New Books in Law

"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state.This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era.Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis.Read more by Charles McCrary: "The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022 "The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022 "The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jacob Mchangama, founder and director of the think tank Justitia, has written a one-volume history of freedom of thought, which ranges from the lone Demosthenes of 4th-century BCE Athens to the recent controversies regarding Donald Trump. In Free Speech: A History from Socrates to Social Media (Basic Books, 2022), Mchangama argues that the history of freedom of thought has recurrent themes, such as a free speech entropy: the perception of rulers or governments that if speech is not restricted then social or political decline or disorder is inevitable. Mchangama also notes how restrictions usually have the unintended effect of emboldening the speakers and making the forbidden speech even more attractive to potential listeners. This history also reveals advocates of free speech less familiar to Western readers, such as the ninth-century Persian scholar Ibn al-Rawandi, a theologian and later skeptic whose life illustrates the debates possible in medieval Islam. Mchangama reviews the modern debates regarding freedom of thought and the latest iterations of arguments about whether free speech will lead to social decline and chaos. Mchangama is a champion of free speech but his history provides a fair minded account of the concerns of speech restrictionists throughout history.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1788, Mary Smith was ruined and banished from "civilised" society when her neighbor accused her of carrying a bastard child. To silence the ruinous rumors and vindicate her name, Smith sued him for defamation. But in court, she faced the onerous burden, entrenched within English law of sexual slander, of proving "special damage." Smith should have lost her case, but her action set off a remarkable reform movement. In Special Damage: The Slander of Women and the Gendered History of Defamation Law (Stanford University Press, 2025), Dr. Jessica Lake offers a comparative legal history of gendered hate speech, verbal abuse, and sexual harassment across 19th-century America, Australia, and England. Drawing upon original archival material, she tracks the creation of the Slander of Women reforms that made it easier for women to sue when called "whores." Dr. Lake reveals, for the first time, the cases brought by women that spurred and benefitted from these reforms. In doing so, she details how debates about women, speech, and reputation circulated through transnational common law networks, connecting countries, colonies, and continents. The Slander of Women movement furthered legal protections for women, but also created links between ideas of whiteness, femininity, chastity, and civilization. Special Damage tells a compelling story that questions the costs and compromises of legal progress in a patriarchal and unequal "civilised" New World. 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

In both the United States and France, each side of the legal battle over same-sex marriage and parenthood relied heavily on experts. Despite the similarity of issues, however, lawmakers in each country turned to different sets of authorities: from economists and psychoanalysts to priests and ordinary people. They even prized different types of expertise—empirical research in the United States versus abstract theory in France.Exploring the legalization of same-sex marriage in the United States and France, Michael Stambolis-Ruhstorfer sheds new light on the power of experts to influence high-stakes democratic debates. Drawing on extensive interviews and ethnographic observation, Michael Stambolis-Ruhstorfer traces the divergences between the two countries, showing why some experts are ubiquitous in one but absent in the other. He argues that lawmakers, judges, lawyers, journalists, and activists covet something only experts can provide: the credibility and aura of authority, or “expert capital,” which they deploy to advance their agendas. Expert capital is not derived from scientific or technical merit alone but is produced through cultural norms, material resources, and social relationships, which vary greatly across national contexts.Through the story of the fight over gay rights, By the Power Vested in Me: How Experts Shape Same-Sex Marriage Debates (Columbia UP, 2025) reveals how and why certain experts—but not others—obtain the authority to shape public opinion and policy. At a time of soaring public distrust in experts, this book offers new ways to understand the contested political role of expertise and its consequences. Michael O. Johnston, Ph.D. is an Associate Professor of Sociology at William Penn University, where he specializes in the cultural and interpretive study of space, behavior, and identity. His scholarship examines how designed environments shape social interaction, connectedness, and moral life across diverse settings. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His current research projects include the study of escape rooms as emotion-structured environments, temporal urban environments in rural historical towns, student experiences of hanging out and being at home while at college and university, and a more recent study on the making of rodeo. To learn more about his work, visit his personal website, Google Scholar profile, or connect with him on Bluesky (@professorjohnst.bsky.social) or Twitter/X (@ProfessorJohnst). He can also be reached directly by email. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Emile Sotonye DeWeaver, formerly incarcerated organizer and author whose sentence was commuted after 21 years, challenges how reform reproduces white supremacy. He discusses power in parole boards, why long sentences persist, critiques rehabilitation that masks structural harm, and highlights collective strategies and Prison Renaissance’s work to shift who holds authority.

In eighteenth-century America, genealogy was more than a simple record of family ties—it was a powerful force that shaped society. Lineage: Genealogy and the Power of Connection in Early America (Oxford UP, 2025) by Dr. Karin Wulf delves into an era where individuals, families, and institutions meticulously documented their connections. Whether driven by personal passion or mandated by churches, local governments, and courts, these records appeared in diverse forms-from handwritten notes and account books to intricate silk threads and enduring stone carvings.Family connections wielded significant influence across governmental, legal, religious, cultural, and social spheres. In the American context, these ties also defined the boundaries of slavery and freedom, with a child\'s status often determined by their mother, despite the prevailing patriarchy. This book reveals the profound importance of genealogy that was chronicled by family records, cultural artifacts, and court documents. These materials, created by both enslaved individuals seeking freedom and founding fathers seeking status, demonstrate the culturally and historically specific nature of genealogical interest.Even as the American Revolution transformed society, the significance of genealogy endured. The legacy of lineage from the colonial period continued to shape the early United States, underscoring the enduring importance of family connections. Lineage offers a deep understanding of genealogy as a foundational element of American history, illuminating its vital role from the colonial era through the birth of the nation. 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

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, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Execution, State and Society in England, 1660–1900 (Cambridge UP, 2023) by Dr. Simon Devereaux provides the first comprehensive account of execution practices in England and their extraordinary transformation from 1660 to 1900. Agonizing execution rituals were once common. Male traitors were hanged, disembowelled while still alive, then decapitated and quartered. Female traitors were burned alive. And common criminals slowly choked to death beneath wooden crossbeams erected at the margins of towns. Some of their bodies were either left to rot on roadside gibbets or dissected by anatomy instructors. Two centuries later, only murderers and traitors were executed – both by hanging – and they died alone, usually quickly, and behind prison walls. In this major contribution to the history of crime and punishment in England, Dr. Devereaux reveals how urban growth, and the unique public culture it produced, challenged and largely displaced those traditional elites who valued the old 'Bloody Code' as an instrument of their rule. 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

In Corporate Power and the Politics of Change (Cambridge UP, 2025), Matteo Gatti examines how corporations have taken on roles traditionally reserved for governments - advocating on social issues, setting internal norms, and stepping in where public institutions fall short. This phenomenon, called corporate governing, takes two forms: socioeconomic advocacy, when companies take public stances, and government substitution, when they deliver services or protections the state does not provide. Drawing on legal doctrine and insights from the social sciences, Gatti shows how this shift reflects broader pressures within firms and deep dysfunction outside them. The rise of corporate governing has also triggered political, legal, and cultural backlash that challenges its legitimacy and reach. Clear-eyed and timely, this book offers a framework for understanding how corporate power reshapes policymaking and what that means for business and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq (Stanford UP, 2025) considers the legal making and unmaking of citizenship in Iraq, focusing on the mass denaturalization and deportation of Iraqi Jews in 1950–51 and Iraqis of Iranian origin in the early 1980s. Since the formation of the modern state of Iraq under British rule in 1921, practices of denaturalization and expulsion of citizens have been mobilized by ruling elites to curb political opposition. Iraqi politicians, under both monarchical and republican rule, routinely employed the rhetoric of threats to national security, treason, and foreignness to uproot citizens they deemed politically undesirable. Using archival documents, ethnographic research, and literary and autobiographical works, Zainab Saleh shows how citizenship laws can serve as a mechanism to discipline the population. As she argues, these laws enforce commitment to the state's political order and normative values, and eliminate dissenting citizens through charges of betrayal of the homeland. Citizenship in Iraq, thus, has functioned as a privilege closely linked to loyalty to the state, rather than as a right enjoyed unconditionally. With the rise of nativism, right-wing nationalism, and authoritarianism all over the world, this book offers a timely examination of how citizenship can become a tool to silence opposition and produce precarity through denaturalization. Zainab Saleh is Associate Professor of Anthropology at Haverford College. She is the author of Return to Ruin: Iraqi Narratives of Exile and Nostalgia (Stanford, 2020). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law