New Books in Law

Latest Episodes:

Michelle Bigenho and Henry Stobart, "Heritage Fever: Law and Cultural Politics in a Decolonizing State" (Oxford UP, 2025) Jul 26, 2026

Show notes

The early twenty-first century ushered in a period of change in Bolivia. The country welcomed its first Indigenous president, a new constitution, and a profusion of laws that recognized individual music and dance expressions as intangible cultural heritage. Using cultural heritage lawmaking as a window through which to view the de-centered workings of the Indigenous-focused Plurinational Bolivian State, Heritage Fever: Law and Cultural Politics in a Decolonizing State (Oxford University Press, 2025) by Dr. Michelle Bigenho and Dr. Henry Stobart unpacks the myriad motivations for heritage making in this this politically transformative moment. Heritage Fever reorients UNESCO-driven heritage debates towards a different set of questions—a pivot the authors call “heritage otherwise.”

These inquiries focus on how citizens use law to frame expressive culture and engage their new state. Through grounded case studies, Bigenho and Stobart reveal how competing claims over cultural expressions stimulate aficionado research and produce an abundance of cultural activities. Managing these productive conflicts often involves strategic uses of scale within the country's new political autonomies, even as old-style nationalisms lurk beneath a plurinational sheen. One case study highlights imagined Indigenous autonomy as bolstered by decolonizing historiography that predates the Plurinational State by several decades.

Privileging the stories told by those who championed or who were bureaucratically involved in the respective heritage-making campaigns, Heritage Fever's research draws from the authors' combined fieldwork in Bolivia over the last 30 years, recent multi-sited fieldwork conducted as a team, and ethnographic interviews conducted with Bolivians involved in heritage-making projects. Contributing to legal anthropology, critical heritage studies, ethnomusicology, and anthropology of the state, Heritage Fever looks beyond intellectual property frames, opens new perspectives on archival thinking, reflects on decolonizing practices in expertise and knowledge production, and uncovers the agency of mid-level citizens in a decolonizing state.

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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Samuel Moyn, "Gerontocracy in America: How the Old Are Hoarding Power and Wealth—and What to Do About It" (FSG, 2026) Jul 25, 2026

Show notes

A leading social critic identifies our least-discussed major crisis, and sets out to solve it.

As Americans debate President Biden’s infirmities and President Trump’s erratic behavior, we’ve neglected the bigger problem before us: a massive transfer of power and wealth to the oldest among us, and the curtailment of the prospects of the young. In Gerontocracy in America: How the Old Are Hoarding Power and Wealth—and What to Do About It (Farrar, Straus & Giroux, 2026), the historian and social critic Samuel Moyn offers a piercing diagnosis of our age divide and its consequences. Even apart from the presidency, in legislatures, businesses, and the courts, the average leader’s age has risen dramatically. The elderly predominantly fund campaigns and dominate their agendas, often with the intent to block any challenge to their status. The tax code is rigged on their behalf, as is an economy geared to sheltering financial and housing assets. The United States was founded on the promise of generational renovation but has become an increasingly febrile country of old men.

But it doesn’t need to be this way. With understanding and wit, Moyn shows how elder power can be dismantled. With strong safety nets in place, mandatory retirement ages can be established. The early transfer of assets between generations could be encouraged and young voters can be granted more voice. In such a world, the elderly themselves would be freed from power games to confront the existential opportunities of aging, while the young would find their path to starting out in life unblocked at last.

Samuel Moyn is the Kent Professor of Law and History at Yale University. His books include Humane: How the United States Abandoned Peace and Reinvented War, The Last Utopia, and Not Enough: Human Rights in an Unequal World. Cohost of the Digging a Hole podcast, he is a frequent contributor to The New York Times and many other publications.

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Mitra Sharafi, "Fear of the False: Forensic Science and the Law of Crime in Colonial South Asia" (Cornell UP, 2026) Jul 25, 2026

Show notes

Fear of the False: Forensic Science and the Law of Crime in Colonial South Asia (Cornell University Press, 2026) uncovers colonial South Asia's critical role in the development of forensic science. Around 1900, the government of British India created a web of institutions for the scientific detection of crime. Driven by anxieties about "native mendacity," newly minted forensic analysts focused on uncovering faked evidence planted by South Asians. These experts, joining toxicologists known as "chemical examiners," were supposed to extract objective, scientific truth in the service of British justice. But in trying to counteract the presumed tendency of colonized peoples to lie, the system enabled widespread misconduct by state experts, increasing the risk of wrongful convictions of South Asian defendants. Through scrupulously documented legal cases, Mitra Sharafi reveals that colonial dynamics put special pressure on the relationship between truth and justice. Examining falsity on both sides of the law through the use of testing to (mis)identify poisons, blood, and spermatozoa, as well as debates over adversarialism and inquisitorialism in the colonial courtroom, Fear of the False explores advances in forensic science and shortcuts in criminal procedure against the backdrop of colonial mistrust. Thanks to generous funding from the University of Wisconsin Law School, the ebook editions of this book are available as open access volumes through the Cornell Open initiative.

Mitra Sharafi is a legal historian whose research focuses on South Asia. She is the Evjue-Bascom Professor of Law at University of Wisconsin-Madison and currently serves as the president of the American Society for Legal History. She has been the host of the South Asian Legal History Resources website since 2010.

Saumya Dadoo is a PhD candidate at Columbia University's Department of Middle East, South Asian, and African Studies (MESAAS).

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Cast Out: A Call For A Forgiving Society in an Age of Incarceration Jul 23, 2026

Show notes

In Cast Out: A Call For A Forgiving Society in an Age of Incarceration(Beacon Press, 2026), civil rights lawyer Joseph Margulies insists that those who commit even the most heinous crimes are one of us and should be judged in a spirit of forgiveness. He explains that American society is too often unforgiving, preferring to cast out those we consider irredeemable by fixating narrowly on the question What did they do? and imagining that those who have done great wrongs have no past worth learning and no future worth preserving.
Through intimate interviews, his rich chapters bring to life 6 men and women, sharing their (sometimes brutal) crimes, the grim but all-too-human paths that led them there, and their evolution and insights. Eye-opening and unflinching, Cast Out makes us truly see those society locks away—the so-called “worst of the worst.” It challenges the reader to see us in them and them in us, and in that way, to recognize the humanity we all share.

Guest: Joseph Margulies is a writer, litigator, Professor of the Practice of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), and in Munaf v. Geren (2008). His books include Guantánamo and the Abuse of Presidential Power; and Cast Out.

Host: Dr. Christina Gessler is an academic writing coach and editor. She is the creator, producer and host of the Academic Life podcast.

Playlist for listeners:

Welcome to Academic Life, the podcast for your academic journey—and beyond! Please join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 300+ Academic Life episodes? Find them here. And thank you for listening!

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Dana Burchardt, "The Authority of International Courts: A Behavioural Framework" (Hart Publishing, 2026) Jul 23, 2026

Show notes

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? The Authority of International Courts: A Behavioural Framework (Hart Publishing, 2026) by Dr. Dana Burchardt provides novel theoretical and empirical insights into this question. It offers a fresh, interdisciplinary perspective on the authority of international courts, drawing from law, political science and behavioural research.

It develops, in Part I, a theoretical model and analytical framework for assessing these questions. The model explains how authority relationships between courts and their audiences—such as states, NGOs, individual applicants, and domestic courts—are formed, maintained, or contested. In Part II, the book applies this analytical framework to in-depth case studies of two selected international courts: the European Court of Human Rights and the Court of Justice of the Economic Community of West African States. These studies not only provide deeper insights into the authority of these courts but also demonstrate how the analytical framework can be applied to other international courts to generate an enhanced understanding of international court authority.

The book sheds new light on why some courts enjoy enduring authority and others face pushback, offering powerful tools for understanding the behaviour of international courts and their audiences.

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Debolina Dutta, "A Jurisprudence of Conversations: Law, Life and Feminism in Post-colonial India" (Cambridge UP, 2026) Jul 22, 2026

Show notes

Grounded in empirical studies, this book is both a history of the emergence of feminist jurisprudence in post-colonial India and a model of innovative legal research. The book inaugurates a creative practice of scholarly activism that engages a new way of thinking about law and feminist jurisprudence, one that is geared to acknowledge and take responsibility for the hierarchies in Indian academic practices. Its method of conversation and accountability continues the feminist tradition of taking reciprocity and the time and place of collaboration seriously. It helps make visible the specific ties between post-colonial life and law and joins the work of refusing and reimagining the hierarchical formation of legal knowledge in a caste-based Indian society. A significant contribution to the history and practice of feminist jurisprudence in post-colonial India, A Jurisprudence of Conversations: Law, Life and Feminism in Post-colonial India(Cambridge University Press, 2026)will appeal to both an academic and activist readership.

Debolina Dutta is a Research Fellow at Melbourne Law School's Centre of Excellence for the Elimination of Violence Against Women (CEVAW)

Saumya Dadoo is a PhD Candidate at MESAAS, Columbia University

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Gabriella Soto, "Border Afterlives: Migrant Deaths, Forensic Investigations, and the Politics of Haunting" (U Arizona Press, 2026) Jul 19, 2026

Show notes

Border Afterlives: Migrant Deaths, Forensic Investigations, and the Politics of Haunting (University of Arizona Press, 2026) begins with the undocumented individuals who die crossing the U.S.-Mexico border—deaths that are both preventable and politically produced. Moving between the practical and the philosophical, forensic anthropologist and author Gabriella Soto asks what it means to care for the dead and what society owes to those who die in its name. Through the lens of haunting, she explores how the dead continue to shape the living, not as objects of horror but as moral agents whose presence demands justice. Centered primarily in Arizona and South Texas, Border Afterlives offers a border-scale comparative account of forensic practices, critiques the limits of “best practices” in under-resourced systems, and calls for a re-imagining of forensic humanitarianism grounded in reciprocity and dignity, beyond human rights. This is a book that insists on remembering the dead.

In this conversation, we discuss the difficult interplay between federal immigration policy and local practices of death care on the border, the implications of policies that cause increased death tolls, the politics of humanitarian immigration reform, and, finally, how allowing ourselves to be haunted by the slow mass casualties of the border can and should inspire us to act.

Gabriella Soto is a contemporary archaeologist who examines the material world to understand pressing social issues. Integrating ethnographic methods, GIS technology, and archival research, she specializes in migration materialities, focusing on Latinx migration and security at the US-Mexico border. Her work analyzes the material footprints of transit, forensic death investigations, and security and humanitarian infrastructure. An ACLS fellow whose work has also been funded by the Wenner-Gren Foundation, Soto is a research affiliate at the Binational Migration Institute and holds faculty affiliations at Arizona State University’s School of Transborder Studies, School of Interdisciplinary Forensics, and the Latinx Oral History Lab. Her research has appeared in American Anthropologist and Political Geography, and her article on migrant material culture won the American Anthropological Association’s Gordon R. Willey Paper Prize. Dr. Soto is the author of Border Afterlives: Migrant Deaths, Forensic Investigations, and the Politics of Haunting (University of Arizona Press, 2026).

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Renisa Mawani, "Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire" (Duke UP, 2018) Jul 17, 2026

Show notes

In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta.

In Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press, 2018) Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds.

Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

The conversation also covers how the book, published in 2018, has shaped the author’s more recent work as well as how historical methods and approaches have evolved in the years since publication.

Helen Dewar is an historian of the Atlantic World and French colonization in North America in the 17th and 18th centuries. She is a professor of history at the Université de Montréal (Québec, Canada) and the author of Disputing New France: Companies, Sovereignty and Law in the French Atlantic, 1598-1663 (McGill-Queen’s University Press, 2022).

Helen’s institutional website

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Sue Donaldson and Will Kymlicka, "Animals and the Right to Politics" (Oxford UP, 2026) Jul 17, 2026

Show notes

The assumption that only humans can engage in politics—that only humans are 'zoon politikon'—is foundational to the Western tradition of political philosophy. While there is increasing recognition of animals' moral status (both within moral philosophy and at the level of public opinion), animals are not recognized as political subjects. This carefully researched but accessibly written volume—following on from the authors' earlier book Zoopolis—argues that animals too have a right to politics: a right to be recognized as political subjects and agents, and as members of political communities entitled to collective self-determination. ⁠Animals and the Right to Politics⁠ (Oxford University Press, 2026) draws on recent scientific work on animal societies, cultures, and decision-making, as well as recent work by political theorists rethinking ideas of agency and community—especially the significance of emplaced and embodied encounters and relationships to the activity of politics. Sue Donaldson and Will Kymlicka draw a picture of what it would mean to create spaces and practices, not only for politics conducted by humans on behalf of animals, but also politics with and by animals on their own terms. It then explores how this approach could inform a wide range of contemporary debates in human-animal relations, including wildlife conservation, urban planning, and animal labour.

⁠Sue Donaldson⁠ is a Canadian author and animal advocate. She has published more than 40 academic articles, and is the co-author, with Will Kymlicka, of Zoopolis: A Political Theory of Animal Rights (Oxford University Press, 2011) which won the Canadian Philosophical Association Book Prize in 2013, and has been translated into 11 languages. She is co-convenor of the Animals in Philosophy, Politics, Law and Ethics research group at Queen's University, Kingston, Canada.

⁠Will Kymlicka⁠ is the author of seven books published by Oxford University Press, including Contemporary Political Philosophy (2nd ed., 2001), Multicultural Citizenship (1996), and Zoopolis: A Political Theory of Animal Rights (co-authored with Sue Donaldson; 2011). He is currently the Canada Research Chair in Political Philosophy at Queen's University, a Fellow of the Royal Society of Canada and of the Canadian Institute for Advanced Research, an Officer of the Order of Canada, and a Corresponding Fellow of the British Academy. His works have been translated into 34 languages.

⁠Kyle Johannsen⁠ is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021).

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What are the Limits of Political Speech? A Conversation with Erik J. Olsen Jul 10, 2026

Show notes

A New Approach to Political Speech: Democratic Theory, Constitutional Law, and Public Liberty After January 6(de Gruyter, 2026) challenges conventional understandings of political speech and its relationship to democracy. Through a focused case study of Donald Trump's role in attempting to overturn the 2020 election and the prosecutions stemming from it, Erik Olsen develops a critique of the prevailing view that political speech is a private right that is only instrumentally related to political action. He advocates instead for a theoretical framework that treats political speech as a form of communicative action and balances the protection of free expression with the need to safeguard core democratic practices and processes. He thus outlines a more robust First Amendment jurisprudence that can better defend both public liberty and democratic institutions from authoritarian threats in the current era of democratic backsliding.

Erik J. Olsen is Professor Emeritus of Political Science at Seattle University.

Caleb Zakarin is CEO and Publisher of the New Books Network.

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