New Books in Law

New Books Network
New Books in Law

Interviews with Scholars of the Law about their New Books Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

  1. 23 HR AGO

    Melissa Vise, "The Unruly Tongue: Speech and Violence in Medieval Italy" (U Pennsylvania Press, 2025)

    The Unruly Tongue: Speech and Violence in Medieval Italy (University of Pennsylvania Press, 2025) by Dr. Melissa Vise, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, Dr. Vise locates the history of the repression of speech not in Europe’s monarchies but rather in Italy’s republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Dr. Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe. The medieval citizens of Italy’s republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom. Speech-making was the means for speaking the republic itself into existence against the opposition of aristocracy, empire, and papacy. But because words had power, they could also be deployed as weapons. Speech contained the potential for violence and presented a threat to political and social order, and thus needed to be controlled. Dr. Vise shows how the laws that governed and curtailed speech in medieval Italy represented broader cultural understandings of human susceptibility to speech. Tracing anthropologies of speech from religious to political discourse, from civic courts to ecclesiastical courts, from medical texts to the works of Dante and Boccaccio, The Unruly Tongue demonstrates that the thirteenth century marked a major shift in how people perceived the power, and the threat, of speech: a change in thinking about “what words do.” 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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    52 min
  2. 3 DAYS AGO

    Kristin A. Olbertson, "The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776" (Cambridge UP, 2022)

    The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 (Cambridge University Press, 2022) by Dr. Kristin Olbertson is the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness. Analyzing provincial statutes and hundreds of criminal prosecutions, Dr. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effectuate the British Empire. In this unique and fascinating work, Dr. Olbertson reveals how ordinary people interacted with and shaped legal institutions. 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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    46 min
  3. 4 DAYS AGO

    Kimberly Clausing, "Open: The Progressive Case for Free Trade, Immigration, and Global Capital" (Harvard UP, 2019)

    Critics on the Left have long attacked open markets and free trade agreements for exploiting the poor and undermining labor, while those on the Right complain that they unjustly penalize workers back home. In Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019), Kimberly Clausing takes on old and new skeptics in her compelling case that open economies are actually a force for good. Turning to the data to separate substance from spin, she shows how international trade makes countries richer, raises living standards, benefits consumers, and brings nations together. At a time when borders are closing and the safety of global supply chains is being thrown into question, she outlines a clear agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy and establish a better partnership between labor and the business community. Kimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy at the UCLA School of Law. During the first part of the Biden Administration, Clausing was the Deputy Assistant Secretary for Tax Analysis in the US Department of the Treasury, serving as the lead economist in the Office of Tax Policy. Prior to coming to UCLA, Clausing was the Thormund A. Miller and Walter Mintz Professor of Economics at Reed College. Professor Clausing is also a nonresident senior fellow at the Peterson Institute for International Economics, a member of the Council on Foreign Relations, and a research associate at the National Bureau of Economic Research. She has worked on economic policy research with the International Monetary Fund, the Hamilton Project, the Brookings Institution, the Tax Policy Center, and the Center for American Progress. She has testified before the House Ways and Means Committee, the Senate Committee on Finance, the Senate Committee on the Budget, and the Joint Economic Committee. Professor Clausing received her B.A. from Carleton College in 1991 and her Ph.D. from Harvard University in 1996, both in economics. Other New Books Networks interviews on related themes include Yale economist Penny Goldberg, former Chief Economist of the World Bank, on The Unequal Effects of Globalization, Princeton economist Leah Boustan on how immigrants have contributed to and rapidly assimilated into US society, and University of Massachusetts economist Isabella Weber on China's process of integration into the world economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    1h 3m
  4. 5 DAYS AGO

    Jorge Goldstein, "Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology" (Georgetown UP, 2025)

    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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    1h 7m
  5. 5 MAR

    Over Ruled: The Human Toll of Too Much Law--A Conversation with Janie Nitze

    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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    44 min
  6. 5 MAR

    Rebecca Janzen, "Unlawful Violence: Mexican Law and Cultural Production" (Vanderbilt UP, 2022)

    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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    1 hr
  7. 4 MAR

    Jeffrey A. Lenowitz, "Constitutional Ratification Without Reason" (Oxford UP, 2022)

    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/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    1h 1m

About

Interviews with Scholars of the Law about their New Books Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

More From New Books Network

You Might Also Like

To listen to explicit episodes, sign in.

Stay up to date with this show

Sign in or sign up to follow shows, save episodes and get the latest updates.

Select a country or region

Africa, Middle East, and India

Asia Pacific

Europe

Latin America and the Caribbean

The United States and Canada