New Books In Law

Authorship represents a new area of policy-related work within higher education research administration, funding agencies, and scholarly journal publishing. Developing Authorship and Copyright Ownership Policies: Best Practices (Rowman & Littlefield, 2024) by Allyson Mower offers the unique aspect of combining details on copyright ownership as well as authorship into a single volume on best practices for administrators, journal publishers, research managers, and policy drafters within and outside of higher education. Discover more about the definition of 'author'--from data gatherer to writer--to inform policy development while understanding the interconnected relationships between authorship, copyright ownership, and scholarly communication. This book will also demonstrate how to develop inclusive and equitable authorship policies that reflect the range of diversity within the research endeavor and scholarly publishing. Allyson Mower, MA, MLIS has served as the scholarly communication and copyright librarian

Max Ward’s Thought Crime: Ideology and State Power in Interwar Japan (Duke University Press, 2019) analyzes the trajectory and transformations of the implementation of Japan’s 1925 Peace Preservation Law from its conception until the early years of the 1940s. The law, which began as a state effort to tamp down radicalism and “dangerous thought” (mostly Marxism) and preserve and protect imperial sovereignty, spawned a massive apparatus populated by both state and nonstate actors dedicated to ideologically converting and rehabilitating thought criminals. In addition to being a case study of the nature and ideology of punishment and repentance for thought crimes in late Imperial Japan—and the way in which the emperor functioned as a “ghost in the machine” animating the pursuit of political repression—Ward’s book also provides insight into the policing of ideological threats and its relationship to national identity politics. Thought Crime follows the evolution and transformation of the Peace Preservation Law and

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 religion originated in the writings of the Christian fathers of the early Church, such as Tertullian and Lactantius, during the period when Christians were a persecuted sect of the Roman Empire. Wilken argues that it was not the political theorists of the Enlightenment who invented religious freedom in response to the wars of the Reformation, but rather the participants of the Reformation itself, including both Protestant and Catholic thinkers, who recovered ideas from the Roman-era Church fathers and used them to develop arguments about religious liberty for both individuals and faith communities. Wilken demonstrates that

In the 1950s, an obsessive firearms designer named Eugene Stoner invented the AR-15 rifle in a California garage. High-minded and patriotic, Stoner sought to devise a lightweight, easy-to-use weapon that could replace the M1s touted by soldiers in World War II. What he did create was a lethal handheld icon of the American century. In American Gun: The True Story of the AR-15 (FSG, 2023), the veteran Wall Street Journal reporters Cameron McWhirter and Zusha Elinson track the AR-15 from inception to ubiquity. How did the same gun represent the essence of freedom to millions of Americans and the essence of evil to millions more? To answer this question, McWhirter and Elinson follow Stoner--the American Kalashnikov--as he struggled mightily to win support for his invention, which under the name M16 would become standard equipment in Vietnam. Shunned by gun owners at first, the rifle's popularity would take off thanks to a renegade band of small-time gun makers. And in the 2000s, it would become the weapon of choi

Paris, 1599. At the end of the French Wars of Religion, the widow Renée Chevalier instigated the prosecution of the military captain Mathurin Delacanche, who had committed multiple acts of rape, homicide, and theft against the villagers who lived around her château near the cathedral city of Sens. But how could Chevalier win her case when King Henri IV's Edict of Nantes ordered that the recent troubles should be forgotten as 'things that had never been'?  A Widow's Vengeance After the Wars of Religion: Gender and Justice in Renaissance France (Oxford UP, 2024) is an original and wide-ranging account of the impact of the religious wars on daily life. Based on neglected archival sources and an exceptional criminal trial, it recovers the experiences of women, peasants, and foot soldiers, who are marginalized in most historical accounts. Tom Hamilton shows how this trial contributed to a wider struggle for justice and an end to violence in postwar France. People throughout the society of the Old Regime did not co

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 acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treat

Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at elect

Today I talked to Ryan Manucha about his new book Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade (McGill-Queen's UP, 2022). In 2012, after Gerard Comeau had driven to Quebec to purchase cheaper beer and crossed back into New Brunswick, police officers tailed and detained him, confiscated his haul, and levied a fine. With Comeau's story as his starting point, Ryan Manucha tells the fascinating tale of Canadian interprovincial trade. Interprovincial trade barriers and other frictions bring much-needed revenue into the coffers of provincial governments, which then can direct these funds toward various social services, but hinder the mobility of professionals, account for the different building codes imposed by Canadian provinces, and generally increase the price tag for Canadian consumers. In a candid interview, Ryan explains his interest in this topic, the backbone of his book's argument, and his efforts to make change workable. Learn more about your ad choices. Vi

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 actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Blac

The dawn of the Tudor regime is one of most recognisable periods of English history. Yet the focus on its monarchs' private lives and ministers' constitutional reforms creates the impression that this age's major developments were isolated to halls of power, far removed from the wider populace. Royal Justice and the Making of the Tudor Commonwealth, 1485–1547 (Cambridge University Press, 2023) by Dr. Laura Flannigan presents a more holistic vision of politics and society in late mediaeval and early modern England. Delving into the rich but little-studied archive of the royal Court of Requests, it reconstructs collaborations between sovereigns and subjects on the formulation of an important governmental ideal: justice. Examining the institutional and social dimensions of this point of contact, this study places ordinary people, their knowledge and demands at the heart of a judicial revolution unfolding within the governments of Henry VII and Henry VIII. Yet it also demonstrates that directing extraordinary roy

In this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019). The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class. “There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College. In the podcast, Theoharis shows ho

Soaring levels of political, legal, economic, and social inequality have been documented by social scientists – but the public conversation and scholarship on inequality has not examined the role of state law and state courts in establishing policies that significantly affect inequality. Political scientists James L. Gibson and Michael J. Nelson analyze their original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century to demonstrate how state high courts craft policy. The fifty state supreme courts shape American inequality in two ways: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as "upperdogs").  The book focuses on court-made public policy on issues including educational equity and adequacy, LGBTQ+ rights, and worker's rights. The conventional wisdom assumes that courts protect underdogs from majorities but Gibson and Nelson demonstrate that judges most often fa

Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. The Justice Laboratory: International Law in Africa (Brookings Institution, 2022) by Dr. Kristin Bree Carlson reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known inst

In Purgatory Citizenship: Reentry, Race, and Abolition (University of California Press, 2023), Calvin John Smiley explores the lives of people who were formerly incarcerated and the many daunting challenges they face. Those being released from prison must navigate the reentry process with diminished legal rights and amplified social stigmas, in a journey that is often confusing, complex, and precarious. Calvin John Smiley is an Associate Professor of Sociology at Hunter College, City University of New York. Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely. Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality a

American households have a debt problem. The problem is not, as often claimed, that Americans recklessly take on too much debt. The problem is that US debt policies have no basis in reality. Weaving together the histories and trends of US debt policy with her own family story, Chrystin Ondersma debunks the myths that have long governed debt policy, like the belief that debt leads to prosperity or the claim that bad debt is the result of bad choices, both of which nest in the overarching myth of a free market unhindered by government interference and accessible to all.  In Dignity Not Debt: An Abolitionist Approach to Economic Justice (U California Press, 2024), Ondersma offers a compelling, flexible, and reality-based taxonomy rooted in the internationally recognized principle of human dignity. Ondersma's new categories of debt--grounded in abolitionist principles--revolutionize how policymakers are able to think about debt, which will in turn revolutionize the American debt landscape itself. Stephen Pimpare

George Fisher, the Judge John Crown Professor of Law at Stanford Law School, just released his new book Beware Euphoria: The Moral Roots and Racial Myths of America’s Drug War, with Oxford University Press. George has been teaching and writing in the realms of evidence, prosecution practice, and criminal legal history since 1995. He began practice as a prosecutor in Massachusetts and later taught at the law schools of Boston College, Harvard, and Yale. Beware Euphoria is the most recent among a slew of other books, articles, and essays that he’s published over the years, and perhaps the most contrarian. In this interview, George discusses his research methods and how he came to the conclusion that the history of America’s drug war, while racially motivated, was not meant to target minorities, but protect the morals and health of America’s white youth. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book,

In Among the Braves Hope, Struggle, and Exile in the Battles for Hong Kong and the Future of Global Democracy (Hachette, 2023) Shibani Mahtani and Timothy McLaughlin tell the story of Hong Kong's demise from Two Systems to One Country through the eyes of some of its key actors in the 2019 Anti-Extradition protests. In their richly evocative narrative, Mahtani and McLaughlin draw on their on-the-ground reporting, and weave this through a historical account to foreground the fight of the frontline protestors, referred to in Cantonese as "The Braves", who felt they had no other choice but to resist Beijing's increasingly authoritarian governance.  In this interview, we discussed the way that the changing political landscape of Hong Kong is demonstrative of the fragility of democratic institutions. We spoke about attempts by Beijing to erase historical memory through the imposition of increasingly draconian laws. Mahtani and McLaughlin will provide listeners with insight as to why Hong Kong matters, and why the r

Most accounts of post-1950s political history tell the story of of the war on drugs as part of a racial system of social control of urban minority populations, an extension of the federal war on black street crime and the foundation for the "new Jim Crow" of mass incarceration as key characteristics of the U.S. in this period. But as the Nixon White House understood, and as the Carter and Reagan administrations also learned, there were not nearly enough urban heroin addicts in America to sustain a national war on drugs.  The Suburban Crisis: White America and the War on Drugs (Princeton University Press, 2023) argues that the long war on drugs has reflected both the bipartisan mandate for urban crime control and the balancing act required to resolve an impossible public policy: the criminalization of the social practices and consumer choices of tens of millions of white middle-class Americans constantly categorized as "otherwise law-abiding citizens."" That is, the white middle class was just as much a target

Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency: Undercover Investigations in the Twenty-First Century (Cambridge University Press, 2023), Dr. Alan K. Chen and Dr. Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and