New Books in Law

Historically, marriage was understood to be a conjugal relationship; that is to say, a bond uniting a man and a woman as husband and wife in a partnership shaped by its special aptness for conceiving and rearing children. Thus, its norms included sexual complementarity, exclusivity, fidelity, and a pledge of permanence. In 2015, the Supreme Court of the United States, in the case of Obergefell v....

The Antebellum Origins of the Modern Constitution: Slavery and the Spirit of the American Founding (Cambridge University Press, 2020) argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhool...

Bob Bauer and Jack Goldsmith, two attorneys who have worked, respectively, in the Barack Obama and the George W. Bush Administrations, have written a blueprint of considerations to reform and revise aspects of the Executive Branch and the presidency. After Trump: Reconstructing the Presidency (Lawfair Press, 2020) joins a number of recent books—among them Susan Hennessey and Benjamin Wittes’ Unmak...

Joseph E. David, Professor of Law at Sapir Academic College in Israel, has written an intellectual history of the concept of belonging. David reviews the ancient Greek, Christian Biblical, Talmudic and Islamic conceptions of belonging and how such ideas have affected understandings of familial relations, marriage, and the political role of the family at different points in Western political histor...

Welcome to The Academic Life. You are smart and capable, but you aren’t an island, and neither are we. So we reached across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring in an expert about something? Email us at cgessler@gmail.com or dr.danamalone@gmail.com. Find us on Twitter : The Academic Life...

In the United States, gun violence is in a state of national crisis, yet efforts to reform gun regulation face significant political and constitutional barriers. In this innovative book, Ian Ayres and Fredrick E. Vars put forward creative and practical solutions, proposing legislative reform which will reduce gun deaths. Theirs is a libertarian 'bottom-up' approach which seeks to empower those mos...

During the mid-1930s, Germans opposed to Adolf Hitler had only a limited range of options available to them for resisting the Nazi regime. One of the most creative and successful challengers in this effort was Ernst Fraenkel, who as an attorney sought to use the law as a means of opposing Nazi oppression. In Legal Sabotage: Ernst Fraenkel in Hitler’s Germany (Cambridge University Press, 2020), Dou...

My guest today, author Mithu Sanyal, describes the topic of rape as a ‘cultural sore spot,’ one that requires yet eludes wide conversation. Her latest book, Rape: From Lucretia to #MeToo (Verso, 2019), bravely starts this conversation. It covers the history of rape as well as of our divergent and misguided conceptions for it, and it addresses the topic’s intersection with matters of gender stereot...

Kimberley Brownlee, a professor of philosophy at the University of British Columbia, has written a monograph addressing her argument in favor a right against social deprivation.  In Being Sure of Each Other: An Essay on Social Rights and Freedoms (Oxford UP, 2020), Professor Brownlee contends that all humans have basic needs for human interaction. Since such needs are fundamental for survival, the...

At first glance, the term “expressive individualism” seems benign enough. After all, people throughout the Western world value their personal freedom and the liberty to make crucial life decisions such as whether to have children and how and when they wish to die. What could possibly be wrong with the idea that everyone should be in control of his or her own body and fate to the greatest extent po...

The world of theater performances is often thought of as being composed of wealthy persons who received elite educations at art institutions all so they could be observed by a small, wealthy elite at exclusive and expensive gatherings. Theater is seen as an insular, elitist practice, for and by a select few. However, this image of theater is deeply misleading, especially as more performances are a...

Today we speak to Carolyn Conley, Professor Emerita from the University of Alabama – Birmingham, about her new book Debauched, Desperate, Deranged: Women Who Killed, London 1674-1913 (Oxford UP, 2020). This book examines the over 1400 trials of women accused of homicide in London from 1674-1913, using trial records as well as newspaper, pamphlets and other media to analyse the changing image of th...

Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses: The Case for Separating Church and State (Oxford University Press, 2020), Erwin Chemerinsky and H...

The Color of Creatorship: Intellectual Property, Race, and the Making of Americans  (Stanford University Press, 2020) by Anjali Vats is an intricate and meticulously researched text on intellectual property history, race, and citizenship from the 1790s to the present. This is a complex narrative that engages multiple fields of knowledge including rhetoric, history, communication studies, law, and...

Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that l...

In his new book Empire of Law: Nazi Germany, Exile Scholars, and the Battle for the Future of Europe (Cambridge UP, 2020), Kaius Tuori examines the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Bri...

Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus...

In this fascinating history of Australia’s electoral system, Judith Brett makes a timely case in favour of compulsory voting. Her analysis is entertaining and enlightening, and makes a significant contribution to the ongoing political discussions around the US electoral college, the Brexit vote, and the frequently-changing Australian Prime Ministership. In From Secret Ballot to Democracy Sausage:...

Why did the Founding Fathers fail to include blacks and Indians in their cherished proposition that “all men are created equal”? Racism is the usual answer. Yet Nicholas Guyatt argues in Bind Us Apart: How Enlightened Americans Invented Racial Segregation (Basic Books, 2016) that white liberals from the founding to the Civil War were not confident racists, but tortured reformers conscious of the d...

When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, th...

“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This i...

Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) by Prof. Nurfadzilah Yahaya is a wide-ranging, geographically ambitious book that tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. Here, Yahaya looks at colonial legal in...

The Republic of Biafra lasted for less than three years, but the war over its secession would contort Nigeria for decades to come. A History of the Republic of Biafra: Law, Crime, and the Nigerian Civil War (Cambridge University Press, 2020) examines the history of the Nigerian Civil War and its aftermath from an uncommon vantage point – the courtroom. Wartime Biafra was glutted with firearms, wra...

Monster is an adult pit bull, muscular and grey, who is impounded in a large animal shelter in Los Angeles. Like many other dogs at the shelter, Monster is associated with marginalized humans and assumed to embody certain behaviors because of his breed. And like approximately one million shelter animals each year, Monster will be killed. The Lives and Deaths of Shelter Animals (Stanford UP, 2020)...

Are psychedelics invaluable therapeutic medicines, or dangerously unpredictable drugs that precipitate psychosis? Tools for spiritual communion or cognitive enhancers that spark innovation? Activators for one’s private muse or part of a political movement? In the 1950s and 1960s, researchers studied psychedelics in all these incarnations, often arriving at contradictory results. In American Trip:...