New Books in Law

A New Approach to Political Speech: Democratic Theory, Constitutional Law, and Public Liberty After January 6 (de Gruyter, 2026) challenges conventional understandings of political speech and its relationship to democracy. Through a focused case study of Donald Trump's role in attempting to overturn the 2020 election and the prosecutions stemming from it, Erik Olsen develops a critique of the prevailing view that political speech is a private right that is only instrumentally related to political action. He advocates instead for a theoretical framework that treats political speech as a form of communicative action and balances the protection of free expression with the nee...

Today I'm speaking with Mordecai Kurz, Joan Kenney Professor of Economics Emeritus at Stanford University. We are discussing his latest book, Private Power and Democracy's Decline: How to Make Capitalism Support Democracy (MIT Press, 2026). After its high-water mark several decades ago, democracy's status continues to slide globally. Capitalism and democracy, which once seemed to complement each other, now appear at odds. Free-market policies and monopolistic technologies have enriched many while driving inequalities that harm workers. Many have opined on how to fix the political and economic problems of our day, from an embrace of radical libertarian policy to socialist owne...

The history of Jews in the United States is often told as if they immigrated, gained citizenship, and almost immediately achieved full legal rights. Yet this story fundamentally misses how citizenship rights worked for Jews and countless others who arrived on American shores. In Who Is American? Belonging and the Question of Jewish Citizenship, Lila Corwin Berman draws on case law, statutes, and debates to argue that both the laws of American citizenship and Jews’ position in them changed repeatedly across the twentieth century. Courts, policymakers, and the public persistently asked what it meant to be Jewish under the law...

A revealing look at the decline in formal employment in favor of hiring contractors, freelancers, temps, and marginal workers, who are excluded from traditional benefits and career ladders.

Companies cannot exist without workers, but they are increasingly reluctant to have employees. Instead of providing the benefits and protections that have traditionally come with employee status, businesses are turning to tactics that let them treat people as interchangeable parts, to be used and discarded as needed. Drawing on an original survey of over 6,000 workers, Disposable Workers: The Transformation of Employment (Harvard University Press, 2026) reveals the striking extent of this...

Conscripting Breadwinner Soldiers in the Late Ottoman Empire: Family, Law and War (Edinburgh UP, 2026) by Dr. Kate Dannies examines the gender and family dimensions of mobilisation for the First World War in the Ottoman Empire, situating the war in a long-nineteenth-century social history of Ottoman military reform for the first time. It focuses on the military legal concept of muinsizlik (sole breadwinning) and how this concept shaped Ottoman military policy – namely, how militarisation and mobilisation were supported by the exploitation of women’s care and social reproductive labour, as well as the extraction of material and physical resources from Ottom...

The First Emancipation: The Forgotten History of Abolition in Revolutionary France (Princeton UP, 2026) is a dramatic account of how slavery and race profoundly influenced the course of the French Revolution and had a central impact on the lives of key leaders, including Mirabeau, Robespierre, Toussaint Louverture, and Napoleon. Acclaimed historian Jeremy D. Popkin brings this often-forgotten story to life, highlighting the arguments put forward by French abolitionists and their opponents and the profound repercussions of the first abolition of slavery in a Western empire.
When the French revolutionaries passed the Declaration of the Rights of Man and Citizen in 1...

The United States has traditionally been a great promoter of international justice – forging the Nuremberg and Tokyo tribunals after World War II and leading the way in creating tribunals to address genocides in Yugoslavia and Rwanda after the Cold War. Yet the US views the International Criminal Court – the culmination of the tribunal-building process – as a dire threat.

The US voted against its establishment, passed legislation threatening to invade The Hague, and tried to destroy the ICC with economic sanctions. Delving into the uneasy relationship between the world's superpower and one of its most prominent international institutions,

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Now more than ever, the international community plays a central role in pressing governments to hold themselves to account. Despite pressure to adhere to global human rights norms, governments continue to benefit from impunity for their past crimes. In an age of accountability, how do states continue to escape justice?

Escaping Justice: Impunity for State Crimes in the Age of Accountability (Cambridge UP, 2025)presents a theory of strategic adaptation that explains the conditions under which governments adopt transitional justice without a genuine commitment to holding state forces to account. Cyanne E. Loyle develops this theory through in-depth f...

In Chilling Effects: Repression, Conformity, and Power in the Digital Age (Cambridge UP, 2025), Jonathon W. Penney explores the increasing weaponization of surveillance, censorship, and new technology to repress and control us. With corporations, governments, and extremist actors using big data, cyber-mobs, AI, and other threats to limit our rights and freedoms, concerns about chilling effects – or how these activities deter us from exercising our rights – have become urgent. Penney draws on law, privacy, and social science to present a new conformity theory that highlights the dangers of chilling effects and their potential to erode democracy and enable a more illibe...

Anna O. Law, the Herbert Kurz Chair in Constitutional Rights in the Department of Political Science at City University of New York-Brooklyn Campus, has a deeply researched and important new book that weaves together different approaches to understanding American citizenship, especially in context of immigration and migration in the first century of the U.S. republic. Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants (Oxford University Press, 2026) engages three different disciplines, including Political Science, History, and Legal Studies/Law, to unpack the many different approaches to citizenship in the new republic. Law noted as we sp...

A woman miscarries and is charged with murder. A new mother tests positive for a drug her hospital administers and loses custody of her newborn. Four women are convicted of horrific crimes against children they never touched, based on junk science and homophobia and spend nearly twenty years in prison before being exonerated. A queer teenager takes a photo of a child’s diaper rash at work and is sentenced to 126 years. These cases are not aberrations. They are symptoms of a system that punishes women and queer people not for what they have done, but for who they ar...

Commercial seafaring, both dangerous and with large amounts of capital at stake, was the source of the risk-management institutions that still undergird the global economy today. A key institution of early modern risk management was General Average, a procedure used to redistribute extraordinary costs arising from a maritime venture between all financially interested parties. For example, should one merchant’s cargo be jettisoned to lighten a ship in a storm, the loss would be shared pro rata by the shipper and all the cargo-owners. A risk-sharing practice, different from the risk-shifting of marine insurance which became established relatively late, Ge...

Marriage rates have fallen dramatically since the 1970s. Yet far from devaluing marriage, people still overwhelmingly describe marriage as the highest commitment they can imagine. Most Americans say they want to marry eventually, and couples who do marry have a lower chance of divorce than at any time since the 1970s. Increasingly, though, people tell pollsters they “have no idea” if they actually will end up married. And unlike in the past, young women are more uncertain than young men.

In For Better and Worse: The Complicated Past and Challenging Future of Marriage (Viking, 2026), Stephanie Coontz—author of the “rich, provo...

Commercial seafaring, both dangerous and with large amounts of capital at stake, was the source of the risk-management institutions that still undergird the global economy today. A key institution of early modern risk management was General Average, a procedure used to redistribute extraordinary costs arising from a maritime venture between all financially interested parties. For example, should one merchant’s cargo be jettisoned to lighten a ship in a storm, the loss would be shared pro rata by the shipper and all the cargo-owners. A risk-sharing practice, different from the risk-shifting of marine insurance which became established relatively late, Ge...

Los Angeles and smog have been synonymous for decades. From the 1940s through the 1980s, children breathed air so heavy with lead that their blood was poisoned with it. In 1970, officials declared smog alerts on 235 days. But the last smog alert happened in 2003, and lead has virtually disappeared from the air. This is the story of how Los Angeles cleaned up its air.

In Smog and Sunshine: The Surprising Story of How Los Angeles Cleaned Up Its Air (University of California Press, 2026), environmental law expert and LA native Ann Carlson recounts the dramatic policy fights and the de...

In Rwanda's Genocide Heritage: Between Justice and Sovereignty (Duke UP, 2025), Delia Duong Ba Wendel contends with the forms of justice and sovereignty enacted through sites of violent memory. Drawing from oral histories and a visual archive of memory work after the 1994 genocide in Rwanda, she explores the human rights and government priorities that preserved killing sites and victims' remains for public display. Rwanda's genocide memorials exemplify a global phenomenon that Wendel terms trauma heritage, wherein hidden or unrecognized violence is spatialized--made visible in public space--to demand justice and recognition. She argues that trauma heritage innovates on the form histories take...

The Criminal State: War, Atrocity, and the Dream of International Justice (Princeton University Press, 2026) offers a gripping account of how law has confronted the most radical forms of state violence. Beautifully written, broad in scope, and bracingly original, it weaves history with political thought to trace the shifting legal response to state aggression and atrocities, from Leopold’s rule over the Congo to Putin’s war in Ukraine.

At its heart is Lawrence Douglas’s fresh interpretation of the law’s reckoning with Nazi aggression and atrocity. He shows how the Nuremberg trials challenged centuries of thought—rooted in Ho...

As the First World War came to a chaotic end, Europeans feared that a wave of crime and anarchy would sweep across their continent. The upheavals of the war and of the subsequent violent breakup of the Habsburg, German, and Ottoman empires magnified longstanding fears that an increasingly interconnected world offered the enterprising and unscrupulous new opportunities to break the law and evade capture. New kinds of international criminals and criminal enterprises demanded novel forms of international cooperation. Thus was born the International Criminal Police Commission, known today as Interpol. In the 1920s and 1930s, Interpol's police officials and...

In Race, Class, and Affirmative Action: College Admissions in a New Era (Harvard Education Press, 2026), Julie J. Park offers deft analysis of the changes to college admissions and campus life since the US Supreme Court ruled to restrict race-conscious policies in two 2023 cases: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. the University of North Carolina, Chapel Hill. Park offers clear explanations of the rulings, their historical context, and their implications for higher education policy. She highlights how the Supreme Court still allows campuses to consider the role of race in students' experiences and that numerous tools t...

Copyright, Contract, and Video Games: Terms of Play (Hart Publishing, 2026) uncovers how video game contracts act as monologues of power, moulding players to align with proprietary ideologies.

In the era of interactive technologies, the player emerges as a vital yet curiously overlooked figure. While copyright law governs the creation and distribution of these technologies, it sidesteps the player, leaving private contracts to define their role and obligations. Using video games as a case study, this book fills the gap left by copyright law, offering an innovative socio-legal methodology to interrogate and challenge harmful contractual norms.

By a...

In Stories of Struggle: The Clash over Civil Rights in South Carolina (U South Carolina Press, 2020), longtime journalist Claudia Smith Brinson details the lynchings, beatings, bombings, cross burnings, death threats, arson, and venomous hatred that black South Carolinians endured―as well as the astonishing courage, devotion, dignity, and compassion of those who risked their lives for equality.

Through extensive research and interviews with more than one hundred fifty civil rights activists, many of whom had never shared their stories with anyone, Brinson chronicles twenty pivotal years of petitioning, preaching, picketing, boycotting, marching, and holding sit-ins. Participants' use of n...

Since the late nineteenth century, the US federal government has enjoyed exclusive authority to decide whether someone has the ability to enter and stay in US territory. But freedom of movement was not guaranteed in the British colonies or early US. By contrast, voluntary migrants were met with strict laws and policies created by colonies and states, which denied free mobility and settlement in their territories to unwanted populations. 

Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants (Oxford University Press, 2026) by Dr. Anna O. Law presents a story of constitutional development that t...

Here in Episode 8 of Season 5, I interview Professor Sherif Girgis. A graduate of Princeton University, the University of Oxford, and Yale Law School, Girgis is a tenured professor of law at the Notre Dame Law School and a Spring 2026 visiting professor at Harvard Law School. A former law clerk to Justice Samuel Alito and member of the American Academy of the Arts and Letters, he is co-author of two books: What is Marriage? Man, Woman, A Defense (2012), and Debating Religious Liberty and Discrimination (2017).

Using some of his recent articles and speeches—such as “The Future of Originalism” (2026)—we discuss the cu...

Justin Randolph, assistant professor of history at Texas A&M University, joins Michael Stauch to discuss Mississippi Law: Policing and Reform in America’s Jim Crow Countryside (UNC Press, 2026), his new book on policing in Jim Crow Mississippi, told through the lens of that state’s highway patrol. Using oral history and a wide range of archival sources, Randolph narrates efforts by elites in Mississippi to modernize the police while maintaining social hierarchies, as well as efforts on the part of Black Mississippians to envision a world without police.

Highlights include:

The Tenement Museum preserves and interprets the personal stories of residents of two buildings on the Lower East Side of Manhattan. Ninety-seven Orchard Street opened in 1863 and housed a succession of European immigrants until the double blow of the Great Depression and the impact of the 1924 Johnson Reed Act forced the landlord to evict the tenants. Down the block, 103 Orchard, built in 1888, kept its doors open throughout the twentieth century, hosting Jewish and Italian immigrants in its early years, and Holocaust refugees, Puerto Rican migrants and Chinese immigrants in its later years. This program traces how immigration law impacted...

Recovering the Internet: How Big Tech Took Control-And How We Can Take It Back (Columbia Global Reports, 2026)is an indictment of how Big Tech cloaks ruthless commercial exploitation in the language of free speech. Olivier Sylvain, a leading legal scholar and former senior advisor at the Federal Trade Commission, exposes the incentives behind social media design, revealing how they trap users in cycles of addiction, misinformation, and harm—from fatal TikTok challenges to AI chatbot codependency.

With clarity and urgency, Sylvain dismantles the libertarian mythology that shaped internet law and calls for a new legal regime that prot...

A provocative new history of America's constitution and an urgent call to action for a nation confronted by challenges its founders could never have imagined

The American Revolution occurred at a time when Britain's constitutional order failed to adapt to the extraordinary growth of its colonies. The framers designed an American constitution to succeed where Britain's had faltered, planning for continuous population and territorial expansion that would eventually cross the continent. Yet by the end of the nineteenth century, it was already ill-suited for an increasingly urban, industrialized society, and the transformations of the twentieth century have...

Today we think of land as the paradigmatic example of property, while in the past, the paradigmatic example was often a slave. In this seminal work, James Q. Whitman asserts that there is no natural form of ownership. Whitman dives deep into the long Western history of this transformation in the legal imagination – the transformation from the ownership of humans and other living creatures to the ownership of land. This change extended over many centuries, coming to fruition only on the threshold of the modern era. It brought with it profound changes, not only in the way we understand owne...

In this episode Claudia Radiven and Amina Easat-Daas were joined by Alba Kapoor. Kapoor is the racial justice lead at Amnesty International UK and previously led the policy team at the Runnymede Trust. Alba Kapoor shared the cutting edge work that Amnesty International UK is leading around racial justice, the surveilling of black and brown communities in the UK through existing policy infrastructure such as Prevent, or new and emergent facial recognition technologies. She also discussed forthcoming research from Amnesty examining the silencing of pro-Palestine narratives in academic contexts and the broader questions that this raises around freedoms and...

2026 marks the 20th year of publishing Genocide Studies International. The journal's first issue was a special issue on genocide in Darfur. Twenty years later, newspapers and podcasts are talking again about mass violence in Sudan.

So I thought it would be a good time to host a discussion among current and former editors of the journal about the state of genocide studies and about how academic journals can contribute to its goals. We talked about the nature of the field of genocide studies, about what it means to be a scholar in a field where activism is c...

In Treaty Ground: Diplomacy and the Politics of Sovereignty, from Roanoke to the Republic (U Nebraska Press, 2026), Professor Charles W. A. Prior offers a new account of the sovereign claims of Native Americans, the Crown, and colonies in early America, arguing that Native American diplomacy shaped how sovereignty was negotiated and contested among all three, from Virginia’s founding to the ratification of the U.S. Constitution. Previous scholars have focused on the contested relationship between the British imperial state and the colonies it established along the Atlantic Coast without addressing how sovereign Native nations shaped the colonial process thro...

Former Brazilian president Bolsonaro was found to have attempted a coup after losing the 2022 presidential elections, and he was convicted to 27 years in prison. Such a conviction is unusual both for Brazil and in global comparison and speaks to the difficult but crucial role the judiciary can play when an elected leader tries to concentrate power and exceed constitutional constraints. In this second PPP episode about Brazil (you can listen to the first one, on the role of the military, here), host Licia Cianetti talks to Luciano Da Ros and Manoel Gehrke about the role the courts played in B...

Electric Life: Utility Regulation and the Fight for Energy Democracy (MIT Press, 2026) by Dr. Nikki Luke traces the intertwined history of Atlanta’s racialized uneven development and growing electricity use to show how electricity infrastructure shapes everyday life. Nikki Luke looks at how quotidian relationships with the electric utility catalyze intersectional organizing for energy democracy. She also investigates the legal and material construction of the investor-owned utility as a regulated monopoly and the state public service commission that regulates it.
Contemporary organizing for energy democracy questions how the utility and the systems that govern it need to change to...

Climate Change Litigation in Japan: Cases, Challenges, and Opportunities for Environmental Law (Brill, 2026) provides the details of Japanese climate litigation, positioning them both within the global trends of climate litigation and on the trajectory of Japanese past pollution lawsuits. It identifies the barriers that hinders the number of climate cases in Japan, a country known with a significant low litigation use. It then discusses the future prospects for climate change litigation in Japan by comparing with tobacco litigation in the United States. This original work makes a significant contribution to the international academic community, by describing Japan's climate cases, p...

In the middle decades of the nineteenth century, imperial powers around the world came into direct confrontation with local resistance in the form of maritime raiding. From the Atlantic basin to the western Mediterranean Sea, the Persian Gulf and the east coast of Africa, and Southeast Asia and China, imperial powers claimed that progress was being held back by the barbarity and greed of pirates, who repeatedly attacked imperial vessels. The suppression of piracy, justified under the banner of spreading civilization and free trade and abolishing slavery and the slave trade, provided both western and non-western powers with a...

Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process (Palgrave Macmillan, 2025) examines the 1930 Supreme Court nomination of John J. Parker, a turning point in American judicial politics. Alarmed by some of his past statements and opinions, labor and civil rights groups mounted a fierce campaign to block his confirmation. Not only was control of the Supreme Court hanging in the balance, but Parker's nomination symbolized a profound clash of ideologies, political agendas, economic doctrines, and interpretations of the Constitution. Their efforts sparked a dramatic Senate revolt, marking the first successful gras...

Over the last twenty-five years, the concept of per-sonhood has become central to many contentious debates. Corporations have won free speech protections, as if they were individuals. The right to life or freedom has been claimed on behalf of fetuses, trees, and elephants. The fund of human rights is spilling over into the nonhuman.
Lisa Siraganian’s The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots (Verso, 2026) reveals the unsettling consequences of granting rights to imagined persons, such as Sophia the robot citizen or New Zealand’s Whanganui River. Synthesizing the political and phil­osophical debates on pers...

In the quest for human rights justice for communities and workers whose rights are breached by transnational businesses, non-judicial mechanisms (NJMs) are often deployed, but how effective are they? Global Business and Local Struggle: Reimagining Non-Judicial Remedy for Human Rights (Cambridge UP, 2025) creates a blueprint for reforming transnational human rights NJMs and for helping communities and workers to use them. Through 587 interviews with 1100 individuals over five years of research in Indonesia and India, the authors delve into the practical workings of NJMs in diverse industries and contexts. The findings reveal that while NJMs are limited in providing standalone remedies, the...

In this episode of High Theory, Saronik talks to Senthorun Raj about the Emotions of LGBT Rights. Emotions from disgust and fear to love and joy shape the legal frameworks that attempt to govern human sexual behavior around the world. Sen cautions against dividing emotions into good and bad, but instead asks us to take a critical stance on all emotions, to understand how they shape our policies.

In the episode, we talk about Sara Ahmed, the Stonewall Riots, conversion therapy, and efforts to mandate for and against inclusive sex education. The transcript lives here as a W...

The book, Women Will Vote: Winning Suffrage in New York State (Cornell UP, 2017) is Susan Goodier and Karen Pastorello’s efforts to account for the origins and strategies of the women's suffrage movement in the New York State. The book dwelled on evolution of the women’s suffrage movement in the progressive era and discusses the various suffragist strategies employed in quest for women’s right to franchise from early legislative petitions to more innovative marketing approaches. It explains how the women’s suffrage movement evolved over time, using various tactics like petitions, parades, and door-to-door canvassing. The book highlights the...