New Books in Law

"I don't care what people do in their bedroom, but do they need to flaunt it?" This sentiment is a common refrain in American culture and politics when talking about LGBTQ rights, and as Ohio State historian Dr. Clayton Howard argues, it's a sentence with a history. In The Closet and the Cul-de-Sac: The Politics of Sexual Privacy in Northern California (University of Pennsylvania, 2019), Howard tr...

“Human rights in public policy are constructed by diplomats and politicians in an international legislative process, not discovered amongst the clouds of metaphysics.” In "Advanced Introduction to the Politics of International Human Rights (Edward Elgar, 2021), David P. Forsythe, general editor of the Oxford Encyclopedia of Human Rights (5 vol.) and pioneer of the field of human rights and interna...

"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...

Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facil...

China has the reputation for being a strong security state. After the pro-democracy Tiananmen protests, the Chinese government moved to increase stability maintenance – and that approach is reflected in today’s suppression of social unrest in Xinjiang where somewhere between 800,000-2 million members of the Uighur minority have been interned in camps. Throughout the country, the government has mai...

Drawing upon twenty-five years of experience rep­resenting Black youth in Washington, D.C.'s juve­nile courts, Kristin Henning confronts America's irrational, manufactured fears of these young peo­ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has soci...

In today's program, we speak to Nandita Sharma, activist scholar and Professor of Sociology at the University of Hawai'i at Manoa. We talk about Home Rule: National Sovereignty and the Separation of Natives and Migrants (Duke University Press, 2020). In Home Rule, Sharma brilliantly traces the "historical formation and political separation of Natives and Migrants from the nineteenth century to the...

The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy: Mapuche Territorial Demands and Chilean Land Policy (U...

The University Network for Human Rights facilitates supervised undergraduate engagement in the practice of human rights at colleges and universities in the United States and across the globe. The University Network partners with advocacy organizations and communities affected or threatened by abusive state, corporate, or private conduct to advance human rights at home and abroad; trains undergradu...

In Owning the Secular: Religious Symbols, Culture Wars, Western Fragility (Routledge, 2021), Matt Sheedy, Visiting Assistant Professor at the University of Bonn, Germany, examines three case studies dealing with religious symbols and cultural identity. Drawing on theories of discourse analysis and ideology critique, this study calls attention to an evolution in how secularism, nationalism, and mul...

Undoing Drugs: The Untold Story of Harm Reduction and the Future of Addiction (Hachette Go, 2021) tells a long-running, but largely unknown, story of how a few people and groups – propelled at first by the AIDS pandemic -- swam against one of the most powerful policy tides in America – our nation’s 50-year war on drugs. Maia Szalavitz’s book is a personal and political history of the idea of harm...

"The rule of law is a means by which [western EU members] want to knead us into something that resembles them," warned Viktor Orbán during his successful campaign for a fourth consecutive term as Hungary's prime minister. Yet, until Russia's invasion of Ukraine, the EU has held back on the demands it makes of members regarding core democratic norms and values. For a decade, the EU's institutions a...

In How Machines Came to Speak: Media Technologies and Freedom of Speech (Duke University Press, 2022), Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category...

Corruption and ineffectiveness are often expected of public servants in developing countries. However, some groups within these states are distinctly more effective and public oriented than the rest. Why? Patchwork Leviathan (Princeton UP, 2020) explains how a few spectacularly effective state organizations manage to thrive amid general institutional weakness and succeed against impressive odds. D...

The beginnings of the modern welfare state are often traced to the late nineteenth-century labor movement and to policymakers’ efforts to appeal to working-class voters. But in Agents of Reform: Child Labor and the Origins of the Welfare State (Princeton UP, 2021), Elisabeth Anderson shows that the regulatory welfare state began a half-century earlier, in the 1830s, with the passage of the first c...

Ireland’s 2015 Marriage Equality referendum is often framed as an incredible achievement just twenty years after sex between men was decriminalized (1993). But starting the story of gay and lesbian rights in Ireland in 1993 is misleading; the work and roots of the major reforms of the 1990s and twenty-first century are in the 1970s, when gay and lesbian activists formed organizations, lobbied for...

Over the last 40 years, the US penal system has grown at an unprecedented rate―five times larger than in the past and grossly out of scale with the rest of the world. In The Punishment Imperative: The Rise and Failure of Mass Incarceration in America (New York University Press, 2013), criminologists Todd Clear and Natasha Frost argue that America’s move to mass incarceration from the 1960s to the...

In Childhood, Religion, and School Injustice (Cork University Press, 2020), Dr. Karl Kitching examines how debates about religion and education internationally often presume the neutrality of secular education governance as an irrefutable public good. However, understandings of secular freedom, rights and neutrality in schooling are continuously contested, and social movements have disrupted the n...

In Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992 (UP of Mississippi, 2018), Mark Newman draws on a vast range of archives and many interviews to uncover for the first time the complex response of African American and white Catholics across the South to desegregation. In the late nineteenth and first half of the twentieth century, the southern Catholic Church co...

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the constitution as if it had almost nothing to say about this threat. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard...

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was buil...

Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community, and kinship spaces, Rama Srinivasan outlines the transformations in material culture and political economy that ha...

Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of l...

In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges...