New Books in Law

Cars are among our most ubiquitous technologies; one could say that the cultural lore of the postwar United States is written in tire marks. But as much as they have been a vehicle for liberation and expression, historian Lee Vinsel argues that automobiles have been shaped by government regulation through and through. In Moving Violations: Automobiles, Experts, and Regulations in the United States...

The ubiquity of technology that collects massive volumes of all kinds of data lends itself to one overarching question: “What?” As in what is the purpose(s) of this collection? What are the benefits? And, what are the impacts? In his new book, Too Smart: How Digital Capitalism is Extracting Data, Controlling Our Lives, and Taking Over the World (MIT Press, 2020), Jathan Sadowski explores this ques...

Have you ever thought about how much energy goes into avoiding sexual violence? The work that goes into feeling safe goes largely unnoticed by the women doing it and by the wider world, and yet women and girls are the first to be blamed the inevitable times when it fails. We need to change the story on rape prevention and ‘well-meaning’ safety advice, because this makes it harder for women and gir...

What happens when a court tries to become a “new” court? What happens to the many artifacts of its history—previous laws and jurisprudence, the building that it inhabits, the people who weave in and out of it? This is the question that grounds Alex Jeffrey’s new book, The Edge of Law: Legal Geographies of a War Crimes Court (Cambridge University Press, 2020), which explores the making of the Court...

Slavery and the University: Histories and Legacies (University of Georgia Press, 2019), edited by Leslie M. Harris, James T. Campbell, and Alfred L. Brophy, is the first edited collection of scholarly essays devoted solely to the histories and legacies of this subject on North American campuses and in their Atlantic contexts. Gathering together contributions from scholars, activists, and administr...

"Man is born free, and everywhere he is in chains." The opening sentence of 18th century philosopher Jean-Jacques Roussau's The Social Contract poses a central question for all of us. Why do we live under conditions of inequality, violence, dependency and general unhappiness (just look on twitter!) if society is made by us and for us? Why does it seem that modern human beings are not liberated but...

We live in an interconnected world. People, goods, and services leap across borders like never before. Terrorist organizations, like al-Qaida, and digital platforms, like Facebook, have gone global. But, if problems straddle different national jurisdictions, how do regulation and enforcement even happen? Of Privacy and Power: The Transatlantic Struggle over Freedom and Security (Princeton Universi...

The myth of Jews killing Christian children emerged in 1144 CE, with the death of a boy named William in Norwich, England. Over the course of several centuries, this myth gained traction and became firmly rooted throughout medieval and early modern Europe. In Blood Libel: On the Trail of an Antisemitic Myth (Harvard University Press, 2020), Magda Teter traces the history of this myth and analyzes...

Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed...

Obedience is integral to the military, to society, and to communities. To bring individuals together to work cohesively and successfully towards a common goal, be it seizing an objective on the battlefield, creating an enduring political or social project, or simply running a local soup kitchen, obedience must be present. But how many of us, whether soldiers or civilians, ever stop to consider jus...

In her latest book, In Search of Criminal Responsibility: Ideas, Interests, and Institutions (Oxford University Press, 2016), Nicola Lacey brings together philosophical, historical and socio-legal methods to give an account of the ever changing notion of responsibility in criminal law. She distinguishes between ideas of responsibility, which she argues are founded in notions of character, psycholo...

In the late nineteenth century, Italians and Eastern European Jews joined millions of migrants around the globe who left their countries to take advantage of the demand for unskilled labor in rapidly industrializing nations, including the United States. Many Americans of northern and western European ancestry regarded these newcomers as biologically and culturally inferior--unassimilable--and by 1...

In early 2019, freshman representative Alexandria Ocasio Cortez and Senator Ed Markey proposed a bold new piece of legislation, now very well known as the Green New Deal. Intended as a means of combating climate change, it stunned a number of people due to its enormous ambition, including massive overhauls of our energy systems, as well as providing housing and healthcare for everyone. Naturally a...

Katherine Franke’s ambitious new book challenges Americans to face our collective responsibility for ongoing racial inequality. Rather than fall back on what Franke calls a “palliative history” that emphasizes granting freedom and rights after the Civil War, Franke insists that Americans acknowledge the failure to provide any meaningful reparation to formerly enslaved people in the 1860s. That fai...

Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil (Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive a...

Most Americans have a limited understanding of the history of segregation in the United States. While many are taught that segregation was as an institution of social control that dominated Southern society, economics, and politics from the late nineteenth century to the middle of the twentieth century, a much smaller proportion realize that Jim Crow policies and practices existed in cities throug...

Defence lawyers in adversarial legal systems are obligated to remain loyal to their clients, irrespective of the client or the crime. In such cases, lawyers are expected to manage inappropriate emotions to ensure conformity to the emotional regime of law, thereby making the job emotionally demanding. Lisa Flower from Lund University, Sweden, in her study titled “Emotional Defence Lawyers”, publish...

The right to decision making is important for all people. It allows us to choose how to we our lives – both on a daily basis, and also in terms of how we wish to express ourselves, to live in accordance with our values and desires. However, the right to make decisions has been, and continues to be, routinely denied to people with disabilities – sometimes by family members and carers, or by institu...

The fear of campus sexual assault has become an inextricable part of the college experience. Research has shown that by the time they graduate, as many as one in three women and almost one in six men will have been sexually assaulted. But why is sexual assault such a common feature of college life? And what can be done to prevent it? Drawing on the Sexual Health Initiative to Foster Transformation...

After the Second World War, an Australian diplomat was one of eight people to draft the U.N. Declaration of Human Rights. And in the years that followed, Australians of many different stripes—including activists fighting for Aboriginal rights and women’s rights, communists, and even anticommunists—invoked human rights in their respective political struggles. Yet, despite these Australians’ embrace...

"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity." – Stuart Hampshire, Justice is Conflict. There are many more examples of professional solidarity, however fragment...

Paradox is a sophisticated kind of magic trick. A magician's purpose is to create the appearance of impossibility, to pull a rabbit from an empty hat. Yet paradox doesn't require tangibles, like rabbits or hats. Paradox works in the abstract, with words and concepts and symbols, to create the illusion of contradiction. There are no contradictions in reality, but there can appear to be. In Sleight...

We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts’ new book Censored: Distraction and Diversion Inside China’s Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet. She identifies 3 types of censorship: fear (threatening punishment to deter the...

In his new book On Trial for Reason: Science, Religion, and Culture in the Galileo Affair (Oxford University Press, 2019), Maurice Finocchiaro shows that there were (and are) really two Galileo “affairs.” Galileo’s original trial and condemnation forms the first affair, the cultural history of controversies about the meaning of the original trial, forms the second. With scrupulous attention to evi...

In his new book Muslim American Politics and the Future of US Democracy (New York University Press, 2019), Edward E. Curtis IV interrogates the limitations of American liberalism in light of the states’ and its various actor’s exclusionary politics and rhetoric around Muslim American citizens. Curtis argues that the place of Muslim Americans in the narrative and praxis of American law, politics, r...