New Books in Law

American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6 (Palgrave Macmillan, 2024) analyzes the roots of widespread disenchantment with American government. While blame often falls on the individuals in office, they are not operating in isolation. Rather they are working within a system designed by the Framers with one goal in mind, protectionism. Although the Framers got much right, their commitment to protection of liberty led them to design a system replete with divisions of power. Whatever its merits at the founding, the government today is frequently described as dysfunctional and far too often unresponsive to the majority, unaccountable, and unable to deliver for its people.  For those disillusioned with the current state of government and committed to effectuating meaningful change, this book advocates in favor of a fundamental reassessment of the system's primary objectives, followed by deliberation as to how it should be restructured accordingly. It not only presents specific reform proposals, but it ends with a stark warning: until and unless we embrace reasoned structural reform, we cannot be surprised if at some point the people become so frustrated that they either disengage, fight back, or seek solace in autocratic alternatives.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jennifer Holt, a professor at UC Santa Barbara and author of "Cloud Policy: A History of Regulating Pipelines, Platforms, and Data," discusses how U.S. regulations have impacted civil liberties and democracy. She highlights the historical evolution of media policies alongside technology, emphasizing the need for equitable access to cloud services as a public good. Holt critiques outdated regulations, the environmental implications of cloud infrastructure, and the rise of surveillance capitalism, urging for a reevaluation of policies to prioritize public interest.

At the 100 day mark of Donald Trump’s second term as president, the political scientists at Bright Line Watch released their 25th report on the state of American democracy entitled “Threats to democracy and academic freedom after Trump’s second first 100 days.” Based on polling both experts (760 political scientists) and the public (representative sample of 2000 Americans), the Bright Line Watch researchers find that the Trump administration has challenged constitutional and democratic norms on a wide range of issues, including the scope of executive power and the authority of courts to check it, individual freedom of expression, due process and habeas corpus, immigration, and academic freedom. In this episode of POSTSCRIPT: Conversations on Politics and Political Science, two of Bright Line Watch’s co-directors analyze the latest report – and what it means for American democracy. Topics include democratic performance, threats to democracy and academic freedom and self-censorship. Dr. John Carey (he/him) is the Wentworth Professor in the Social Sciences at Dartmouth College. He is the author of 6 books and dozens of articles on democratic institutions, representation, and political beliefs. Dr. Gretchen Helmke is the Thomas H. Jackson Distinguished University Professor in the Department of Political Science and faculty director of the Democracy Center at the University of Rochester. Her research focuses on democracy and the rule of law in Latin America and the United States. Her new co-authored article definition and measuring democratic norms is forthcoming in the Annual Review of Political Science. She has been named a Guggenheim Fellow for 2025. Mentioned: Bright Line Watch’s April 2025 report, Threats to Democracy and Academic Freedom after Trump's Second First 100 Days (based on parallel surveys of 760 political scientists and a representative sample of 2,000 Americans fielded in April). Bright Line Watch homepage with data and past reports John Carey on NPR’s All Things Considered, 4/22 discussing the latest report. Adam Przeworski’s Substack Diary (free to subscribe and read) Democratic Erosion Project (with dataset that Gretchen mentioned) Susan’s New Books Network conversation with Dr. Sue Stokes on the importance of integrating comparative politics and American politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Struggles for the Human: Violent Legality and the Politics of Rights (Duke University Press 2024), Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives. Lara Montesinos Coleman is Professor of International Law, Ethics and Political Economy at the University of Sussex, where she also teaches on the MA in Human Rights. She is author of Struggles for the Human: Violent Legality and the Politics of Rights, published by Duke University Press in 2024 and shortlisted for the Susan Strange Best Book Prize, awarded for an outstanding book published in any field of International Studies. Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at tw2468@columbia.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jake Monaghan, Assistant Professor of Philosophy at USC, discusses his book, Just Policing, tackling the ethical dilemmas surrounding law enforcement. He argues for a moral framework that acknowledges police discretion as valuable in non-ideal situations. Monaghan critiques popular abolitionist approaches while emphasizing the need for reform in policing to enhance community trust. He also explores the complexities of policing different types of crime and highlights the impact of social movements on public perceptions of justice and accountability.

From busting drug lords to leading the Pentagon task force charged with bringing the 9/11 terrorists to justice, Mark Fallon has spent his career on the front lines of U.S. national security. My first guest is one of the most fascinating people I've interviewed. Former NCIS Special Agent in Charge Mark Fallon is a national security consultant, scholar, and expert in counterintelligence and counterterrorism who's been involved in some of the most significant terrorism investigations in U.S. history. Mark served more than thirty years in government—twenty-seven with the NCIS and two as a Senior Executive within the Department of Homeland Security. He received numerous awards and medals for his service, including the Department of Defense Counterintelligence Award for Outstanding Achievement and the U.S. Secret Service Director Honors Award. As an NCIS Special Agent, Mark operated undercover in some of the most dangerous places in the world—from infiltrating drug rings in Thailand to capturing poachers in Kenya. He takes us inside his undercover operations and describes his strategy for a successful mission. We talked about the interview and interrogation techniques that actually work (hint: they involve rapport and, occasionally, French fries), and the moment his wife discovered details of an undercover operation. In the wake of the 9/11 terrorist attacks, Mark was appointed Deputy Commander and Special Agent in Charge of the Pentagon task force, responsible for investigating terrorists for possible trials before military commissions. His critically acclaimed book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture (Regan Arts, 2017) offers a gripping account of the leadership challenges he faced while trying to bring terrorists to justice without compromising his oath to protect and defend the Constitution. Mark opens up about what it takes to lead under pressure, the duty to disobey an unlawful order, and why interrogators make the best first dates He shares leadership lessons that extend far beyond national security—tools for navigating crisis, conflict, and high-stakes decisions in any field. Today, as founder of ClubFed, Mark serves as an international security consultant and continues his mission for improving the practice of interviews and interrogations. Pulitzer Prize–winning investigative reporter Bill Dedman calls Mark Fallon "the Serpico in the war on terror," and high-ranking officials call him an American hero who’s made the world safer. Listen to the podcast—and you'll understand why. Pamela Hamilton is the award-winning author of Lady Be Good: The Life and Times of Dorothy Hale, Kirkus Best Book of the Year and Publishers Weekly Editor's Pick. As a producer with NBC News for nearly 15 years, she interviewed prominent figures in business, entertainment, lifestyle, and the arts. Visit www.pamelalhamilton.com to learn more — and sign up to be notified when new episodes are released. Connect on Instagram and Facebook @pamelahamiltonauthor.                  "We told them 'You may not, you must not—you have a duty not to obey an unlawful order." Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With rigorous attention to history and empire, Maïa Pal's Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge UP, 2020) is a unique analysis of imperial expansion. Through an analysis of ambassadors and consuls in the Mediterranean—and attention to Castilian, French, Dutch, and British empires—Pal's multifaceted conceptualization of jurisdictional analysis gathers together law and capital in the early modern period. A compelling application of political Marxist frameworks, Jurisdictional Accumulation is a multidisciplinary approach to thinking through extraterritoriality and its implications. Through archival work, theorization, and legal analyses, Pal offers us a novel way to better understand the links between capital, law, and imperial authority. Dr. Maïa Pal is a Senior Lecturer in International Relations at Oxford Brookes University. Her research brings together international relations theory, international political economy, and histories of international law, and focuses on early modern overseas consuls, imperialism, and empire.Rine Vieth is an FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since American president Donald Trump was elected to a second term, it is common to hear citizens, journalists, and public officials distinguish between the laws and leaders of their states and the national government. Those who oppose Trump’s policies with regard to reproductive rights, gun violence, LGBTQ+, education, police, and voting often present state constitutions, courts, laws, culture, and leaders as a bulwark against Trump’s autocratic rule.  But Professor Stephen H. Legomsky sees it differently. His new book, Reimagining the American Union: The Case for Abolishing State Government (Cambridge University Press 2025) argues that – if we care about democracy – we should imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of one American people. Reimagining the American Union understands state government as the root cause of the gravest threats to American democracy. While some of those threats are baked into the Constitution, the book argues that others are the product of state legislatures abusing their powers through gerrymanders, voter suppression, and other less-publicized manipulations that often target African-Americans and other minority voters. Reimagining the American Union interrogates how having national, state and local legislative bodies, taxation, bureaucracy, and regulation wastes taxpayer money and burdens the citizenry. After assessing the supposed benefits of state government, Professor Legomsky argues for a new, unitary American republic with only national and local governments. Stephen H. Legomsky is the John S. Lehmann University Professor Emeritus at the Washington University School of Law. Professor Legomsky has published scholarly books on immigration and refugee law, courts, and constitutional law. He served in the Obama Administration as Chief Counsel of U.S. Citizenship and Immigration Services and later as Senior Counselor to Secretary of Homeland Security Jeh Johnson. He was a member of President-Elect Biden’s transition team, has testified often before Congress, and has worked with state, local, UN, and foreign governments. Mentioned: Cambridge University press is offering a 20% discount here (until October) Susan’s NBN interview with Richard Kreitner on Break It Up: Secession, Division, and The Secret History of America’s Imperfect Union Jonathan A. Rodden’s Why Cities Lose: The Deep Roots of the Urban-Rural Political Divide (Basic Books 2019) Hendrik Hertzberg’s review of Robert A. Dahl’s How Democratic Is the American Constitution (Yale) Shelby County v. Holder, the Supreme Court case that overturned the Voting Rights Act of 1965’s pre-clearance requirement for historically discriminating districts Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In today's post-Roe v. Wade world, U.S. maternal mortality is on the rise and laws regarding contraception, involuntary sterilization, access to reproductive health services, and criminalization of people who are gestating are changing by the minute. Today I’m joined by Dr. Caitlin Killian, the editor of and one of the contributors to a new book from Bloomsbury Academic, Understanding Reproduction in Social Contexts: A Reader. I’m also pleased to host two of the chapter authors, Drs. Nancy Hiemstra and Jaya Keaney. Using a reproductive justice framework, Understanding Reproduction in Social Contexts walks students through the social landscape around reproduction through the life course. Chapters by cutting-edge reproductive scholars, practitioners, and advocates address the social control of fertility and pregnancy, the promises and perils of assisted reproductive technologies, experiences of pregnancy, miscarriage, abortion, and birth, and how individuals make sense of and respond to the cultural, social, and political forces that condition their reproductive lives. The book takes an intersectional approach and considers how gender, sexuality, fatness, disability, class, race, and immigration status impact both an individual's health and the healthcare they receive. The reader includes timely topics such as increased legal limitations on abortion, transpeople and reproduction, and new developments in assisted reproduction and family formation. The book can support undergraduate and graduate courses on families, gender, public health, reproduction, and sexuality – and I’m pleased to have contributed a chapter. Dr. Caitlin Killian is a Professor of Sociology at Drew University specializing in gender, families, reproduction, and immigration. We featured her book, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity 2023) previously on New Books Network. Her articles have appeared in Contexts magazine and The Conversation, as well as numerous academic journals, and she has done work for the United Nations on sexual and reproductive health and rights and on Syrian refugee women Dr. Nancy Hiemstra is a political, cultural, and feminist geographer and Associate Professor in the Department of Women's, Gender, and Sexuality Studies at Stony Brook University. Her scholarship focuses on how border and immigration policies shape patterns and consequences of human mobility. Her 2019 book Detain and Deport: The Chaotic U.S. Immigration Enforcement Regime examined the U.S. detention and deportation system, and her forthcoming book (with Deirdre Conlon) Immigration Detention Inc: The Big Business of Locking Up Migrants scrutinizes how profit making goals drive the expanding use of detention. Dr Jaya Keaney is Lecturer in Gender Studies in the School of Social and Political Sciences at the University of Melbourne. She writes, researches, and teaches in the fields of feminist technoscience, queer and feminist theory, and cultural studies. Her research across these fields explores reproduction, racism, and queer feminist practices of embodiment and inheritance. Jaya is the author of Making Gaybies: Queer Reproduction and Multiracial Feeling (Duke University Press, 2023), which was a finalist for the 2024 Rachel Carson Prize. Her writing has also appeared in journals such as Body and Society, Science Technology & Human Values, and the Duke University Press edited collection Long Term: Essays on Queer Commitment (2021). Mentioned: Susan’s interview with Caitlin on Failing Moms: The Social Condemnation and Criminalization of Mothers (Polity, 2024). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today, human exceptionalism is the norm. Despite occasional nods to animal welfare, we prioritize humanity, often neglecting the welfare of a vast number of beings. As a result, we use hundreds of billions of vertebrates and trillions of invertebrates every year for a variety of purposes, often unnecessarily. We also plan to use animals, AI systems, and other nonhumans at even higher levels in the future. Yet as the dominant species, humanity has a responsibility to ask: Which nonhumans matter, how much do they matter, and what do we owe them in a world reshaped by human activity and technology? In The Moral Circle: Who Matters, What Matters, and Why (W.W. Norton, 2025), philosopher Jeff Sebo challenges us to include all potentially significant beings in our moral community, with transformative implications for our lives and societies. This book explores provocative case studies such as lawsuits over captive elephants and debates over factory-farmed insects, and compels us to consider future ethical quandaries, such as whether to send microbes to new planets, and whether to create virtual worlds filled with digital minds. Taking an expansive view of human responsibility, Sebo argues that building a positive future requires the shedding of human exceptionalism and radically rethinking our place in the world. Jeff Sebo is Associate Professor of Environmental Studies, Affiliated Professor of Bioethics, Medical Ethics, Philosophy, and Law, Director of the Center for Environmental and Animal Protection, Director of the Center for Mind, Ethics, and Policy, and Co-Director of the Wild Animal Welfare Program at New York University.  Kyle Johannsen is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021). Let's face it, most of the popular podcasts out there are dumb. NBN features scholars (like you!), providing an enriching alternative to students. We partner with presses like Oxford, Princeton, and Cambridge to make academic research accessible to all. Please consider sharing the New Books Network with your students. Download this poster here to spread the word.   Please share this interview on Instagram, LinkedIn, or Bluesky. Don't forget to subscribe to our Substack here to receive our weekly newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law