New Books in Law

Has American democracy outstripped its constitutional accommodations? Faith in the resilience and adaptability of the US Constitution rests on a long history of finding new ways to make the system work. In The Adaptability Paradox: Political Inclusion and Constitutional Resilience (University of Chicago Press, 2025), political scientist Stephen Skowronek examines the rearrangements that regenerated the American government in the past and brings that experience to bear on our current predicament. He shows how a constitution framed in writing some 230 years ago can run into serious difficulties directly related to its long and impressive history of adaptation. Skowronek connects questions about the Constitution’s adaptability to the challenges of democratization. For most of American history, serial rearrangements of constitutional relationships widened the government’s purview as a national democracy without giving either nationalism or democracy free rein. Skowronek argues that the politics of adaptation shifted fundamentally with the “Rights Revolution” of the 1960s and `70s when American national democracy approached the inclusion of all its citizens on equal footing. Since then, power and authority have been reconfigured in ways that have steadily magnified conflicts over the essentials of good order. Conservatives aim to dismantle a Constitution that progressives are intent on building upon, and the consensus necessary for a constitutional democracy to function effectively has all but evaporated. No longer a socially bound framework for national action, the Constitution has become an abstract matrix of possibilities, a disembodied opportunity structure open to starkly different, mutually unacceptable futures. Rather than being liberated by this unbound Constitution, the American people now appear entrapped by it. Is it possible that the development of American democracy has exhausted the adaptive capacities of the Constitution? A timely reminder that constitutional democracies do not survive on faith alone, The Adaptability Paradox is a sober appraisal of the unfamiliar ground on which we now tread. Professor Stephen Skowronek is Pelatiah Perit Professor of Political Science and Professor in the Institution for Social and Policy Studies at Yale University. He is the author of many books on American Political Development, the presidency, and the administrative state. Dr Ursula Hackett is Reader in Politics at Royal Holloway, University of London. She is the author of America's Voucher Politics: How Elites Learned to Hide the State (Cambridge University Press, 2020) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The influence and spread of clans and families within the ‘ndrangheta - the Calabrian mafia - is international yet recognising their activities is not always easy, especially when considering mafia groups’ apparent ability to ‘disappear’ when abroad. How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility (Bristol University Press, 2025) by Professor Anna Sergi challenges existing myths about the mobility of this mafia group, emphasizing mafias' interconnectivity and ubiquity both at home and abroad, while providing practical tools for law enforcement and organized crime practitioners. It considers potential biases around ethnicities and surnames and the intergenerational diversification of mafias – for example, the use of encryption technologies. Combining theory with case studies drawn from Dr. Sergi’s extensive fieldwork, the book sets out the policy and practice implications for combatting organized crime. 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

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others.Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Professor of Political Science/Social Justice and Human Rights at the New College of Interdisciplinary Arts and Sciences at Arizona State University. She is currently serving as the Interim Director of the School of Social and Behavioral Sciences. Her work explores when and under what conditions international law impacts the human rights of the most marginalized populations, focusing on both the opportunities and the challenges associated with this body of law. She has also focused on the role that international law can play in advancing the legal rights of sex trafficking victims. She has published 4 books and more than 15 articles and book chapters.Patricia C. Rodda is the Assistant Professor of Political Science at Carroll University in Waukesha, Wisconsin. She teaches international relations, comparative politics, international law, conflict and security and political theory. Her research often focuses on vulnerable populations and the challenges they face seeking human rights protections. She is currently working on a new book project that investigates the institutions and interests that facilitate or obstruct the adoption of women’s rights in Muslim-majority states.Charles “Tony” Smith is a Professor in Political Science and Law at the University of California-Irvine (PhD UCSD 2004; JD UF 1987). His research concerns how institutions and the strategic interactions of political actors relate to the contestation over rights, law, and democracy. He has authored or co-authored eight books including Sex Trafficking and Human Rights: The Status of Women and State Responses (Georgetown University Press 2022) and The Politics of Perverts: The Political Attitudes and Actions of Non-Traditional Sexual Minorities (NYU Press 2024) and published over 40 articles and chapters. He is currently the Editor in Chief of Political Research Quarterly.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it.Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible.J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022).Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who are expatriates? How do they differ from other migrants? And why should we care about such distinctions? Expatriate: Following a Migration Category (Manchester University Press, 2023) by Dr. Sarah Kunz interrogates the contested category of 'the expatriate' to explore its history and politics, its making and lived experience. Drawing on ethnographic and archival research, the book offers a critical reading of International Human Resource Management literature, explores the work and history of the Expatriate Archive Centre in The Hague, and studies the usage and significance of the category in Kenyan history and present-day 'expat Nairobi'. Doing so, the book traces the figure of the expatriate from the mid-twentieth-century era of decolonisation to today's heated debates about migration.The expatriate emerges as a malleable and contested category, of shifting meaning and changing membership, and as passionately embraced by some as it is rejected by others. Dr. Kunz situates the changing usage of the term in the context of social, political and economic struggle and explores the material and discursive work the expatriate performs in negotiating social inequalities and power relations. Migration, the book argues, is a key terrain on which colonial power relations have been reproduced and translated, and migration categories are at the heart of the insidious ways that intersecting material and symbolic inequalities are enacted today. Any project for social justice needs to dissect and interrogate categories like the expatriate, and this book offers analytical and methodical strategies to advance this project.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Self-Declaration in the Legal Recognition of Gender (Routledge, 2023) is a socio-legal study that offers a critique of what it means to self-declare with regard to legal gender. Based on empirical research conducted in Denmark, the book engages in some of the most controversial issues surrounding trans and gender diverse rights. The theoretical analysis draws upon legal consciousness, affect theory, vulnerability and governmentality, to cross jurisdictional boundaries between law and medicine. The book reflects on the limits of progress that legislative reform may make, and the way that increased regulation can actually limit access to rights protections. Broadly transferrable beyond its specific field, this book will be useful to socio-legal scholars, feminist scholars, trans scholars, policy makers and practitioners.Dr Chris Dietz is a Lecturer at the Centre for Law & Social Justice at The University of Leeds. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stealing the Future is the first book to tell the true and full story of Sam Bankman-Fried and his historic crimes. It chronicles the $11 billion FTX fraud with the detail and nuance of a financial fraud expert and cryptocurrency insider – but unlike any book before it, it also traces the ideas that enabled the crime. “Effective Altruism” and related tendencies, such as longtermism and transhumanism, remain dangerously influential in today’s Silicon Valley. Despite Bankman-Fried’s pose as a cuddly liberal philanthropist, they are now center stage in the global rise of the far right, and also lie at the heart of OpenAI, the tech darling that took FTX’s place as the face of the future. In this interview, Morris explains how some of the key thought processes that drive today's techno-billionaires and how we can spot the next fraudsters in our midst.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century. In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason Isralowitz tells this story in a revelatory book that situates both the Balestrero case and its cinematic counterpart in their historical context. Drawing from archival records, Isralowitz delivers a gripping account of Manny’ s trial and new insights into an errant prosecution. He then examines how Hitchcock’ s film bears witness to issues that animate the contemporary innocence movement. Given the hundreds of exonerations of the wrongfully convicted in recent years, this genre-bending work of true crime and film history is a must-read.Jason Isralowitz is a partner in the New York office of Hogan Lovells. A Queens native, Jason graduated from Boston University’s College of Communication with a bachelor’s in journalism and holds a J.D. from the University of Pennsylvania Law School. He has practiced law in Manhattan since 1993. Jason lives in Summit, New Jersey with his wife, Jennifer.Daniel Moran earned his B.A. and M.A. in English from Rutgers University and his Ph.D. in History from Drew University. The author of Creating Flannery O’Connor: Her Critics, Her Publishers, Her Readers, he teaches research and writing at Rutgers and co-hosts the podcast Fifteen-Minute Film Fanatics, found at https://fifteenminutefilm.podb... and on Twitter @15MinFilm. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

James Greenwood-Reeves, a Lecturer in Law at the University of Leeds, dives deep into the complex relationship between law, morality, and protest. He explores whether violent protest can be justified, referencing movements like Extinction Rebellion and Black Lives Matter. Greenwood-Reeves argues that when state laws are unjust, citizens may have moral reasons to use violence as a form of expression and protest. He also applies his theories to recent events like the January 6th Capitol attack, challenging conventional views on legitimacy and civil disobedience.

Why does Indias police force, created under British rule, still echo the priorities of a bygone empire? And what is it about this institution, tasked with maintaining the law and order, that has led to a normalization of daily violence? These are the key questions that inform the analyses in this volume by lawyers, academics and activists. Divided into four broad sections, it begins by looking at the origins of the modern police force in the 1860s and demonstrates their role in maintaining socio-cultural, economic and political hierarchies even in post-Independence India. The second section explores how the law and legal infrastructure, as well as the bureaucracy in India, work to effectively facilitate police violence and to further marginalize and criminalize certain groups, like lower castes and Muslims. The penultimate section complicates this picture, examining how police violence is shaped by historical ambivalence towards democracy, the personal and systemic dynamics between police personnel and the accused, and the fraught identity of police in conflict zones like Kashmir, where authority is both granted and withheld by the state. The final section contains interviews of and reflections by prominent critics of police violence, including former Haryana DGP V.N. Rai and Abdul Wahid Shaikh, falsely accused of involvement in the 2006 Mumbai blasts. Questioning its foundational purpose and envisioning pathways to accountability and reform, Policing and Violence in India ignites a long-overdue conversation about the nature of policing in India. Deana Heath is Professor of Indian and Colonial History at the University of Liverpool. She has written widely on issues relating to policing and violence in colonial India, particularly on torture and sexual violence. Her latest book, Colonial Terror: Torture and State Violence in Colonial India, was published by Oxford University Press in 2021. Jinee Lokaneeta is Professor in Political Science and International Relations at Drew University, New Jersey. She is the author of The Truth Machines: Policing, Violence, and Scientific Interrogations in India, published in 2020 by the University of Michigan Press and Orient Blackswan, and Transnational Torture: Law, Violence, and State Power in the United States and India, published by New York University Press in 2011 and Orient Blackswan in 2012. Shailza Sharma is an Assistant Professor at Jindal Global Law School, O.P. Jindal Global University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law