New Books in Law

As Americans increasingly depend upon their phones, computers, and internet resources, their actions are less private than they believe. Data is routinely sold and shared with companies who want to sell something, political actors who want to analyze behavior, and law enforcement who seek to monitor and limit actions.In The Private is Political: Identity and Democracy in the Age of Surveillance Capitalism (NYU Press, 2025), law professor Ray Brescia explores the failure of existing legal systems and institutions to protect people’s online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. Surveillance, he suggests, will ultimately stifle our ability to live full lives, realize democracy, and shape the laws that affect our privacy itself.Brescia writes that “The search for identity and communion with others who share it has never been easier in all of human history. At the same time, our individual and collective identity is also under threat by a surveillance state like none that has ever existed before. This surveillance can be weaponized, not just for profit but also to promote political ends, and undermine efforts to achieve individual and collective self-determination”The book identifies the harms to individuals from privacy violations, provides an expansive definition of political privacy, and identifies the ‘integrity of identity’ as a central feature of democracy. The Private is Political lays out the features of Surveillance Capitalism and provides a roadmap for “muscular disclosure”: a comprehensive privacy regime to empower consumers to collectively safeguard privacy rights.Professor Ray Brescia is the Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of many scholarly works including Lawyer Nation: The Past, Present, and Future of the American Legal Profession (from NYU Press) and The Future of Change: How Technology Shapes Social Revolutions (from Cornell UP). He is also the author of public facing work, most recently “Elon Musk’s DOGE is executing a historically dangerous data breach” on MSNBC. He started his legal career at the Legal Aid Society of New York where he was a Skadden Fellow, and then served as the Associate Director at the Urban Justice Center, also in New York City, where he represented grassroots groups like tenant associations and low-wage worker groups. Ray’s blog is “The Future of Change” and you can find him on LinkedIn.Mentioned: Shoshana Zuboff on surveillance capitalism Supreme Court upholds TikTok ban, Amy Howe, SCOTUSBLOG Kevin Peter He on “data voodoo dolls” Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions.In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized.Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.This interview was conducted by Dr. Miranda Melcher whose new 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When we think about "red tape" and the cost of regulation it's hard to overstate the impact of professional licensing. According to Professor Rebecca Haw Allensworth, it's bigger than unions and more expensive than sales taxes.Millions of American workers are required - by law - to obtain a license in order to work. This barrier of entry depends on requirements set by licensing boards staffed mainly by members of the profession they oversee. It limits the number of people who can serve and also confers on licensees a certain degree of prestige and trust. In The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong (Harvard UP, 2025), Allensworth goes deep into a complex web of conflicting priorities. Whether it's hair stylists or doctors, plumbers or lawyers, licensing board members are asked to simultaneously represent their personal practice, fellow professionals, and the public. They have to literally "wear three hats", which leads to well-intentioned, but deeply flawed and biased, decision making.Consumers depend on licensing boards to ensure that professionals maintain high quality and reliability standards by creating - and enforcing - licensing standards. In reality, their decisions can be maddeningly arbitrary, creating unnecessary barriers to hopeful practitioners while simultaneously failing to protect the public from bad actors who abuse the trust placed in them.Despite good intent, board members lack the resources and sometimes the will to investigate even serious disciplinary cases. The consequences include, but are not limited to, the failure of medical licensing boards to remove the abusive doctors who fueled the opioid crisis and a system that allows unethical predatory lawyers to continue to practice, often targeting clients who are unable to protect themselves.While in some areas licensing is deeply flawed, in others it is critical to a well-functioning society. Allensworth argues for abolition where appropriate and reform where it is most needed.See Professor Allensworth's faculty profile videoAuthor recommended reading: - Demon Copperhead by Barbara Kingsolver - Drug Dealer, MD by Anna Lembke, MD Hosted by Meghan Cochran Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration.In Borders and Belonging: Toward a Fair Immigration Policy (Oxford University Press, 2025), Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept—national borders—and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical borders, who should be let in or kept out? How should people forced to migrate be treated? Should newcomers be admitted temporarily or permanently? How should those with lawful immigration status be treated? What is the best role for enforcement in immigration policy? To what extent does the arrival of newcomers hurt long-time residents? What are the "root causes" of immigration and how can we address them?Realistic about the desire of most citizens for national borders, this book is an indispensable guide for moving toward ethical borders and better immigration policy.This interview was conducted by Dr. Miranda Melcher whose new 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This conversation includes James Boyle, Duke University; Jeffrey Herlihy-Mera, UPR-M; Héctor José Huyke, UPR-M, and Natalia Bustos, UPR-M.This is the first of two episodes about The Line: AI and the Future of Personhood. The second, in Spanish, will appear on the New Books Network en español. The series is sponsored by the Encuentros descoloniales focal group at Instituto Nuevos Horizontes at UPRM, a group of scholars who consider how decolonial approaches ​​can provide nuance in scientific knowledge.This episode and the Instituto Nuevos Horizontes at the UPRM have been supported by the Mellon Foundation. The conversation is part of the “STEM to STEAM” project of the “Cornerstone” initiative, sponsored by the Teagle Foundation, which stresses the importance of integrating humanistic perspectives in the sciences.The Line: AI and the Future of Personhood is available online for free through the MIT website per the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I’m speaking with Shimon Shetreet, Greenblatt Chair of Public and International Law at the Hebrew University and a former politician. We are discussing his recently published work, co-edited with Hiram Chodosh, titled Judicial Independence: Cornerstone of Democracy. Democracies around the world, from Israel and Mexico to Poland and Hungary, are grappling with challenges to judicial independence. Attacks on judicial independence often masquerade as attempts to strengthen democracy, despite the necessity of judicial independence to uphold constitutionality, hold no one above the law, and protect the most vulnerable people. This volume offers a truly comprehensive view of the global challenges facing judicial independence.Shimon Shetreet is an Israeli former politician who held several ministerial portfolios between 1992 and 1996. He is currently the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem.Caleb Zakarin is editor at the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

International Development Law: Rule of Law, Human Rights & Global Finance (Springer, 2020) describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. It provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author’s professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.Rumu Sarkar is Adjunct Law Professor at Case Western Reserve University School of Law.Caleb Zakarin is editor at the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How the US asylum process fails to protect against claims of gender-based violence.Through eyewitness accounts of closed-court proceedings and powerful testimony from women who have sought asylum in the United States because of severe assaults and death threats by intimate partners and/or gang members, Private Violence: Latin American Women and the Struggle for Asylum (NYU Press, 2024) examines how immigration laws and policies shape the lives of Latin American women who seek safety in the United States. Carol Cleaveland and Michele Waslin describe the women's histories prior to crossing the border, and the legal strategies they use to convince Immigration Judges that rape and other forms of "private violence" should merit asylum - despite laws built on Cold War era assumptions that persecution occurs in the public sphere by state actors.Private Violence provides much-needed recommendations for incorporating a gender-based lens in the asylum process. The authors demonstrate how policy changes across Presidential administrations have made it difficult for survivors of "private violence" to qualify for asylum. Private Violence paints a damning portrait of America's broken asylum system. This volume illustrates the difficulties experienced by Latin American women who rely on this broken system for protection in the United States. It also illuminates women's resilience and the determination of immigration attorneys to reshape asylum law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice (Oxford University Press, 2024), Chaya T. Halberstam challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care.Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts.Interviewee: Chaya T. Halberstam is Professor of Religious Studies at King's University College, University of Western Ontario.Host: Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas.With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt: Bankruptcy, International Law, and the Making of Latin America (Oxford University Press, 2024) by Dr. Edward Jones Corredera studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring role in the construction and codification of national constitutions, identities, and international legal norms in Latin America.This new history of the moral economy of the Hispanic World from the 1520s to the 1920s illuminates contemporary issues in international law and international relations. Latin American jurists developed a global critique of economics and international law that continues to generate pressing questions about debt, bankruptcy, reparations, and the pursuit of a moral global economy.This interview was conducted by Dr. Miranda Melcher whose new 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law