New Books in Law

New Books Network

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. 8H AGO

    Jamila Michener and Mallory E. Sorelle, "Uncivil Democracy: How Access to Justice Shapes Political Power" (Princeton UP, 2026)

    Each year, as many as 250 million Americans face civil legal problems like eviction, debt collection, and substandard housing. These problems are disproportionately shouldered by racially and economically marginalized people, particularly women of color. Civil courts and legal aid organizations are supposed to protect their rights, yet more than 90 percent of low-income people receive inadequate or no legal assistance. Instead, access to justice is reserved for those who can afford its high price. For those who can’t, the repercussions can be devastating, from homelessness and loss of public benefits to broken families and diminished health. Uncivil Democracy: How Access to Justice Shapes Political Power (Princeton UP, 2026) looks at the US civil justice system through the eyes of the people whose very citizenship is indelibly shaped by it. Jamila Michener and Mallory SoRelle show how civil legal problems, and the institutions meant to address them, greatly erode trust in the legal system among marginalized communities, undermining their broader sense of democratic citizenship and political standing. While legal representation offers vital protections, increased access to justice through an ever-growing supply of lawyers does not address the structural problems that generate demand for lawyers in the first place. Looking at cases involving unfair evictions and substandard housing, Michener and SoRelle demonstrate how community groups such as tenants’ unions can fill this justice gap and provide the means to build political power that transforms the conditions that create precarity. Drawing on eye-opening qualitative evidence and a wealth of historical and survey data, Uncivil Democracy explains why collective organizing holds the greatest promise for altering the systems that create civil legal problems and exercising the political power necessary for meaningful change. Host Ursula Hackett is Reader in Politics at Royal Holloway, University of London, where she specialises in the study of public policymaking and litigation in the US. A former British Academy Mid-Career Fellow, she is the author of the award-winning book,America’s Voucher Politics: How Elites Learned to Hide the State (Cambridge University Press, 2020). Jamila Michener is Professor of Government and Public Policy at Cornell University and inaugural director of the Center for Racial Justice and Equitable Futures. She is the author of the award-winning book,  Fragmented Democracy: Medicaid, Federalism, and Unequal Politics (Cambridge University Press, 2018). Mallory SoRelle is the Tony and Teddie Brown Associate Professor of Public Policy at the Sanford School of Public Policy at Duke University. She is the author of Democracy Declined: The Failed Politics of Consumer Financial Protection (University of Chicago Press, 2020), based on her award-winning doctoral dissertation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    56 min
  2. 8H AGO

    Sally Frances Low, "Colonial Law Making: Cambodia Under the French" (NUS Press, 2023)

    In 1863 the French established a protectorate over the kingdom of Cambodia. The protectorate, along with Vietnam and Laos, later became part of the colonial state of French Indochina. Part of the French ‘civilizing mission’ in Cambodia involved reforming Cambodian law and legal processes.  Sally Low’s pioneering study, Colonial Law Making: Cambodia under the French (NUS Press, 2023), tells the story of the encounter between what she calls two different legal and social ‘cosmologies’: Cambodia’s indigenous legal tradition and modern French legal thinking. While the French claimed they were modernizing Cambodian law, in fact they imposed many elements of French law. Initially, they dispossessed the king of much of his judicial authority. But ironically, the French reform of Cambodian law retained the monarchy as the semi-divine source of law, and royal power was subsequently legally embedded into new national institutions, the law, and the constitutions. At independence in 1953, 90 years after the French began their protectorate, Cambodia’s King Sihanouk inherited this legal apparatus which had done so much to enhance the power of the executive over the judiciary. Patrick Jory teaches Southeast Asian History in the School of Historical and Philosophical Inquiry at the University of Queensland. He can be reached at: p.jory@uq.edu.au. 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. 4D AGO

    Mélanie Lamotte, "By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire" (Harvard UP, 2026)

    From the beginning of the seventeenth century, French colonies and trading posts sprawled across the Atlantic and Indian Oceans. In the first pan-imperial history of the early French Empire in the English language, Mélanie Lamotte shows how an increasingly cohesive legal culture came to govern the lives of enslaved and free people of African, Malagasy, South Asian, and Native American descent. She also illuminates the important role played by these populations in the development of the empire, from Louisiana to Guadeloupe, Senegambia, Madagascar, Isle Bourbon, and India. The early French Empire has often been portrayed as a fragmented conglomerate of isolated colonies or regions. Yet Lamotte shows that racial policies issued by the metropole, as well as by officials in the Atlantic and Indian Oceans, significantly influenced one another. Rather than focusing on the actions of administrators, however, Lamotte also reveals the extensive influence of people on the ground—especially those of non-European descent. Through their sexuality and their labor, along with their socio-economic and political endeavors, they played a critical role in building the empire and setting its limits. As they sought justice for themselves, strove to protect their kin, and aimed to improve their social conditions, these individuals also pushed against the advancement of white dominion in unexpected ways. Archivally rich and rigorously documented, By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire (Harvard UP, 2026) illuminates the transoceanic connections that united the French colonial world—and recasts people of African, Malagasy, South Asian, and Native American descent as key actors in the story of empire-building. This interview is conducted by Dr Lewis Wade, a Humboldt Research Fellow at the University of Bamberg. He is the author of the prize-winning Privilege, Economy and State in Old Regime France and can be found on Bluesky @wadehistory.bsky.social. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    27 min
  4. FEB 13

    Lys Kulamadayil, "Pathology of Plenty: Natural Resources in International Law" (Bloomsbury 2025)

    In Pathology of Plenty: Natural Resources in International Law (Bloomsbury 2025), Lys Kulamadayil offers a crucial examination of how international law shapes the exploitation of natural resources in post-colonial States. Kulamadayil reveals how international legal rules can be constitutive, punitive, remedial in creating the paradox of plenty in resource-rich States. The book revisits the making of foundational principles like sovereignty over natural resources and economic self-determination as applied during decolonisation; explores how humanitarian frameworks have justified extraction of public natural resources; and traces the proliferation of international treaties that protect foreign property rights. The book also zooms in on legal paradigms ranging from contract law to anti-corruption, human rights, and criminal law, arguing that these frameworks often work together to create the pathology of plenty. Through this interrogation, the book points to proposals to escape siloed ways of thinking about natural resources and embrace an intersectoral and anti-carceral thinking instead. Lys Kulamadayil is a Swiss National Science Foundation Ambizione Fellow at the Graduate Institute of International and Development Studies in Geneva and the Principal Investigator of the project Law by Colour Code: Locating Race and Racism in International Law. Raghavi Viswanath is a postdoctoral researcher and teaching fellow at SOAS, University of London. Her research, supported by the Leverhulme Trust, examines how pastoralists claim grazing rights under India’s Forest Rights Act 2006 and how the everyday processes of staking such claims has been impacted by the authoritarian turn in India. LinkedIn. Email:rv13@soas.ac.uk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    1h 6m
  5. FEB 9

    Charles Alistair McCrary, "Sincerely Held: American Secularism and Its Believers" (U Chicago Press, 2022)

    "Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era. Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis. Read more by Charles McCrary: "The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022 "The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022 "The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    55 min
  6. FEB 8

    Jacob Mchangama, "Free Speech: A History from Socrates to Social Media" (Basic Books, 2022)

    Jacob Mchangama, founder and director of the think tank Justitia, has written a one-volume history of freedom of thought, which ranges from the lone Demosthenes of 4th-century BCE Athens to the recent controversies regarding Donald Trump. In Free Speech: A History from Socrates to Social Media (Basic Books, 2022), Mchangama argues that the history of freedom of thought has recurrent themes, such as a free speech entropy: the perception of rulers or governments that if speech is not restricted then social or political decline or disorder is inevitable. Mchangama also notes how restrictions usually have the unintended effect of emboldening the speakers and making the forbidden speech even more attractive to potential listeners. This history also reveals advocates of free speech less familiar to Western readers, such as the ninth-century Persian scholar Ibn al-Rawandi, a theologian and later skeptic whose life illustrates the debates possible in medieval Islam. Mchangama reviews the modern debates regarding freedom of thought and the latest iterations of arguments about whether free speech will lead to social decline and chaos. Mchangama is a champion of free speech but his history provides a fair minded account of the concerns of speech restrictionists throughout history. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    36 min
  7. FEB 2

    Jessica Lake, "Special Damage: The Slander of Women and the Gendered History of Defamation Law" (Stanford UP, 2025)

    In 1788, Mary Smith was ruined and banished from "civilised" society when her neighbor accused her of carrying a bastard child. To silence the ruinous rumors and vindicate her name, Smith sued him for defamation. But in court, she faced the onerous burden, entrenched within English law of sexual slander, of proving "special damage." Smith should have lost her case, but her action set off a remarkable reform movement. In Special Damage: The Slander of Women and the Gendered History of Defamation Law (Stanford University Press, 2025), Dr. Jessica Lake offers a comparative legal history of gendered hate speech, verbal abuse, and sexual harassment across 19th-century America, Australia, and England. Drawing upon original archival material, she tracks the creation of the Slander of Women reforms that made it easier for women to sue when called "whores." Dr. Lake reveals, for the first time, the cases brought by women that spurred and benefitted from these reforms. In doing so, she details how debates about women, speech, and reputation circulated through transnational common law networks, connecting countries, colonies, and continents. The Slander of Women movement furthered legal protections for women, but also created links between ideas of whiteness, femininity, chastity, and civilization. Special Damage tells a compelling story that questions the costs and compromises of legal progress in a patriarchal and unequal "civilised" New World. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    56 min
4.1
out of 5
15 Ratings

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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