New Books in Law

Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Law and Politics of International Legitimacy (Cambridge University Press, 2025) examines the significance of the issue of political legitimacy at the international level, focusing on international law. It adopts a descriptive, critical, and reconstructive approach. In order to do so, the book clarifies what political legitimacy is in general and in the context of international law. The book analyzes how international law contributes to a sense of legitimacy through notions such as international membership, international rights holding, fundamental principles and hierarchy of rights holding, rightful conduct, and international authority. In addition, the book stresses the severe limitations of the legitimacy of international law and of the current international order that it contributes to regulate and manage. This leads the book to identify the conditions under which international order and international law could overcome their problems of legitimacy and become more legitimate. The book is interdisciplinary in nature, mobilizing international law, political and legal theory, philosophy, history, and political science. Jean-Marc Coicaud is Distinguished Professor of Law and Global Affairs, Rutgers School of Law, New Jersey, USA and Fellow, Academia Europaea. He is also Fudan Distinguished Chair Professor at Fudan Institute for Advanced Studies in Social Sciences (Shanghai, China). Leo Bader is a senior at Wesleyan University studying political theory and history. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this engaging discussion, Michael Stauch, an Associate Professor at the University of Toledo, delves into the dark history of community policing in Detroit. He reveals how policing strategies during Coleman Young's era reshaped neighborhood dynamics, often perpetuating police brutality against Black youth. Stauch also highlights the resilience of young people who used grassroots activism to challenge systemic oppression. By centering their voices, he reexamines the narrative of police reform and connects it to broader struggles for Black liberation.

Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers’ best intentions resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that “rehabilitated” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse.Nicholas Misukanis is a doctoral candidate in the history department at the University of Maryland - College Park. He studies modern European and Middle Eastern history with a special emphasis on Germany and the role energy autonomy played in foreign and domestic German politics during the twentieth century. He is currently working on his dissertation which analyzes why the West German government failed to convince the public to embrace nuclear energy and the ramifications this had on German politics between 1973 and 1986. His work has been published in Commonweal, America: The Jesuit Review, The United States’ Naval Academy’s Tell Me Another and Studies on Asia. He can be reached at Misukani@umd.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carol Nackenoff and Julie Novkov dive into the life of Wong Kim Ark, whose Supreme Court case set the precedent for birthright citizenship in the U.S. They explore the historical context of citizenship laws, particularly in relation to race and gender disparities. The duo discusses the challenges faced by Chinese immigrants in the 19th century, illustrating their legal struggles and societal discrimination. Finally, they connect Wong's legacy to contemporary debates around citizenship, revealing the ongoing vulnerabilities faced by marginalized groups today.

Ben Westhoff is an award-winning investigative journalist whose best-selling 2019 book Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic (Grove Press, 2019), was one of the first to take fentanyl seriously as both a social phenomenon and a national threat. Since its release, Westhoff has become a policy expert, advising top government officials on the fentanyl crisis, and continuing to follow the story on his Substack account. The author of two previous nonfiction books and numerous articles in outlets like the Atlantic, The Guardian, and the Wall Street Journal, Westhoff’s fourth book, Little Brother: Love, Tragedy, and My Search for the Truth comes out this spring.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

Indonesia's judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia's first president, Soekarno. By the time President Soeharto's regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia (Melbourne UP, 2023) demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society. Simon Butt is Professor of Indonesian Law and Director of the Centre for Asian and Pacific Law at the University of Sydney. Professor Michele Ford is Professor of Southeast Asian Studies at the University of Sydney, Australia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Alexander Lian, a practicing commercial litigator in Miami and author of Stereoscopic Law, delves into the revolutionary impact of Oliver Wendell Holmes on legal education. He discusses Holmes' landmark essay, 'The Path of the Law,' advocating for a three-dimensional understanding of law that bridges theory and practice. The conversation also highlights the concept of the 'bad man' as a crucial heuristic for law students. Lian emphasizes the historical context of legal doctrines and Holmes' ongoing relevance in shaping legal philosophy and ethics today.

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law