New Books in Law

Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance (Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mob...

Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world. Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed...

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We...

LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights (NYU Press, 2023) is a tour de force that weaves together the various narratives about the transformation of a counter public, in this case, LBGT citizens, into rights bearing citizenship, and the transformation of mainstream political and cultural narratives, incorporating shifting conceptions that open up spac...

Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves―even when the odds are deliberately stacked against them. In Privacy's Blueprint: The Ba...

Leigh Goodmark’s new book, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (U California Press, 2023), uses the stories of individual criminalized survivors of gender based violence to illuminate the ways that the criminal legal system perpetuates violence against the very women, transgender people, and gender non-conforming people it claims to protect. Leigh argues...

The relationship between images and truth has a complicated history. In the Western tradition, the Kantian settlement on aesthetic judgment as detached from external interests gave rise to artistic production of images that were read with epistemic authority. But the advent of modernity has at once shaken this certainty and reinforced it. No sooner than we reckoned with the singular history painti...

In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies: Polygamies at the Limits of Western Tolerance (Stanford UP, 2023), Melanie Heath comparatively investigates the regulation of polygamy in the United Stat...

Injustice, Inc.: How America's Justice System Commodifies Children and the Poor (U California Press, 2023) exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning...

Daniel Heath Justice and Jean M. O'Brien's book Allotment Stories: Indigenous Land Relations Under Settler Siege (U Minnesota Press, 2021) collects more than two dozen chronicles of white imperialism and Indigenous resistance. Ranging from the historical to the contemporary and grappling with Indigenous land struggles around the globe, these narratives showcase both scholarly and creative forms of...

In Better Law for a Better World: New Approaches to Law Practice and Education (Routledge, 2021) I spoke with Dr Liz Curran about the urgent need for innovation in law, legal practice, and legal education. In her book, she challenges the adversarial and hierarchical nature of the legal system, to uncover the harms that these processes and systems cause by the failure to recognise the person behind...

Political Scientist Hernán Flom has written a fascinating and nuanced analysis of how the criminal drug markets operate in Argentina and Brazil. Instead of tracking the path that illegal drugs take or examining how the criminal justice system works in Latin American countries, Flom has focused, instead, on the illegal drug markets as economic and political institutions to examine how they actually...

If we listen to the politicians and pundits, college campuses have become fiercely ideological spaces where students unthinkingly endorse a liberal orthodoxy and forcibly silence anyone who dares to disagree. These commentators lament the demise of free speech and academic freedom. But what is really happening on college campuses? Campus Misinformation: The Real Threat to Free Speech in American H...

Miriam Bak McKenna is an Associate Professor at the Department of Social Sciences and Business at Roskilde University (Denmark). Her first monograph, Reckoning with Empire: Self-Determination in International Law (Brill, 2023), adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different...

In Freedom Seekers: Fugitive Slaves in North America, 1800–1860 (Cambridge UP, 2021), Damian Alan Pargas introduces a new conceptualization of 'spaces of freedom' for fugitive slaves in North America between 1800 and 1860, and answers the questions: How and why did enslaved people flee to – and navigate – different destinations throughout the continent, and to what extent did they succeed in evadi...

In recent years the authors of a slew of books and articles have debated whether China is moving toward or away from the rule of law. Against this end-of-history approach to legal inquiry, Ke Li advocates for an approach that attends to the circumstances in which state actors select legal methodologies for the purposes of statecraft, and those in which they prefer nonlegal, extralegal and illegal...

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal fo...

Jefferson Cowie discusses his book Freedom’s Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022), beginning with the book’s origin story, and then tracing the use of "freedom" to dominate others in Barbour County, Alabama, from Indian Removal in the 1830s through the Civil Rights Movement in the 1960s. This episode was produced for "Working History," the podcast of the Southe...

The Intelligence Quotient is a measure of intelligence that has life-or-death consequences. Should we trust it? GUEST Alan Gouddis is a Partner with Sherman & Sterling. He was recognized by The Legal 500 as a “Leading Lawyer” in M&A Litigation Defense in 2021.   This episode was produced by Andrew Middleton  and Liya Rechtman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support...

Rohit De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest...

Why has Thailand had 20 constitutions since 1932? What accounts for the remarkable veneration Thais often feel towards these short-lived documents? How is that military coups can be viewed as completely legal in Thailand? And what accounts for the leading role prominent legal experts play in Thailand’s political order? In this podcast, Thailand scholar Duncan McCargo talks to Eugénie Mérieau about...

In Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research (Cambridge University Press, 2021), Dr. Elizabeth T. Hurren maps the post-mortem journeys of bodies, body-parts, organs, and brains, inside the secretive culture of modern British medical research after WWII as the bodies of the deceased were harvested as bio-commons. Often the human stories behind these bodies wer...

Why are people judged on whether or not they are compelling? Why isn’t telling the truth enough? What are people really listening for when others share their truths? And how does this harm asylum seekers? Dina Nayeri joins us to share: Why our perceptions of other people’s experiences impact them and us. What makes a “credible” story, and what doesn’t. How her own stories shape her. Why it can be...

Thomas Kuehn, Professor Emeritus at Clemson University talks about his new book, Patrimony and Law in Renaissance Italy (Cambridge University Press, 2022) and share's the knowledge produced in a long and fruitful career. Family was a central feature of social life in Italian cities. In the Renaissance, jurists, humanists, and moralists began to theorize on the relations between people and property...

Why have the founding members of the United Nations (the P5) evaded accountability for their crimes of genocide? Jeff Bachman, of the American University School of International Service, provides an answer in his book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Rutgers UP, 2022). It starts with an analysis of the processes that led to the adoption of t...