New Books in Law

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Carceral Utopia: A Global History of Model Prisons with Gregory Salle (Polity, 2026) Oct 26, 2026

Show notes

What underpins the legitimacy of the prison system in the twenty-first century? Despite numerous challenges and setbacks, there is still a widespread belief that prisons can be improved in a socially progressive way. Even today, 'model prisons' are being built that seek to fix the shortcomings and failures of their predecessors, as if past failures were due to a lack of imagination, determination, or resources.
The aim of creating model prisons is not new: it dates back to the early nineteenth century. Ranging from England to Switzerland and Spain, from Russia to China and India, Carceral Utopia: A Global History of Modern Prisons (Polity, 2026) by Dr. Gregory Salle documents a rich, global history of ambitious efforts to create model prisons – places of confinement initially lauded for their progressive ideals but later revealed as fiascos.
At the end of this journey through time and space, it will not suffice merely to highlight the gap between plans and realities, or even to dispel the illusion that model prisons could not live up to their claims. We need to ask why, despite so many failures, these institutions are still being built today. Might their many obvious shortcomings conceal a covert success?

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.

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Human Rights in Psychiatry: Prospects and Dilemmas of Abolishing Coercion in Mental Health Care with Dirk Richter (Springer, 2025) Oct 23, 2026

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In Human Rights in Psychiatry: Prospects and Dilemmas of Abolishing Coercion in Mental Health Care (Springer, 2025), Professor Dirk Richter describes the ethical lines of conflict, shows why coercion can no longer be justified and analyzes the consequences and dilemmas of a possible abolition of coercive measures in psychiatric care. The use of coercion in mental health care is one of the most controversial topics in psychiatric nursing and psychiatry. The conflict line centers around the UN-Convention in the Rights of People with Disabilities (CRPD). Advocates of the CRPD are pushing for the complete abolition of coercion while opponents see central medical and legal aspects of care for people with mental health problems at risk. Clinicians in conventional psychiatry, including many mental health nurses, primarily justify these measures because of the assumed benefits of coercion-associated care and with the argument that many people affected are unable to make appropriate decisions for their own health in a crisis situation. This argument also applies to human rights, for example by basing coercive measures in the event of suicidality on the right to life. Three central topics are developed in the book. First, it is shown that psychiatric coercion can no longer be justified because the current practice of psychiatric care does not meet the ethico-legal requirements for the use of coercion. Second, a human rights-based approach of psychiatric care is outlined, which is fundamentally based on the will and preferences of people with mental health problems. Third, the consequences and dilemmas are indicated, e.g., the issue of how to deal with suicidality or dementia without the use of coercion. This book is aimed to receive a specific attention from the psychiatric nursing community. It is also relevant to lawyers, human rights practitioners, and mental health professionals more broadly.

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Terror, Torture and State Violence in Colonial India, with Deana Heath, hosted by Salman Sayyid and Claudia Radiven Oct 23, 2026

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In this episode, Salman Sayyid and Claudia Radiven were joined by Deana Heath to discuss her work Colonial Terror: Torture and State Violence in Colonial India (Oxford UP, 2026). Heath’s work explores the legacies of colonial violence in India, Britain’s colonial amnesia in reckoning with it’s past and how torture was facilitated and systemized. Deana is a scholar of British Imperialism and colonialism, and is also Chair in Indian and Colonial History at the University of Liverpool.

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Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive with Pamela Foohey (U Chicago Press, 2026) Oct 23, 2026

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When American churches face financial difficulties, a disproportionately high number of Black churches reorganize under chapter 11 bankruptcy. There are no easy explanations for this distinction: not location, denomination, leadership structure, or the reasons for the loans. In Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive (U Chicago Press, 2026), legal scholar Pamela Foohey asks why, then, Black churches account for two-thirds of all congregations that file for chapter 11 bankruptcy every year.

Drawing on case studies of six Black churches and one white church, and 150 interviews with church leaders, members, and attorneys, Foohey finds answers in a long history of predatory lending. Unable to negotiate with recalcitrant loan officers, Black churches turn to the legal system to force reasonable concessions from lenders to prevent the stripping of their wealth and the destruction of their communities. While the structural discrimination remains, these churches have found in the bankruptcy system a refuge and some power to fight back.

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Offshore Oildom: America’s Energy Expansion into the Ocean with Tyler Priest (LSU Press, 2026) Oct 22, 2026

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Offshore Oildom: America’s Energy Expansion into the Ocean (LSU Press, 2026) tells the riveting story of the United States’ quest to secure the oil riches of the sea. Drawing on a wealth of untapped sources, Tyler Priest reveals how the offshore oil industry emerged from an ambitious project to incorporate the ocean’s submerged lands into the territory of the United States. These lands were frontier spaces, beyond traditional jurisdiction and control. Efforts to commandeer them for oil and gas extraction thus required new institutions of governance. From the titanic struggle over the tidelands starting in the 1930s to Project Independence in the 1970s, the process of establishing an offshore dominion of oil provoked intractable conflicts over money, values, and power. It pitted coastal states against their land-locked counterparts and captains of industry against federal civil servants and coastal communities. It stoked partisan and internecine warfare. It set off an international race to annex offshore territory, complicating U.S. foreign-policy objectives. It weighed on the minds of Supreme Court justices and troubled every occupant of the White House from Franklin Roosevelt forward. The modern environmental movement was born in opposition to offshore oil just as the 1970s energy crisis compelled the acceleration of drilling in the ocean. Creating and governing an offshore oildom involved nothing less than redrawing the territorial borders of the nation, rebuilding the political foundations of the U.S. energy system, and testing the environmental limits of resource extraction. This history is essential to understanding the tension between energy security and environmental protection in modern America.
Tyler Priest is associate professor of history at the University of Iowa. He is the author of the award-winning book The Offshore Imperative: Shell Oil’s Search for Petroleum in Postwar America and has published in the Journal of American History, Environmental History, Enterprise & Society, the Wall Street Journal, Politico, and Science. In 2010 he served as a senior policy analyst on the President’s National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

Filippo De Chirico is a PhD candidate in History and Politics of Energy at Roma Tre University (Italy). His research focuses on the history of the natural gas sector in Italy.

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Justice Was Her Calling: The Fierce and Fascinating Life of Dorothy Kenyon with Jennifer L. Brinkley (U California Press, 2026) Oct 22, 2026

Show notes

Before Ruth Bader Ginsburg persuaded the Supreme Court to strike down sex discrimination, Dorothy Kenyon drew the legal blueprint. Justice Was Her Calling: The Fierce and Fascinating Life of Dorothy Kenyon (U California Press, 2026) by Jennifer Brinkley is the first full-length biography of the New York judge, lawyer, and civil liberties champion whose litigation strategies helped transform the Equal Protection Clause into a powerful tool for women’s rights. Across decades, from the Progressive Era through the New Deal and into the rise of second-wave feminism, Dorothy Kenyon stood at the forefront of reform.

A longtime ACLU national board member, the only woman appointed by the League of Nations to study women’s legal status worldwide, and a US delegate to the United Nations Commission on the Status of Women, Kenyon pushed equality onto the global stage long before it was widely embraced. Her career was nearly undone when Senator Joseph McCarthy named her first on his list of alleged communists, a spurious accusation that cast a lasting shadow.

Drawing on letters, speeches, and fresh archival research, Brinkley restores Kenyon to her rightful status as a legal pioneer and reminds us that civil liberties endure only when defended.

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Disability: A History of Resistance with David Turner (Random House, 2026) Oct 20, 2026

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Despite there being more than 16 million disabled people in the UK today, disability rarely features in mainstream accounts of our past. That absence is not down to a lack of evidence: it is a forgotten, suppressed history – the result of deliberate choices about whose histories matter. This remarkable book rectifies this.

Disability: A History of Resistance (Random House, 2026) is a story of resistance and ingenuity, full of people who refused to be silenced or pitied. We meet the labourer who fights accusations in court that he’s faking his disability, and wins; the painter who signs her royalty miniatures ‘without hands’; and the one-armed textile worker who turned his injury into reform. We see how disabled people have rallied together to demand equality – fighting for their right to lead ordinary lives like everybody else.

This is a story not of progress led by doctors or philanthropists, but an extraordinary ground-up history of ordinary people demanding dignity and justice. By putting disabled people back into our national story, David Turner reveals a fuller and richer history of modern Britain than ever before.

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Punishment: Behind Japanese Military Brutality with Danny Orbach (Hurst, 2026) Oct 18, 2026

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Why was the Japanese Army so brutal before and during World War Two? This haunting question anchors a sweeping investigation into the moral universe of Imperial Japan’s soldiers, tracing their path from the twilight of the samurai age to the ashes of Manila in 1945.

Punishment: Behind Japanese Military Brutality (Hurst, 2026) by Professor Danny Orbach uncovers a world in which war was conceived not merely as combat, but also as justice. Officers and soldiers learned to navigate two rival visions of war: one restrained by the ‘foreign gaze’ of the Western world, the other rooted in older traditions that cast adversaries as ‘rebels’ and ‘bandits’ deserving exemplary punishment. However, these competing strategies were intertwined, in an interplay of mutual mitigation and brutalisation. Drawing on archival material in six languages and fieldwork conducted across Asia—from Taiwan’s indigenous highlands to Manchuria’s sorghum fields and the streets of Nanjing—Professor Orbach reveals how ambiguity, obedience, fear and ideology converged on the battlefield. Vague orders could become massacres, and the boundary between necessity and cruelty became perilously thin.

Part detective story, part moral history, Punishment illuminates how a modern state slid into devastating violence—and why that descent was neither inevitable nor easily explained.

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Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability with Moritz A. Schramm (Cambridge UP, 2026) Oct 14, 2026

Show notes

Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability (Cambridge UP, 2026) explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.

Find Moritz here

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Civil Societies, Uncivil States: Government Repression of NGOs with Suparna Chaudhry (Cornell UP, 2026) Oct 12, 2026

Show notes

Why would a government bother to go after groups that carry no weapons and hold no power? Suparna Chaudhry argues that the answer says a lot about where politics is heading. In Civil Societies and Civil States: Government Repression of NGOs (Cornell University Press, 2026), she shows that states are targeting advocacy organizations less often with violence and more often with laws. These laws cap foreign funding, restrict advocacy, and bury groups in paperwork, to name just a few examples. Because the measures look like routine regulation, they rarely make headlines. Democracies have become as skilled at using them as dictatorships.

We discuss how the fading liberal international order has given governments more freedom to act. We also talk about why urgent threats draw violence while long-term ones draw bureaucracy, and how lawmakers copy each other's anti-NGO laws word for word. We then look at why China tolerates Greenpeace, how one Ethiopian law closed nearly 90 percent of the country's human rights groups, and what shrinking aid budgets mean for the sector.

Our guest is Suparna Chaudhry, an Associate Professor in the Department of International Affairs at Lewis & Clark College.

Our host is Eleonora Mattiacci, an Associate Professor of Political Science at Amherst College. She is the author of "Volatile States in International Politics" (Oxford University Press, 2023).

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