New Books in Law

Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedoms (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom’s rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom’ that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history.Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Shipping Sculptures from Early Modern Italy: The Mechanics, Costs, Risks, and Rewards (Brepols, 2025) by Dr. Kelley Helmstutler Di Dio focuses on enormous amounts of sculptures moved from Italy to Spain from ca. 1500-1750. An analysis of an important body of unpublished archival documentation regarding the practical issues involved in making and transporting sculpture, provide the basis for this study of the development of technologies, infrastructure, and labor organization necessary to make such challenging transports of moving sculptures by land and sea possible. Artists, patrons, and agents had the eventual movement to a destination at the center of decision making when new sculptures were commissioned to send. Sending antiquities or second-hand works required even more planning and care. Divided into a series of case studies of major sculptures, Shipping Sculptures offers a new approach to the study of cross-cultural artistic exchange, state gifts, collecting and patronage, by examining the practical details of object movement over challenging geographies. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Democratic backsliding, culture wars and partisan politics in the past two decades has seen the regression of human rights protections in the courts and across societies. However, having made incremental gains in constitutional courts, LGBTQ+ rights operate as somewhat of a paradox. In this pivotal work, Professor Rehan Abeyratne makes an argument that the progress made in LGBTQ+ rights protection obscures an increased shift towards authoritarian legality in the courts and beyond. Case studies of three apex courts - the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - provide insight into the erosion of democracy and the rule of law across these jurisdictions. Courts and  LGBTQ+ Rights in an Age of Judicial Retrenchment (Oxford UP, 2025) is an important work and should serve as a warning sign to constitutional lawyers, human rights scholars and anybody interested in the values that underpin liberal democracy as to the the limited ability of constitutional courts to protect rights in the current climate.   Professor Rehan Abeyratne is is Professor and Associate Dean (Higher Degree Research) at Western Sydney University School of Law, where he teaches Government and Public Law, Legal Research and Methodology, and Comparative Law: Legal Systems of the World. He also coordinates the School of Law's Honours Program. Professor Abeyratne holds a PhD from Monash University, a JD from Harvard Law School, and a BA (Hons.) in Political Science from Brown University. He researches comparative constitutional law and has published several books and articles in world leading journals. Most of Prof. Abeyratne's research can be freely accessed on SSRN, Academia, and Google Scholar. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did India’s landmark Forest Rights Act come into being? And what difference has it made to the lives of historically marginalized forest-dwelling communities? These questions are at the heart of Anand Vaidya’s new monograph Future of the forest: Struggles over land and law in India that we discuss in this episode. Future of the forest offers a compelling account of the making, implementation, and partial unravelling of the Forest Rights Act, and traces the complex ways in which collective action and mobilization have shaped the use and impact of this potentially revolutionary legislation. Anand P. Vaidya is an Associate Professor of Anthropology at Reed College. Kenneth Bo Nielsen is an Associate Professor of Social Anthropology at the University of Oslo where he also heads the Centre for South Asian Democracy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Until recently, no one could access the detailed contents of your mind directly the way only you can. This level of protection of our mental data was guaranteed by the way we are built biologically – and it can no longer be taken for granted. In Cyborg Rights: Extending Cognition, Ethics, and the Law (Routledge, 2025) S. Orestis Palermos considers the ethical and legal implications of the extended mind thesis – the idea that information-processing technologies are not merely tools but literal parts of our minds. While this thesis remains controversial, there is little doubt that technological devices can push information that coheres in an integrated way with your thoughts – for example, when your phone presents photographs of last year’s holiday on today’s anniversary. Such mind extensions create new vulnerabilities to invasions of mental privacy, freedom of thought, and protection from personal assault. Palermos, who is assistant professor of philosophy at the University of Ioannina, articulates these new problems and explores what levels of protection we should adopt in the face of them, up to the point of making it technologically impossible to access or manipulate your extended mental contents.  S. Orestis Palermos is Assistant Professor of Philosophy at University of Ioannina, in Greece. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the decades leading up to the French Revolution, when Paris was celebrated as an oasis of liberty, slaves fled there, hoping to be freed. They pictured Paris as a refuge from France’s notorious slave-trading ports. The French were late to the slave trade, but they dominated the global market in enslaved people by the late 1780s. This explosive growth transformed Paris, the cultural capital of the Enlightenment, into a dangerous place for people in bondage. Those seeking freedom in Paris faced manhunts, arrest, and deportation. Some put their faith in lawyers, believing the city’s courts would free them. Examining the lives of those whose dashed hopes and creative persistence capture the spirit of the era, in Slaves in Paris: Hidden Lives and Fugitive Histories (Harvard University Press, 2025), Dr. Miranda Spieler brings to light a hidden story of slavery and the struggle for freedom. Fugitive slaves collided with spying networks, nosy neighbors, and overlapping judicial authorities. Their clandestine lives left a paper trail. In a feat of historical detective work, Dr. Spieler retraces their steps and brings to light the new racialized legal culture that permeated every aspect of everyday life. She pieces together vivid, granular portraits of men, women, and children who came from Africa, the Caribbean, and the Indian Ocean. We learn of their strategies and hiding places, their family histories and relationships to well-known Enlightenment figures. Slaves in Paris is a history of hunted people. It is also a tribute to their resilience. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

One of Abraham Lincoln's staunchest and most effective allies, Judge David Davis masterminded the floor fight that gave Lincoln the presidential nomination at the 1860 Republican National Convention. This history-changing event emerged from a long friendship between the two men. It also altered the course of Davis's career, as Lincoln named him to the U.S. Supreme Court in 1862. In David Davis, Abraham Lincoln's Favorite Judge (University of Illinois Press, 2025), Raymond J. McKoski offers a biography of Davis's public life, his impact on the presidency and judiciary, and his personal, professional, and political relationships with Lincoln. Davis lent his vast network of connections, organizational and leadership abilities, and personal persuasiveness to help Lincoln's political rise. When Davis became a judge, he honed an ability to hear each case with complete impartiality, a practice that endeared him to Lincoln but one day put him at odds with the president over important Civil War-era rulings. McKoski details these cases while providing an in-depth account of Davis's role in Lincoln's two unsuccessful campaigns for U.S. Senate and the fateful run for the presidency. Raymond J. McKoski is a retired Illinois Circuit Judge and adjunct professor at the University of Illinois Chicago School of Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As academia increasingly comes under attack in the United States, The War on Tenure (Cambridge UP, 2025) steps in to demystify what professors do and to explain the importance of tenure for their work. Deepa Das Acevedo takes readers on a backstage tour of tenure-stream academia to reveal hidden dynamics and obstacles. She challenges the common belief that tenure is only important for the protection of academic freedom. Instead, she argues that the security and autonomy provided by tenure are also essential to the performance of work that students, administrators, parents, politicians, and taxpayers value. Going further, Das Acevedo shows that tenure exists on a spectrum of comparable employment contracts, and she debunks the notion that tenure warps the incentives of professors. Ultimately, The War on Tenure demonstrates that the job security tenure provides is not nearly as unusual, undesirable, or unwarranted as critics claim. Deepa Das Acevedo, JD, PhD is an Associate Professor of Law at Emory University. Host: Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The War on Words: 10 Arguments Against Free Speech—And Why They Fail (Heresy Press, 2025) constitutes a bulwark against the persistent censorial efforts from both the political left and right. At a time when conformist pressures threaten viewpoint diversity, and when political attacks on free expression are mounting, this book is a valuable resource for all who seek to understand and defend the right that is central to both individual liberty and our democratic self-government. This concise volume is organized around 10 claims that proponents of speech restrictions regularly assert, such as: “words are violence,” “free speech is right-wing,” and “hate speech isn’t free speech.” In lively, clear, and persuasive prose, the authors examine the flaws in these pro-censorship assertions. The book also includes an insightful introduction by Jacob Mchangama, shedding additional light on the topic from historical and international perspectives. Greg Lukianoff is an attorney, New York Times best-selling author, and the President and CEO of the Foundation for Individual Rights and Expression (FIRE). Nadine Strossen is the John Marshall Harlan II Professor of Law Emerita at New York Law School and was the national President of the American Civil Liberties Union from 1991 to 2008. She is a Senior Fellow at FIRE and serves on the advisory boards of the ACLU, Academic Freedom Alliance, Heterodox Academy, and National Coalition Against Censorship. Caleb Zakarin is editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Rosemary Admiral provides a groundbreaking history of women’s legal engagement in Marinid Morocco between the thirteenth and fifteenth centuries that fundamentally challenges contemporary assumptions about women’s relationships to Islamic legal traditions. Drawing on a rich collection of fatwas (legal documents) from Fez and surrounding areas, Dr. Admiral demonstrates how women—some without formal education—strategically navigated complex legal landscapes to protect their interests, expand their rights, and reshape social dynamics. Contrary to prevailing narratives that portray Islamic law as a monolithic, oppressive system, the book shows how women actively co-produced legal interpretations. They used sophisticated strategies like contract stipulations, exploring plurality in legal opinions, and consulting local scholars to renegotiate marriage terms and expand their rights. These women did not view the legal system as an enemy, but as an instrument for challenging misdeeds and addressing community needs. Dr. Admiral draws attention to the historical practice and implementation of the Maliki school of Islamic law in an area that remained outside of Ottoman control. She highlights women’s engagement with Islamic law as deeply embedded in support systems encompassing families, communities, and legal structures, and makes visible women’s agency and power. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law