New Books In 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 fo

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 theoretica

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

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.

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 memb

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,

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 w

There is a hidden addiction plaguing humanity right now: revenge. Researchers have identified retaliation in response to real and imagined grievances as the root cause of most forms of human aggression and violence. From vicious tweets to road rage, murder-suicide, and armed insurrection, perpetrators almost always see themselves as victims seeking justice. Chillingly, recent behavioral and neuroimaging studies of the human brain show that harboring a personal grievance triggers revenge desires and activates the neural pleasure and reward circuitry of addiction.Although this behavior is ancient and seems inevitable, by understanding retaliation and violence as an addictive brain-biological process, we can control deadly revenge cravings and save lives. In The Science of Revenge: Understanding the World's Deadliest Addiction—and How to Overcome It (Random House, 2025), Yale violence researcher and psychiatry lecturer James Kimmel, Jr., JD, uncovers the truth behind why we want to hurt the people who hurt us, w

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 solu

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

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 const

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 interdisciplin

The criminalization of Black youth was central to policing in urban America during the civil rights era and continued in Detroit even after the rise of Black political control in the 1970s. Wildcat of the Streets documents how the “community policing” approach of Mayor Coleman Young (1974–1993)—including neighborhood police stations, affirmative action hiring policies, and public participation in law enforcement initiatives—transformed Detroit, long considered the nation’s symbol of racial inequality and urban crisis, into a crucial site of experimentation in policing while continuing to subject many Black Detroiters to police brutality and repression. In response, young people in the 1970s and 1980s drew on the city’s storied history of labor radicalism as well as contemporary shopfloor struggles to wage a “wildcat of the streets,” consisting of street disturbances, decentralized gang activity, and complex organizations of the informal economy. In this revelatory new history of the social life of cities, Mi

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 result

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,

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 ch

All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and

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 inte

How has the digital revolution transformed criminal opportunities and behaviour? What is different about cybercrime compared with traditional criminal activity? What impact might cybercrime have on public security? In this updated edition of his authoritative and field-defining text, cybercrime expert David Wall carefully examines these and other important issues. Incorporating analysis of the latest technological advances and their criminological implications, he disentangles what is really known about cybercrime today. An ecosystem of specialists has emerged to facilitate cybercrime, reducing individual offenders’ level of risk and increasing the scale of crimes involved. This is a world where digital and networked technologies have effectively democratized crime by enabling almost anybody to carry out crimes that were previously the preserve of either traditional organized crime groups or a privileged coterie of powerful people. Against this background, the author scrutinizes the regulatory challenges th

A unique and thorough work of intellectual history and legal scholarship Stereoscopic Law: Oliver Wendell Holmes and Legal Education (Cambridge University Press, 2020) by Alexander Lian, a practicing commercial litigator, reconstructs Oliver Wendell Holmes’ as a pioneering legal pedagogue and sophisticated theoretician of law and the ‘reality of practice’. Lian advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes' perspective on legal education. Through meticulous analysis, Lian cogently shows that Holmes’ ‘theory of legal study’ broke down artificial barriers between theory and practice. For contemporary legal educators—and anyone interested in the history of America’s legal tradition—Stereoscopic Law reformulates Holmes’ fundamental message: the law must be seen, taught, and practiced three-dimensionally. Alexandar Lian practices commercial litigation in Miami, FL. Since 2008, he has been a solo practitioner. Alexander Li