New Books in Law

Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former...

Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former...

Jessica Lowe is the author of Murder in the Shenandoah: Making Law Sovereign in Revolutionary Virginia published by Cambridge University Press in 2019. Murder in the Shenandoah follows the criminal case against John Crane, a member of a prominent Virginian family, for the murder of a harvest worker employed by a neighbor. Lowe’s book looks at the pressing debates of the time over what equality bef...

Sam Erman is the author of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire, published by Cambridge University Press in 2018. Almost Citizens recounts the story of how Puerto Rico came to be part of the United States empire at the turn of the 20th Century. More specifically, Erman looks at how Puerto Ricans, U.S. legislators, presidents, judges, and a bevy of other people debated ho...

Anne Twitty is the author of Before Dred Scott: Slavery and Legal Culture in the American Confluence, 1787-1857, published by Cambridge University Press in 2016. Before Dred Scott looks at numerous freedom suits filed in the St. Louis circuit court in order to examine the legal history of slavery and freedom. In this area, known as the American Confluence, a unique legal culture developed characte...

Kimberly Welch is the author of Black Litigants in the Antebellum American South (University of North Carolina Press, 2018). Welch is Assistant Professor of History and Assistant Professor of Law at Vanderbilt University. Her book explores the history of free and enslaved black Americans use of local courts in the Cotton South. Largely focused on unpublished and unexplored lower court records from...

Bourbon whiskey has been around since nearly the beginning of the United States. Given that longevity, it has been part of the corporate law of the United States since the beginning of the corporate law of the United States. My guest today Brian Haara traces that interconnection in his new book Bourbon Justice: How Whiskey Law Shaped America (Potomac Book, 2018). “Bourbon,” Haara writes, “is respo...

In The Politics of Annihilation: A Genealogy of Genocide (University of Minnesota Press, 2019),Benjamin Meiches takes a novel approach to the study of genocide by analyzing the ways in which ideas, concepts, and understandings about what genocide is and how it is to be prevented have become entrenched politically and intellectually. At the center of this analysis is what Meiches refers to througho...

Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein's book Sexual Injustice (University of North Carolina Press, 2013) examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in whi...

Robert Louis Wilken, the William R. Kenan Professor Emeritus of the History of Christianity at the University of Virginia, has written an intellectual history of the ideas surrounding freedom of religion.  Liberty in the Things of God: The Christian Origins of Religious Freedom (Yale University Press, 2019) offers a revisionist history of how the ideas of freedom of conscience and freedom of relig...

In his book, The Second Creation: Fixing the American Constitution in the Founding Era (Harvard University Press, 2018), Jonathan Gienapp revisits the Founding Era to retell the story of America’s favorite document. Looking at the Constitution’s creation, Gienapp makes a compelling case for why we should reconceptualize just what this document meant to early Americans. By examining the debates whi...

Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the int...

Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention.  In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell unde...

In her debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational...

Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States.  She portrays the witness in non-traditional genocide court trials as the moral compass.  In fact, many of these “moral witnesses” were not utilized for their testimony to identify p...

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail t...

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actuall...

Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (Un...

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biologi...

The Vory: Russia’s Super Mafia (Yale University Press, 2018) by Mark Galeotti is an engrossing read about a topic mainstream scholarship has largely ignored: Russia’s criminal underworld. With Galeotti as our guide, we delve into the colorful world of the vory v zakone or “thieves of the code,” with their flamboyant nicknames, esoteric rituals, and vibrant body tattoos, which Galeotti explains are...

In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledg...

Demetra Kasimis’s new book, The Perpetual Immigrant and the Limits of Athenian Democracy (Cambridge University Press, 2018) interrogates the role and unstable place of the metics (metoikoi) in Athenian society.  The book focuses on three different presentations and discussions of the metics, in Euripides’ Ion, in Plato’s Republic, and in Demosthenes’ Against Euboulides. The metic, as Kasimis explo...

We’re all familiar with the ways in which speech can cause harm. For example, speech can incite wrongful acts. And I suppose we’re also familiar with contexts in which a person who occupies a position of authority can harm others simply by speaking – as when a boss announced and thereby institutes a discriminatory office policy. In such cases, the announcement is itself a harm in addition to the h...

Practical Terrorism Prevention: Reexamining U.S. National Approaches to Addressing the Threat of Ideologically Motivated Violence (RAND Corporation, 2019), examines past countering-violent-extremism (CVE) efforts, evaluates Department of Homeland Security (DHS) and interagency efforts to respond to ideological radicalization to violence, and recommends strengthening programs focused on non-law enf...

Outsiders: Why Difference is the Future of Civil Rights(Oxford University Press, 2019) by Zachary Kramer (Oxford University Press, 2019) sets forth an imaginative critique of the way that civil rights law currently fulfills its mission. Using stories that lucidly illustrate the gap between the aspiration of civil rights law and the lived reality, Professor Kramer proposes a new approach. Drawing o...