New Books in Law

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford UP, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law (Oxford UP, 2024) considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws, ' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia. Arighna Gupta is a doctoral candidate in history at the University of Michigan, Ann Arbor. His dissertation attempts to trace early-colonial genealogies of popular sovereignty located at the interstices of monarchical, religious, and colonial sovereignties in India and present-day Bangladesh. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Steve Luxenberg has created an unusual history of the famous Supreme Court case Plessy v. Ferguson and the 19th century’s segregationist practices in his book Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation (Norton, 2019)  It is unusual because it is chiefly an ensemble biography of Henry Brown, John Marshall Harlan, and Albion Tourgee, three men intimately connected with the Plessy case.  The book covers the Antebellum period youth of the three men, each from a different part of the young nation and each encountering freedmen, slaves, and the institution of slavery in different social and political contexts.  We follow these men through the Civil War, Reconstruction, and the post-Reconstruction period leading up to the Plessy decision.  The Plessy case helped solidify official, state-enforced segregationist practices throughout the United States.  It made the now-infamous phrase “separate but equal” a constitutional doctrine that was the law of the land until the 1950s and 1960s.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Slavery's Fugitives and the Making of the United States Constitution (LSU Press, 2024) unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans' desire to compel Britain to return fugitives from slavery as a driving force behind the convention. During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king's army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation--the young nation's first constitution--but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply. The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation's ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority--the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day.The Supreme Court’s rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers (Beacon Press, 2021) grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century. Our guest is: Professor Amanda Frost, who writes and teaches in the fields of immigration and citizenship law, federal courts and jurisdiction, and judicial ethics. Her scholarship has been cited by dozens of state and federal courts, including the U.S. Supreme Court, and she has been invited to testify on the topics of her articles before both the House and Senate Judiciary Committees. You Are Not American was named a “New & Noteworthy” book by The New York Times Book Review, and shortlisted for the Mark Lynton History Prize. She is writing a book on birthright citizenship, publishing in 2026. Our host is: Dr. Christina Gessler, who works as a developmental editor, dissertation and writing coach for scholars in the humanities. She is the producer of the Academic Life podcast, and writes the show’s newsletter with weekly bonus material on her Substack found here. Playlist: Dear Miss Perkins Secret Harvests Who Gets Believed We Take Our Cities With Us The House on Henry Street Immigration Realities The Ungrateful Refugee Sin Padres Ni Papeles Reunited Welcome to Academic Life, the podcast for your academic journey—and beyond! Please join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 275+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Human Dimension of International Law (Brill, 2025) offers a vision of international law through the protection of human rights and the values they embody. This approach is particularly timely in light of recent international developments. For the first time, the International Court of Justice is seized of the main legal aspects of serious contemporary crises (Ukraine, Gaza Strip, Syria, Myanmar, etc.), on the basis of human rights instruments, with the participation of dozens of States. In this context, the book analyzes the multiple interactions between general international law and human rights. The former influences the latter, positively or restrictively, as illustrated by the issue of jurisdictional immunities. Conversely, human rights exert an influence on the evolution of general international law, sometimes gently, sometimes drastically. They contributed to the development of the sources of international law, several institutions related to the external relations of the State, the law of the sea, the theory of the subjects of international law, the concept of international responsibility, the system of collective security, as well as the structure and character of the discipline. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book would be a great addition to any graduate level course on families, as it gives a solid background of the history of the LGBTQ movement as well as attitudes shifts toward gay marriage.Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

James Kimmel, Jr. is an Assistant Clinical Professor in Psychiatry at Yale and author of The Science of Revenge. He discusses the hidden addiction of revenge, revealing its roots in human aggression and the brain's reward systems. Kimmel shares his personal journey with revenge, including a near catastrophic path, while linking neuroscience to societal issues. He introduces innovative concepts like the 'non-justice system' for healing and promotes forgiveness as a vital antidote to the destructive cycle of retaliation.

Is the breakup of an increasingly polarized America into separate red and blue countries even possible? There is a growing interest in American secession. In February 2023, Marjorie Taylor Greene tweeted that "We need a national divorce...We need to separate by red states and blue states." Recent movements like Yes California have called for a national divorce along political lines. A 2023 Axios poll shows that 20 percent of Americans favor a national divorce. These trends show a sincere interest in American secession, and they will likely increase in the aftermath of the 2024 Presidential election. Proponents of secession make three arguments: the two sides have irreconcilable differences; secession is a legal right; and smaller political units are better. Through interviews with secessionist advocates in America, Ryan Griffiths explores the case for why Red America and Blue America should split up. But as The Disunited States shows, these arguments are fundamentally incorrect. Secession is the wrong solution to the problem of polarization. Red and Blue America are not neatly sorted and geographically concentrated. Splitting the two parts would require a dangerous unmixing of the population, one that could spiral into violence and state collapse. Drawing on his expertise on secessionism worldwide, he shows how the process has played out internationally-and usually disastrously. Ultimately, this book will disabuse readers of the belief that secession will fix America's problems. Rather than focus on national divorce as a solution, the better course of action is to seek common ground. Ryan D. Griffiths is a Professor in the Department of Political Science at the Maxwell School of Citizenship and Public Affairs, Syracuse University. His research focuses on the dynamics of secession and the study of sovereignty, state systems, and international orders. He teaches on topics related to nationalism, international relations, and international relations theory. Daniel Moran’s writing about literature and film can be found on Pages and Frames. He 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 and co-hosts the long-running p Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Alien and Sedition Acts of 1798: Testing the Constitution (Johns Hopkins University Press, 2016), Terri Diane Halperin has provided a political history of the 1790s and explained the origins of one of the most contentious free speech events in American history. The Alien and Seditions Acts, which were actually four laws enacted in 1798, dramatically tested the principles of free speech in the young republic. Halperin explains the political origins of the controversy, which began in the earliest days the George Washington’s administration. Although the Federalists, led by Alexander Hamilton, George Washington, and John Adams, and the Democratic-Republicans (or Jeffersonians), led by Jefferson and James Madison, had already established their differences on the national stage regarding the Constitution, foreign affairs would create further cleavages between these groups. Halperin investigates and analyzes how the French Revolution was celebrated and feared in America. When France descended into civil war and instigated European wars, the United States feared being drawn into the conflicts. The Federalists developed an affinity for Britain’s rejection of the Terror and resistance to France, while the Democratic-Republicans celebrated the promise of the French Revolution, even though most deplored the violence of the Terror. French and Irish immigrants were welcomed by the Jeffersonians and feared by the Federalists. Halperin demonstrates how dissent against American foreign policy, usually through the many newspapers published in America, was viewed as subversive and threatening to America’s reputation and national security. The Federalists, who dominated the national government during the 1790s, conceived of federal criminal laws to quash dissent. Halperin explains how both sides had their dearly held beliefs: the Federalists thought Jeffersonian newspaper editors would encourage rebellions against federal power or foreign powers efforts to acquire land in the New World; the Jeffersonians claimed that dissent was legitimate and pointed to the First Amendment’s free speech clause as a right that allowed criticism of government. My conversation with Halperin covers all of these events and reveals the importance of the debate over free speech in the early Republic. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law