New Books in Law

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Jean-Marc Coicaud, "The Law and Politics of International Legitimacy" (Cambridge UP, 2025) Aug 05, 2025

Show notes

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 interdisciplinary in nature, mobilizing international law, political and legal theory, philosophy, history, and political science.

Jean-Marc Coicaud is Distinguished Professor of Law and Global Affairs, Rutgers School of Law, New Jersey, USA and Fellow, Academia Europaea. He is also Fudan Distinguished Chair Professor at Fudan Institute for Advanced Studies in Social Sciences (Shanghai, China).

Leo Bader is a senior at Wesleyan University studying political theory and history.

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Michael Stauch, "Wildcat of the Streets: Detroit in the Age of Community Policing" (U Pennsylvania Press, 2025) Jul 28, 2025

Show notes

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, Michael Stauch mines a series of evocative interviews conducted with the participants to trace how Black youth made claims for political equality over and against the new order of community policing.

Centering the perspective of criminalized and crime-committing young people, Wildcat of the Streets is an original interpretation of police reform, the long struggle for Black liberation, and the politics of cities in the age of community policing.

Guest: Michael Stauch (he/him) is an Associate Professor at the University of Toledo. He historian of the modern United States with a focus on policing, politics, and the intersection of race, labor, and youth in social movements.

Host: Jenna Pittman (she/her), a Ph.D. student in the Department of History at Duke University. She studies modern European history, political economy, and Germany from 1945-1990.

Scholars@Duke: https://scholars.duke.edu/pers...

Linktree: https://linktr.ee/jennapittman

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Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022) Jul 27, 2025

Show notes

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 resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that “rehabilitated” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse.

Nicholas Misukanis is a doctoral candidate in the history department at the University of Maryland - College Park. He studies modern European and Middle Eastern history with a special emphasis on Germany and the role energy autonomy played in foreign and domestic German politics during the twentieth century. He is currently working on his dissertation which analyzes why the West German government failed to convince the public to embrace nuclear energy and the ramifications this had on German politics between 1973 and 1986. His work has been published in Commonweal, America: The Jesuit Review, The United States’ Naval Academy’s Tell Me Another and Studies on Asia. He can be reached at Misukani@umd.edu.

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Christopher T. Fleming, "Equity and Trusts in Sanskrit Jurisprudence" (British Academy, 2025) Jul 23, 2025

Show notes

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, Persianate, British, and constitutional jurisprudential principles.

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Carol Nackenoff and Julie Novkov, "American by Birth: Wong Kim Ark and the Battle for Citizenship" (UP of Kansas, 2021) Jul 20, 2025

Show notes

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 scholarly debates – with an emphasis on the vulnerability of birthright citizenship to indirect and direct change.

Dr. Julie L. Novkov is Professor of Political Science and Women’s, Gender, and Sexuality Studies and interim dean of Rockefeller college at the University at Albany, SUNY. She is the author of Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954 (UMichigan, 2008).

Dr. Carol Nackenoff is Richter Professor emeritus of Political Science at Swarthmore College. She is the author of The Fictional Republic: Horatio Alger and American Political Discourse (Oxford, 1994).

They are also co-editors of Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020) and Statebuilding from the Margins: Between Reconstruction and the New Deal (University of Pennsylvania Press, 2014)

Two resources mentioned in the podcast: Tian Atlas Xu’s “Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930” and

the symposium on American by Birth.

Daniella Campos assisted with this podcast.

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Ben Westhoff, "Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic" (Grove Press, 2019) Jul 20, 2025

Show notes

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.

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Simon Butt, "Judicial Dysfunction in Indonesia" (Melbourne UP, 2023) Jul 15, 2025

Show notes

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 internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society.

Simon Butt is Professor of Indonesian Law and Director of the Centre for Asian and Pacific Law at the University of Sydney.

Professor Michele Ford is Professor of Southeast Asian Studies at the University of Sydney, Australia.

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Emma Marris, "Wild Souls: Freedom and Flourishing in the Non-Human World" (Bloomsbury, 2021) Jul 13, 2025

Show notes

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint.

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Alexander Lian, "Stereoscopic Law: Oliver Wendell Holmes and Legal Education" (Cambridge UP, 2020) Jul 13, 2025

Show notes

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 Lian is a graduate of both the Graduate and Law Schools of Vanderbilt University. He has represented clients in a variety of contested matters ranging from high dollar contract disputes and real property disputes to the prosecution and collection of large judgments totaling in the millions. He is also a Florida Supreme Court Qualified Arbitrator and, formerly, president of COLBAR (Colombian American Bar Association).

Ayushi Singh is a graduate student at IIT Gandhinagar, India.

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David S. Wall, "Cybercrime: The Transformation of Crime in the Information Age" (Polity, 2024) Jul 13, 2025

Show notes

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 that cybercrime poses for the criminal (and civil) justice processes, at both the national and the international levels.

This book offers the most intellectually robust account of cybercrime currently available. It is suitable for use on courses across the social sciences, and in computer science, and will appeal to advanced undergraduate and graduate students.

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