New Books in Law

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This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field. Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/ Follow us on Instagram and Bluesky to learn about more our latest interviews: @newbooksnetwork Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

  1. 3d ago

    Racist by Design: Two Centuries of U.S. Immigration Control with Kelly Lytle Hernández (Norton, 2026)

    Kelly Lytle Hernández joins Michael Stauch to discuss how the US immigration system has always been “racist by design.” Many Americans’ understanding of the immigration system begins with the Chinese Exclusion Act of the late nineteenth century. In Racist by Design: Two Centuries of U.S. Immigration Control (Norton, 2026), Lytle Hernández expands that history by a full century, showing how the Haitian Revolution of the 1790s inspired not only America’s first immigration bans (to prevent news of a free Black republic from reaching our shores) but also its first refugee resettlement program (to welcome and support Haiti’s evicted enslavers.) She explains how Chinese Exclusion led the Supreme Court to disconnect immigration laws from the constitution. She reveals how eugenicists and Jim Crow segregationists built much of our current immigration regime as expressly "whites-only," and shows how during the Civil Rights Movement, Congress amended this system but never abolished it, leaving many of the regime’s racist rules and rituals intact today.  Highlights include:  - How an “Exclusion Quartet” of rulings by the Supreme Court in the late 19th century “unhinged” the Constitution from immigration policy; - How the “family reunification” clause of the 1965 Immigration and Nationality Act, meant to favor European migrants, combined with global instability in the 1970s and ‘80s to create an enormous wave of non-white immigrants to the United States; - What changed (and didn’t change) in immigration policy during World War II and the Cold War;  - How guestworker programs, asylum restrictions, and the US “visa dome” contribute to the racist-by-design immigration regime;  - How immigrants and their advocates have long used cracks and loopholes in immigration legislation to create space for themselves in the United States.  Guest: Kelly Lytle Hernández is a Professor in the Departments of History, African American Studies, and Urban Planning at UCLA where she also holds the Thomas E. Lifka Endowed Chair of History. She is one of the nation’s leading experts on race, immigration, and mass incarceration, and the author of the award-winning books Migra! A History of the U.S. Border Patrol (University of California Press, 2010), City of Inmates: Conquest, Rebellion, and the Rise of Human Caging in Los Angeles (University of North Carolina Press, 2017), and Bad Mexicans: Race, Empire, and Revolution in the Borderlands (W. W. Norton, 2022).  Host: Michael Stauch is an associate professor of history at the University of Toledo and the author of Wildcat of the Streets: Detroit in the Age of Community Policing, published by the University of Pennsylvania Press in 2025. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  2. Sep 29

    Smuggling Law: Unsettled Sovereignties in Turkey's Kurdish Borderlands with Fırat Bozçalı (Stanford UP, 2025)

    The Kurdish-populated Wan/Van Province is a major smuggling hub between Turkey and Iran. Kurdish smugglers cross this 180-mile-long land border, transporting everyday consumer goods—fuel, tobacco, sugar, and tea—as well as more illicit goods, and the province supports the financial, technical, and labor capacities that sustain these smuggling economies. As the Turkish state has enacted increasingly punitive anti-smuggling laws, smuggling has also become a site of contentious politics. Smuggling Law: Unsettled Sovereignties in Turkey’s Kurdish Borderlands (Stanford UP, 2025) explores anti-smuggling law enforcement and criminal prosecutions to reveal a key site—the criminal court—where borders and claims of sovereignty are simultaneously remade and disrupted. Taking readers from border villages, mountain passes, and road checkpoints to courtrooms, law offices, and forensic laboratories, Fırat Bozçalı examines how Kurdish smugglers, with the help of their lawyers, legally disrupt state sovereignty in criminal courts. Kurdish smugglers and lawyers adopt and rework procedures, rules, and reasonings in ways that interrupt the courts' capacity to coopt, discipline, and oppress. Bozçalı theorizes this evasive engagement with the legal system as a strategy of techno-legal politics among marginalized and persecuted groups, one that extends beyond the Kurdish case. Smuggling Law holds profound relevance in today's world, where ever-expanding regimes of surveillance, oppression, and dispossession unfold in the broader contexts of the global war on terror and data-driven capitalism.   Fırat Bozçalı is Associate Professor of Anthropology at the University of Toronto. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  3. Sep 24

    Sara C Bronin, "Key to the City: How Zoning Shapes Our World" (Norton, 2024)

    For those concerned with how city hall can shape the look and feel of a neighborhood, the mere mention of zoning may invite denunciation of zoning practices that contributed substantially to the housing crisis and so limited neighborhood development that you have to get in your car to pick up a quart of milk. In her readable Key to the City: How Zoning Shapes Our World (Norton, 2024), Sara Bronin, the Freda Alverson Professor of Law at George Washington University, points out if you want to put up a single-family house of around 2,500 square feet, then at a minimum you may be required to purchase a 43,350 square foot (one acre) lot on which you but nobody else can build. No wonder we have a housing shortage. And after you move in, you will likely find yourself living in a neighborhood zoned “residential,” that is without stores or businesses within walking distance. So it will be necessary to own a car for shopping and just about everything else.  In this conversation and in Key to the City, Professor Bronin suggests addressing the housing shortage by amending local zoning to make it possible to build several houses per acre. Then too neighborhoods currently zoned “residential” might re-designated for “mixed uses” so that one might walk to stores and restaurants. But Bronin cautions that however inviting the notion of strolling over to the grocery, café or bookstore, how would you feel if a gas station, used car lot or strip joint opened in your neighborhood? By no means confined to the ivory tower, Professor Bronin, who served for seven years on Hartford’s Planning and Zoning Commission, recognizes that the underlying purpose of zoning––to protect the homeowner from unwanted intrusions––remains valid. And after showing how Hartford, Minneapolis, Tucson, and Baltimore went about revising their zoning ordinances, she concludes that zoning remains an essential tool for developing decent neighborhoods. She then implicitly invites us to take a walk around the block to consider what might be done to make our neighborhood all the better.      Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  4. Sep 23

    Lee M. Panich and Gustavo Flores, "We Will Receive Justice: Native Histories of the Collapse of the California Missions" (U Nebraska Press, 2026)

    We Will Receive Justice: Native Histories of the Collapse of the California Missions (U Nebraska Press, 2026) by Dr. Lee M. Panich & Gustavo Flores explores how Native people in the southern San Francisco Bay Area—the ancestors of today’s Ohlone community—navigated the collapse of the California mission system. The volume spans from Mexican independence in 1821 through the region’s annexation by the United States in 1846, as Native people from Mission Santa Clara and Mission San José fought for emancipation and restitution amid rapidly changing colonial circumstances.  The narrative is driven by a reexamination of archives related to the Pueblo of San José, the territorial capital of Monterey, and early U.S. court cases regarding Mexican-era land grants, contextualized through an in-depth analysis of mission records that illuminate the complex social connections of Native individuals and families. We Will Receive Justice offers an ethnohistorical lens for viewing the Indigenous history of Mexican California, examining not simply the history of colonization but how Native people drew on cultural traditions and social relationships to create new lives for themselves in the wake of the Franciscan mission system.  This interview was conducted by Dr. Miranda Melcher whose 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. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  5. Sep 15

    Tom Hulme, "Belfastmen: An Intimate History of Life Before Gay Liberation" (Cornell UP, 2026)

    Professor Tom Hulme's second book reconstructs the erotic and romantic lives of queer men in Belfast across roughly seventy years, from the recriminalisation of sex between men in the 1880s to the emergence of a mainstream public debate about homosexuality in the 1950s. It follows men cruising the city centre, reading and passing around homosexual novels, forging relationships across the lines of class and religion, and navigating a world that was often more knowing and more tolerant than Northern Ireland's later reputation would suggest. Where we might expect only shame and fear, Hulme finds pride, defiance, and a guarded everyday acceptance, though one whose limits fell hard on those caught with much younger partners, and one that narrowed sharply after the Second World War. Belfastmen: An Intimate History of Life Before Gay Liberation (Cornell UP, 2026) is built from two very different archives, the criminal record of some sixty Belfast court cases and shaped by the violence of policing, and the extraordinary personal diaries of David Strain, forty-three volumes and perhaps two million words, brought into scholarly use here for the first time. Out of that pairing Hulme develops the book's broader argument, a case for intimate, emotionally invested methods in the history of sexuality, and two organising ideas: the "intimate queer city," in which Belfast's very scale and familiarity shaped how men met and loved, and the "queer Irish world," which places sailors, the docks, and migration between Belfast, Liverpool, and New York at the centre of the story. Along the way the book takes up religion and respectability, masculinity on trial, and the entanglement of queerness with the ethnonational and sectarian order of Ulster. Belfastmen is published open access by Cornell University Press and can be read for free through the Cornell Open initiative. About the author Tom Hulme is a professor at Queen's University Belfast and a cultural historian of modern Britain and Ireland. He is Principal Investigator of the Arts and Humanities Research Council project Queer Northern Ireland: Sexuality Before Liberation, run with Professor Leanne McCormick, and the author of After the Shock City: Urban Culture. His work on queer history has appeared in Irish Historical Studies, The History of the Family, and the Journal of the History of Sexuality, and his research has been covered in the Guardian and the Irish Times. About the host Niall Herron is a PhD researcher in Anthropology at Queen's University Belfast. His ethnographic work examines queer experience during the Northern Ireland Troubles, taking the everyday as a focal point for how queerness and space were assembled across the period, and how sexuality, gender, region, ethnonational identity, and class were bound up together. His writing has appeared in the anthropology journal Ethnos and the academic queer history blog NOTCHES. Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  6. Sep 15

    Samantha Barbas, "Hate Speech: The Legal and Cultural History of an American Dilemma" (U California Press, 2026)

    The United States has no hate speech laws; hate speech is generally considered to be free speech under the First Amendment. In Hate Speech: The Legal and Cultural History of an American Dilemma (U California Press, 2026), acclaimed legal historian Samantha Barbas chronicles the country’s legal and cultural battles over the regulation of hate speech in the last hundred years. Charting the historical context for current debates, she ultimately argues that, however emotionally appealing they may seem, hate speech laws undermine civil rights and democracy.The American policy on hate speech evolved from influences such as the civil rights movement, which contended that the most effective way to combat hate speech wasn’t through proposed laws. Rather than imposing restrictions, the US has developed an array of mechanisms other than law, including counterspeech and public education, that have been relatively effective at dealing with hate speakers and hate groups. Though not perfect, our method of addressing hate is less dangerous than government censorship and less likely to be weaponized against the powerless.  This interview was conducted by Dr. Miranda Melcher whose 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. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  7. Sep 13

    Janos Fiala-Butora, "Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities: Supporting the Legal Capacity of All Persons with Disabilities" (Hart, 2025)

    Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities: Supporting the Legal Capacity of All Persons with Disabilities (Hart, 2025) addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions?Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement.In this book, Dr Janos Fiala-Butora tackles the issue of decision-making from both a legal and theoretical perspective. He explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. The book accepts that some persons' abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD. Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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About

This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field. Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/ Follow us on Instagram and Bluesky to learn about more our latest interviews: @newbooksnetwork Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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