New Books in Law

In this episode, Jorge Goldstein, the author of Patenting Life, delves into the critical junction where biotechnology meets patent law. With a background as a molecular biologist turned patent attorney, Goldstein offers unique insights into how commercial biology has evolved and its profound effects on patent regulations. The discussion takes listeners on a journey from the early days of recombinant DNA technology to the cutting-edge advancements of CRISPR. Goldstein articulates how the commercialization of biological research influences scientific inquiry and reshapes patent law, highlighting key legal cases that have set the boundaries for patenting living organisms while addressing the complex ethical considerations that accompany these developments.A significant theme in the conversation is the ongoing tension between academic research and commercial interests. Goldstein explains how this dynamic has molded patent policies and research agendas, emphasizing the concept of “enabling life” through patents. He also touches on emerging challenges posed by technologies like AI in biotechnology, raising questions about ownership and consent regarding biological materials and genetic data. Reflecting on broader ethical implications, Goldstein discusses the responsibilities that come with innovation in biotechnology and patent law while considering the future challenges for intellectual property frameworks, particularly in light of advancements in CRISPR and synthetic biology.This episode provides a comprehensive overview of how the patenting of life has transformed not only biology and medicine but also the legal landscape, prompting listeners to think critically about the implications of these changes for society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Succinct and eloquent, On Privacy and Technology (Oxford UP, 2025) is an essential primer on how to face the threats to privacy in today's age of digital technologies and AI.With the rapid rise of new digital technologies and artificial intelligence, is privacy dead? Can anything be done to save us from a dystopian world without privacy?In this short and accessible book, internationally renowned privacy expert Daniel J. Solove draws from a range of fields, from law to philosophy to the humanities, to illustrate the profound changes technology is wreaking upon our privacy, why they matter, and what can be done about them. Solove provides incisive examinations of key concepts in the digital sphere, including control, manipulation, harm, automation, reputation, consent, prediction, inference, and many others.Compelling and passionate, On Privacy and Technology teems with powerful insights that will transform the way you think about privacy and technology. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Violence has only increased in Mexico since 2000: 23,000 murders were recorded in 2016, and 29,168 in 2017.The abundance of laws and constitutional amendments that have cropped up in response are mirrored in Mexico's fragmented cultural production of the same period. Contemporary Mexican literature grapples with this splintered reality through non-linear stories from multiple perspectives, often told through shifts in time. The novels, such as Jorge Volpi's Una novela criminal [A Novel Crime] (2018) and Julián Herbert's La casa del dolor ajeno [The House of the Pain of Others] (2015) take multiple perspectives and follow non-linear plotlines; other examples, such as the very short stories in ¡Basta! 100 mujeres contra la violencia de género [Enough! 100 Women against Gender-Based Violence] (2013), present perspectives from multiple authors.Few scholars compare cultural production and legal texts in situations like Mexico, where extreme violence coexists with a high number of human rights laws. Unlawful Violence: Mexican Law and Cultural Production (Vanderbilt UP, 2022) measures fictional accounts of human rights against new laws that include constitutional amendments to reform legal proceedings, laws that protect children, laws that condemn violence against women, and laws that protect migrants and Indigenous peoples. It also explores debates about these laws in the Mexican house of representatives and senate, as well as interactions between the law and the Mexican public. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the latest episode of Madison’s Notes, I spoke with Janie Nitze, co-author of Over Ruled: The Human Toll of Too Much Law (Harper, 2004), a book written alongside Supreme Court Justice Neil Gorsuch. Janie, a Harvard-educated attorney and former clerk for Justices Sonia Sotomayor and Neil Gorsuch, discussed the growing complexity of laws in America and their impact on everyday citizens. The book shares stories of ordinary Americans—fishermen in Florida, families in Montana, monks in Louisiana, and more—who find themselves caught in legal mazes created by an overwhelming and often opaque system of regulations.Janie explained that while laws are necessary to maintain order and freedom, the sheer volume and complexity of modern regulations can undermine those principles. She highlighted how excessive laws, many of which are created by unelected agency officials, disproportionately affect those without wealth or power. Through these stories, Over Ruled shows how overregulation can erode trust in the legal system and create unintended consequences for individuals navigating their lives.Janie’s perspective, shaped by her work at the Supreme Court, the Department of Justice, and the Privacy and Civil Liberties Oversight Board, provided a clear look at the challenges of balancing regulation and individual liberty. Over Ruled is a timely exploration of these issues, and this episode offers a deeper understanding of the human cost of too much law. Tune in to hear Janie’s insights and learn more about the stories behind the book.Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Alexandra Grey speaks with Karen McAuliffe about multilingual law-making.Karen is a Professor of Law and Language at Birmingham Law School in the UK. The conversation is about the important legal opinions delivered by the Advocates General at the European Court of Justice, and the effects of Advocates General drafting those opinions in their second or third language and with multilingual support staff.It builds on a chapter written by Karen McAuliffe, Liana Muntean & Virginia Mattioli in the book Researching the European Court of Justice, edited by Madsen, Nicola and Vauchez and published by Cambridge University Press in 2022.For additional resources, show notes, and transcripts, go here. You can also follow Alexandra on LinkedIn and Karen on BlueSky @profkmca.bsky.social. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Constitutional Ratification Without Reason (Oxford UP, 2022) focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure’s worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains for the first time the procedure’s effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, experts should not recommend ratification as a matter of course, practitioners should not reach for it uncritically, and—more generally—one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.Jeffrey Lenowitz is the Meyer and W. Walter Jaffe Associate Professor of Politics at Brandeis University, focusing on political theory. His research explores the the procedures uses to create new constitutions; constituent power and constitutional theory; the concept of legitimacy in the social sciences; voting ethics; and other aspects of democratic theory and institutional design. Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

While full- and part-time college faculty and lecturers go about their jobs—doing all that is seen (teaching and publishing) and unseen (class prep, grading, and researching)—little, if any time is given to the uncomfortable acknowledgment that those acts have legal ramifications. Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know (2025, Rowman & Littlefield) thoughtfully addresses topics that are vital for those in academia.Kent Kauffman is an Associate Professor of Business Law at Purdue University Fort Wayne.Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this conversation, we sit down with John D. Wilsey, Professor of Church History and Philosophy at The Southern Baptist Theological Seminary and Senior Fellow at the Center for Religion, Culture, and Democracy, to tackle the urgent and often contentious topic of religious freedom in America. Drawing from his forthcoming book, Religious Freedom: A Conservative Primer (William B. Eerdmans, 2025), Wilsey examines how conservatives have historically understood religious freedom, how those views have evolved, and why the gap between past and present perspectives matters in today’s culture, and how it is the bedrock of American Government.Wilsey addresses issues at the heart of this debate: How has the conservative understanding of religious freedom shifted, and what are the consequences of that shift?Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad.Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-life problems. She is a member of Independent SAGE providing accessible updates on the national and international Covid-19 situation since May 2020. She has published in public-facing venues such as The Conversation and her free Substack, Diving into Data & Decision making. You can follow her on social media.Mentioned in the podcast:Christina’s 2/13/25 Substack, "So this is how liberty dies… " Making sense of Trump's first three weeks (categorizing 76 Trump administration actions and demonstrating how they align with authoritarianism).Christina’s 2/17/25 Substack, How to fight back: charting opposition to the actions of the Trump administration (showing how Blue states, labor organizations, and civil rights groups are doing the most – and what can be learned from them).The Just Security’s Litigation Tracker based at the Reiss Center on Law and Security at New York University School of Law.Vox’s 2/12/25 Unexplainable podcast, “Is Science in Danger?” (20 minutes) Noam Hassenfeld interviewing Derek Dowe (chemist/science writer) Transcript or podcast.Susan’s interview with Corey Brettschneider on his new Norton book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Elsa Stamatopoulou’s Indigenous Peoples in the International Arena: The Global Movement for Self-Determination (Routledge 2025) provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement.In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources.Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.Elsa Stamatopoulou is Director of the Indigenous Peoples’ Rights Program and Adjunct Professor in the Institute for the Study of Human Rights, the Department of Anthropology, and the Center for the Study of Ethnicity and Race at Columbia University, USA. Elsa is also Former (the first) Chief of the Secretariat of the UN Permanent Forum on Indigenous Issues (among other functions at the UN).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