the federal government quietly built an empire by treaty, offering payments to Native peoples for their land. Routinely inadequate, these payments were nonetheless pivotal because federal officials chose not to deliver them as a lump sum. Instead, the government kept the bulk of payments owed to Native nations under its own control as a trustee, and made access to future installments contingent on Native compliance. In Vested Interests: Trusteeship and Native Dispossession in the United States (Princeton UP, 2025), Dr. Emilie Connolly describes how a system of “fiduciary colonialism” seized a continent from its original inhabitants—and, ironically, furnished Native peoples with financial resources that sustained their nations.Connolly documents two centuries of dispossession in the guise of fiduciary benevolence. Acting as both dispossessor and trustee, the federal government invested

Civil Blood: Vendetta Violence and the Civic Elites in Early Modern Italy (Cornell UP, 2025) is a study of the practice of vendetta among the civic elites in sixteenth-century Italy and illustrates the complex and integral role that vendetta violence played in civic life and state formation on the winding path to state centralization. At many temporal, geographic, and political points in early modern Italy, vendetta appears to have not only disrupted but also constituted the processes by which the modern state emerged. Dr. Amanda G. Madden examines vendetta as both central to politics and as an engine of change and illustrates the degree to which key phenomena of the period—state centralization, growing bureaucracies, institutional reforms, and the process of state formation—were interpenetrated by, and not simply opposed to, ongoing factional violence among civic elites. Dr. Madden further illuminates in Civil Blood how elites utilized violent enmities to maintain a grip on political control and negotiated

An expansive policy blueprint for meaningfully expanding the middle class for the first time in a century The US middle class was a product of state and federal policies enacted in the wake of the Great Depression. But since the 1980s, lawmakers have undermined what they once built, shredding the social safety net and instituting laws that virtually guarantee downward mobility for all but the most privileged. How can we restore what has been lost? Rigorous and highly readable, The Middle-Class New Deal: Restoring Upward Mobility and the American Dream (U California Press, 2026) breaks down the policies that have decimated working families and proposes reforms to reverse this trend. As Mechele Dickerson shows, part of the problem is that politicians disingenuously conflate the middle class with the "White lower rich." Such propaganda hides how state and federal lawmakers consistently favor education, labor, housing, and consumer-credit laws that erode the bank accounts of lower- and middle-income people--espec

Has American democracy outstripped its constitutional accommodations? Faith in the resilience and adaptability of the US Constitution rests on a long history of finding new ways to make the system work. In The Adaptability Paradox: Political Inclusion and Constitutional Resilience (University of Chicago Press, 2025), political scientist Stephen Skowronek examines the rearrangements that regenerated the American government in the past and brings that experience to bear on our current predicament. He shows how a constitution framed in writing some 230 years ago can run into serious difficulties directly related to its long and impressive history of adaptation. Skowronek connects questions about the Constitution’s adaptability to the challenges of democratization. For most of American history, serial rearrangements of constitutional relationships widened the government’s purview as a national democracy without giving either nationalism or democracy free rein. Skowronek argues that the politics of adaptation shif

The influence and spread of clans and families within the ‘ndrangheta - the Calabrian mafia - is international yet recognising their activities is not always easy, especially when considering mafia groups’ apparent ability to ‘disappear’ when abroad. How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility (Bristol University Press, 2025) by Professor Anna Sergi challenges existing myths about the mobility of this mafia group, emphasizing mafias' interconnectivity and ubiquity both at home and abroad, while providing practical tools for law enforcement and organized crime practitioners. It considers potential biases around ethnicities and surnames and the intergenerational diversification of mafias – for example, the use of encryption technologies. Combining theory with case studies drawn from Dr. Sergi’s extensive fieldwork, the book sets out the policy and practice implications for combatting organized crime. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-c

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others. Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Profes

In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it. Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible. J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022). Clayton Jarrard is a Research