New Books in Law

Interviewing one member of Congress is a feat for most researchers. Interviewing nearly 100 and almost every women member of Congress is remarkable. Even more remarkable is what we can learn from that data collection about the perceptions of women members of Congress, especially about the way they perceive recent partisan polarization and the changing role of gender, race, and ethnicity. Such is t...

Dan Ponder’s new book, Presidential Leverage: Presidents, Approval, and the American State (Stanford University Press, 2018), is an important and thoughtful exploration of the concept of presidential leverage, specifically how much capacity the president has to accomplish goals, particularly in terms of asserting power to produce outcomes from Congress. Ponder examines leverage in context, which m...

According to a long tradition in political philosophy, there are certain conditions under which citizens may rightly disobey a law enacted by a legitimate political authority.  That is, it is common for political philosophers to recognize the permissibility of civil disobedience, even under broadly just political conditions.  There are, of course, longstanding debates over how to distinguish civil...

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (New York University Press, 2018), edited by Brian P. Owensby and Richard J. Ross, examines the conflict and interplay between settler and indigenous laws in the New World. As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against on...

What voices have been silenced in the history of the Holocaust? How did victims and perpetrators make sense of their experiences? How did the failed pursuit of post-war justice shape public memory? In her new book Reckonings: Legacies of Nazi Persecution and the Quest for Justice (Oxford University Press, 2018), Mary Fulbrook uses diaries, memoirs, and trials to recover the full spectrum of suffer...

The title of Svetlana Stephenson’s book Gangs of Russia: From the Streets to the Corridors of Power (Cornell UP, 2015) invites a number of questions: How do criminal and legal spheres conflate? Is the cooperation of criminal organizations and legal institutions inherent to a society structure? In what way do gangs shape society, and vice versa? And what model of the societal structure does the Rus...

In her new book, Remote Freedoms: Politics, Personhood and Human Rights in Aboriginal Central Australia (Stanford University Press, 2018), Sarah E. Holcombe, a Senior Research Fellow at the University of Queensland and a Visiting Fellow at the Australian National University, explores how universal human rights, codified 70 years ago in the Universal Declaration of Human Rights, get translated, pra...

Author, journalist and sometime park ranger Ken Ilgunas has written an argument in favor a “right to roam.”  This concept, unfamiliar to most Americans, is one of an ability to traverse public and private property for purposes of enjoying nature.  In This Land is Our Land: How We Lost the Right to Roam and How to Take It Back (Plume, 2018), Ilgunas compares U.S. property laws with the traditions a...

Jonathan W. White, an associate professor of American Studies at Christopher Newport University, is the author of Lincoln on Law, Leadership, and Life (Cumberland House, 2015). In this work White reveals the moral character of Abraham Lincoln through his law practice.  Lincoln was a lawyer on the American frontier in Illinois, representing clients ranging from individuals in divorces and railroads...

Recent years have seen new waves of research in Syriac studies, the medieval Middle East, and family history. Combining all three, Lev Weitz’s Between Christ and Caliph: Law, Marriage, and Christian Community in Early Islam (University of Pennsylvania Press, 2018), revisits the early years of Islamic civilization by looking at an oft-neglected population in the secondary literature, Syriac Christi...

Samuel Moyn’s The Last Utopia traced the evolution of the human rights revolution and argued that human rights as an ideology took the place of socialism and other utopian ideologies that failed. In his new book, Not Enough: Human Rights in an Unequal World (Harvard University Press, 2018), Moyn examines human rights from a different perspective, namely its inability to challenge the rise of inequ...

Sarah E. Igo is an associate professor of history at Vanderbilt University and the author of The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018). Igo provides a legal and social history of the idea of privacy and how it was first evoked, challenged, written into law and reinterpreted by ordinary citizens in the age of mass marketing and social media. Once the...

From petty runs to organized trafficking, the illicit activity of smuggling on the China coast was inherently dramatic, but now historian Philip Thai has also identified China’s history of smuggling as a significant narrative about the expansion of state power. China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842-1965 (Columbia University Press, 2018) spans multip...

Inspired by the usage of the term ‘enclosure’ to describe the Separation Wall in Israel-Palestine on a visit he made to the West Bank, Gary Fields in Enclosure: Palestinian Landscapes in a Historical Mirror (University of California Press, 2017) draws upon the past to speak to the Palestinian present and explain Palestinian dispossession. We talk through why Fields thinks it is necessary to use a...

Is there a case for the impeachment of Donald Trump? Constitutional attorney Ron Fein says not only is there a case, but also that the case exists regardless of what happens with the special counsel investigation. The Constitution Demands It: The Case for the Impeachment of Donald Trump (Melville House, 2018), co-authored by Fein and two of his legal colleagues at Free Speech for People, articulat...

Thomas Mulligan’s new book, Justice and the Meritocratic State (Routledge Press, 2018), posits a theory of justice that is based on the allocation of valuable goods (jobs and appropriate income) according to merit. This is an abstract concept that Mulligan details according to economic, philosophical, and political understandings. He weaves together the political and economic dimensions of meritoc...

How did prisons become a tool of racial inequality? Using historical data, Heather Schoenfeld’s new book Building the Prison State: Race and the Politics of Mass Incarceration (University of Chicago Press, 2018)  “answers how the United States became a nation of prisons and prisoners” (p. 5). Schoenfeld exposes the reader to the historical development of prisons and policy development. She focuses...

In his Property and Dispossession: Natives, Empires and Land in Early Modern North America (Cambridge University Press, 2018), Allan Greer, Canada Research Chair in Colonial North America at McGill University in Montréal, examines the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexic...

In 1907 the U.S. Congress created a joint commission to investigate what many Americans saw as a national crisis: an unprecedented number of immigrants flowing into the United States. Experts—women and men trained in the new field of social science—fanned out across the country to collect data on these fresh arrivals. The trove of information they amassed shaped how Americans thought about immigra...

To write a book on such a multifarious and vast, if not ubiquitous, concept as privacy is a tall task for the historian. Sarah Igo, associate professor of history at Vanderbilt University, took this on and succeeded masterfully. Her book, The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018), is filled with sophisticated arguments and compelling stories. It exp...

William Kuby is an Assistant Professor of History at the University of Tennessee-Chattanooga. His book, Conjugal Misconduct: Defying Marriage Law in the Twentieth-Century United States (Cambridge University Press, 2018), examines the complicated legal and cultural history of heterosexual marriage. Long before the controversy over same-sex marriage, Americans found multiple ways to object to certai...

Stephen C. Yeazell‘s Lawsuits in a Market Economy: The Evolution of Civil Litigation (University of Chicago Press, 2018) is an in-depth look at the development and current situation of civil litigation. It beings with the question of why civil lawsuits have become such a political question and uses that to explore our world of settlements, arbitration, trials and insurance adjusting. It gives an e...

If you look at the history of punishment (at least in the West), what you’ll see is that we’ve gone from a penal regime that used (inter alia) physical violence—whipping, beating, branding, amputation, and killing—to one that uses confinement. It is a mark of our “civility” that we no longer “hurt” people to get them to do what we want; instead, we put them in jails and prisons. We sentence them t...

The contemporary moment has brought to the forefront the question of what constitutes an American citizen. The legal question in popular understanding stems from the Fourteenth Amendment and its use of birthright citizenship as a central identifier of what makes a citizen. In Dr. Martha S. Jones’ newest book, Birthright Citizens: A History of Race and Rights in Antebellum America (Cambridge Univer...

Personal health information often seems locked-down: protected by patient privacy laws, encased in electronic record systems (EHRs) and difficult to share or transport by and between physicians and hospitals. But as Adam Tanner argues in his latest book, Our Bodies, Our Data: How Companies Make Billions Selling Our Medical Records (Beacon Press, 2017), our medical information is anything but stati...