New Books in Law

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Are Capitalism and Democracy Fundamentally Incompatible? A Conversation with Mordecai Kurz Jul 09, 2026

Show notes

Today I'm speaking with Mordecai Kurz, Joan Kenney Professor of Economics Emeritus at Stanford University. We are discussing his latest book, Private Power and Democracy's Decline: How to Make Capitalism Support Democracy(MIT Press, 2026). After its high-water mark several decades ago, democracy's status continues to slide globally. Capitalism and democracy, which once seemed to complement each other, now appear at odds. Free-market policies and monopolistic technologies have enriched many while driving inequalities that harm workers. Many have opined on how to fix the political and economic problems of our day, from an embrace of radical libertarian policy to socialist ownership of the means of production. Mordecai Kurz's extensive study of capitalism and democracy charts a path for balancing economic and political freedom. Since the days of Adam Smith, technology has changed rapidly, necessitating new formulations that take into account the private power centers that exercise control much like monarchies did in the Age of Enlightenment. Despite the imbalance, capitalism still remains a driver of technological progress and innovation. How can we make both capitalism and democracy work for the good of everyone? I'm happy today to get the chance to speak with such an illustrious scholar and to learn a bit more about how to understand this defining puzzle of our age.

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

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Lila Corwin Berman, "Who Is American? Belonging and the Question of Jewish Citizenship" (Princeton UP, 2026) Jul 06, 2026

Show notes

The history of Jews in the United States is often told as if they immigrated, gained citizenship, and almost immediately achieved full legal rights. Yet this story fundamentally misses how citizenship rights worked for Jews and countless others who arrived on American shores. In Who Is American? Belonging and the Question of Jewish Citizenship, Lila Corwin Berman draws on case law, statutes, and debates to argue that both the laws of American citizenship and Jews’ position in them changed repeatedly across the twentieth century. Courts, policymakers, and the public persistently asked what it meant to be Jewish under the law. Were Jews a race, a nationality, a religion—or some combination of each? The answer carried profound legal consequences. Not only did it determine Jews’ citizenship status, but it also affected the rights they could exercise. Just as significantly, the meaning of the categories under law changed over time, affecting Jews’ self-understanding, their political ideals, and their relationships to other groups of Americans.
Who Is American? tells a history that resonates powerfully with today’s high-stakes battles over citizenship and rights. As Berman concludes, citizenship law has always been better at posing questions about the terms of belonging than at providing any ultimate resolution. The tangled story of Jewish citizenship demonstrates the limits of law and explains why the United States continues to fall into new and, often, unsettling debates about who is American.

Lila Corwin Berman is the Paul and Sylvia Steinberg Professor of American Jewish History at New York University, where she directs the Goldstein-Goren Center for American Jewish History. She is author of The American Jewish Philanthropic Complex: The History of a Multibillion-Dollar Institution (Princeton) and Metropolitan Jews: Politics, Race, and Religion in Postwar Detroit.

Geraldine Gudefin is a modern Jewish historian researching Jewish migrations, family life, and legal pluralism. She is currently a Visiting Scholar at the Centre for Asian Legal Studies at the National University of Singapore, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

Mentioned in this episode:

Linda Bosniak, The Citizen and the Alien: Dilemmas of Contemporary Membership (Princeton, NJ: Princeton University Press, 2006).
Lila Corwin Berman, The American Jewish Philanthropic Complex: The History of a Multibillion Dollar Institution (Princeton, NJ: Princeton University Press, 2020).
William E. Forbath, “Constitutionalism, Human Rights, and the Genealogy of Jewish American Liberalism,” in James Loeffler and Moria Paz, eds., The Law of Strangers: Jewish Lawyers and International Law in the Twentieth Century (New York: Cambridge University Press, 2019), 118-140.
Ian Haney López, White by Law: The Legal Construction of Race (New York: New York University Press, 2006).
Will Herberg, Protestant—Catholic—Jew: An Essay in American Religious Sociology (Chicago: University of Chicago Press, 1983).
Benjamin Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness (Durham, NC: Duke University Press, 2017).
David Sorkin, Jewish Emancipation: A History Across Five Centuries (Princeton, NJ: Princeton University Press, 2019).
Posen Library Jewish Studies Curriculum Initiative: https://www.posenlibrary.com/Jewish-Studies-Curriculum

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Paul Osterman, "Disposable Workers: The Transformation of Employment" (Harvard UP, 2026) Jul 05, 2026

Show notes

A revealing look at the decline in formal employment in favor of hiring contractors, freelancers, temps, and marginal workers, who are excluded from traditional benefits and career ladders.

Companies cannot exist without workers, but they are increasingly reluctant to have employees. Instead of providing the benefits and protections that have traditionally come with employee status, businesses are turning to tactics that let them treat people as interchangeable parts, to be used and discarded as needed. Drawing on an original survey of over 6,000 workers, Disposable Workers: The Transformation of Employment (Harvard University Press, 2026) reveals the striking extent of this transformation across the occupational hierarchy, affecting everyone from janitors to nurses.

Paul Osterman identifies three distinct categories of disposable workers: contractors, freelancers, and marginal employees. The marginal category, unique to Osterman’s analysis, describes workers who are employees from a narrow legal standpoint but are held at arm’s length by their firm—left without job security, skill training, or opportunities for promotion. Many low-wage service workers toil in marginal jobs, but so do white-collar professionals such as adjunct university faculty and staff attorneys at law firms. When the three categories are added up, they account for more than 35 percent of the American workforce.

Not all disposable workers object to their arrangements. But most contractors and marginal employees would prefer standard employment, and there is a significant cost to their current status. In response, Disposable Workers offers a range of policy recommendations, including mechanisms to prevent over-reliance on contracting and freelancing as well as reforms to improve job quality for part-timers and marginal employees. As the deconstruction of employment affects more and more workers, the importance of such measures will only grow.

Paul Osterman is Professor Emeritus of Human Resources and Management at the MIT Sloan School of Management. His numerous books include Good Jobs America, Who Will Care for Us? (Russell Sage, 2011); and The Truth about Middle Managers (Harvard Business School Press, 2009), Who Will Care For Us: Long Term Care and the Long Term Workforce (Russell Sage,2017), Gathering Power: The Future of Progressive Politics in America (Beacon Press, 2003); Securing Prosperity: The American Labor Market: How It Has Changed and What to Do About It (Princeton University Press, 1999), and Working In America: A Blueprint for the New Labor Market (MIT Press, 2001).

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Kate Dannies, "Conscripting Breadwinner Soldiers in the Late Ottoman Empire: Family, Law and War" (Edinburgh UP, 2026) Jul 01, 2026

Show notes

Conscripting Breadwinner Soldiers in the Late Ottoman Empire: Family, Law and War (Edinburgh UP, 2026) by Dr. Kate Dannies examines the gender and family dimensions of mobilisation for the First World War in the Ottoman Empire, situating the war in a long-nineteenth-century social history of Ottoman military reform for the first time. It focuses on the military legal concept of muinsizlik (sole breadwinning) and how this concept shaped Ottoman military policy – namely, how militarisation and mobilisation were supported by the exploitation of women’s care and social reproductive labour, as well as the extraction of material and physical resources from Ottoman families.

In exploring how war worked at the level of the body, the individual and the family, this book demonstrates how Ottoman society and war became imbricated through processes of militarisation that led to significant consequences during the First World War and its aftermath. Based on a gendered reading of Ottoman military and bureaucratic archives, it addresses a pivotal moment in the modern history of the Middle East that has long awaited further study from a bottom-up perspective.

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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Jeremy D. Popkin, "The First Emancipation: The Forgotten History of Abolition in Revolutionary France" (Princeton UP, 2026) Jul 01, 2026

Show notes

The First Emancipation: The Forgotten History of Abolition in Revolutionary France (Princeton UP, 2026) is a dramatic account of how slavery and race profoundly influenced the course of the French Revolution and had a central impact on the lives of key leaders, including Mirabeau, Robespierre, Toussaint Louverture, and Napoleon. Acclaimed historian Jeremy D. Popkin brings this often-forgotten story to life, highlighting the arguments put forward by French abolitionists and their opponents and the profound repercussions of the first abolition of slavery in a Western empire.
When the French revolutionaries passed the Declaration of the Rights of Man and Citizen in 1789, they immediately faced a burning question: did that document’s first article—“Men are born and remain free and equal in rights”—apply to the 800,000 enslaved Black people in the country’s colonies? Over the next dozen years, revolutionary leaders fought over this question. The First Emancipation tells how French lawmakers initially protected slavery in their constitution but reversed themselves in 1794, making France the first western country to abolish slavery throughout its empire. Yet only eight years later, in 1802, Napoleon tried to force the emancipated Black populations of the colonies back into slavery. His decision led to his first major military defeat and to the proclamation of the independence of the Black nation of Haiti, but also to the reestablishment of slavery in other French colonies, where it would not finally be abolished until 1848.
The story of how France emancipated its enslaved people and declared them full citizens only to return many of them to bondage, The First Emancipation reveals that the course of abolition in the modern world was more winding and halting than is often remembered.

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Daniel Krcmaric, "Above the Law" (Cambridge UP, 2026) Jun 30, 2026

Show notes

The United States has traditionally been a great promoter of international justice – forging the Nuremberg and Tokyo tribunals after World War II and leading the way in creating tribunals to address genocides in Yugoslavia and Rwanda after the Cold War. Yet the US views the International Criminal Court – the culmination of the tribunal-building process – as a dire threat.

The US voted against its establishment, passed legislation threatening to invade The Hague, and tried to destroy the ICC with economic sanctions. Delving into the uneasy relationship between the world's superpower and one of its most prominent international institutions,

Above the Law: The United States and the International Criminal Court (Cambridge UP, 2026) explains how the desire to shield American soldiers from unwanted ICC scrutiny is the ultimate source of tension. Offering a sophisticated analysis of the ICC's track record that shows how American fears are overblown, Daniel Krcmaric argues that a more cooperative US policy toward the ICC would benefit both sides.

Our guest is Daniel Krcmaric, an Associate Professor of Political Science and Law at Northwestern University.

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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Cyanne E. Loyle, "Escaping Justice: Impunity for State Crimes in the Age of Accountability" (Cambridge UP, 2025) Jun 24, 2026

Show notes

Now more than ever, the international community plays a central role in pressing governments to hold themselves to account. Despite pressure to adhere to global human rights norms, governments continue to benefit from impunity for their past crimes. In an age of accountability, how do states continue to escape justice?

Escaping Justice: Impunity for State Crimes in the Age of Accountability (Cambridge UP, 2025)presents a theory of strategic adaptation that explains the conditions under which governments adopt transitional justice without a genuine commitment to holding state forces to account. Cyanne E. Loyle develops this theory through in-depth fieldwork conducted over the last ten years in Rwanda, Uganda, and Northern Ireland. Research in each of these cases reveals a unique strategy of adaptation: coercion, containment, and concession.

Using evidence from these cases, Loyle traces the conditions under which a government pursues its chosen strategies and the outcomes of transitional justice.

Our guest is Professor Cyanne Loyle, who is the Political Science Board of Visitors Early Career Professor of Political Science at Penn State University and a Senior Researcher at the Peace Research Institute Oslo (PRIO).

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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Jonathon W. Penney, "Chilling Effects: Repression, Conformity, and Power in the Digital Age" (Cambridge UP, 2025) Jun 23, 2026

Show notes

In Chilling Effects: Repression, Conformity, and Power in the Digital Age (Cambridge UP, 2025), Jonathon W. Penney explores the increasing weaponization of surveillance, censorship, and new technology to repress and control us. With corporations, governments, and extremist actors using big data, cyber-mobs, AI, and other threats to limit our rights and freedoms, concerns about chilling effects – or how these activities deter us from exercising our rights – have become urgent. Penney draws on law, privacy, and social science to present a new conformity theory that highlights the dangers of chilling effects and their potential to erode democracy and enable a more illiberal future. He critiques conventional theories and provides a framework for predicting, explaining, and evaluating chilling effects in a range of contexts. Urgent and timely, Chilling Effects sheds light on the repressive and conforming effects of technology, state, and corporate power, and offers a roadmap of how to respond to their weaponization today and in the future.

You can find more information about Jon at his website: https://jonpenney.com/

Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems.

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Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity Jun 18, 2026

Show notes

A woman miscarries and is charged with murder. A new mother tests positive for a drug her hospital administers and loses custody of her newborn. Four women are convicted of horrific crimes against children they never touched, based on junk science and homophobia and spend nearly twenty years in prison before being exonerated. A queer teenager takes a photo of a child’s diaper rash at work and is sentenced to 126 years. These cases are not aberrations. They are symptoms of a system that punishes women and queer people not for what they have done, but for who they are. In the United States, nearly three-quarters of all wrongly convicted women were convicted of crimes that never occurred at all.

Valena Beety, co-founder of the Indiana Innocence Project and award-winning legal scholar cited by Justice Sonia Sotomayor, reveals how ordinary tragedies—a child’s sudden death, a husband who dies in his sleep—are transformed by prosecutors into murders that never happened. These “no crime” convictions disproportionately target women and queer people, whose identities are recast as evidence of guilt through bias, junk science, and entrenched stereotypes. Drawing on devastating real-life cases, Professor Beety exposes how prosecutorial overreach, flawed forensic science, and cultural panic converge—and how fetal personhood laws, the fall of Roe v. Wade, and anti-LGBTQ+ legislation have dramatically expanded the reach of criminal law. What emerges is a chilling portrait of a legal system that increasingly criminalizes pregnancy outcomes, motherhood, and queer identity itself.

Guest: A wrongful convictions litigator and former federal prosecutor, Valena Beety is the McKinney Professor of Law at Indiana University-Bloomington Maurer School of Law and a co-founder of the Indiana Innocence Project. Her coursebook The Wrongful Convictions Reader is used in classrooms nationwide to teach about wrongful convictions.

Host: Dr. Christina Gessler is an academic writing coach and editor. She uses her Ph.D. in history to explore which stories we tell, and what happens to those we never tell. She is the creator, producer and show 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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Anna O. Law, "Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants" (Oxford UP, 2026) Jun 18, 2026

Show notes

Anna O. Law, the Herbert Kurz Chair in Constitutional Rights in the Department of Political Science at City University of New York-Brooklyn Campus, has a deeply researched and important new book that weaves together different approaches to understanding American citizenship, especially in context of immigration and migration in the first century of the U.S. republic. Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants (Oxford University Press, 2026) engages three different disciplines, including Political Science, History, and Legal Studies/Law, to unpack the many different approaches to citizenship in the new republic. Law noted as we spoke that she had not intended to write a book about slavery, but it was impossible to think about or understand immigration in the United States, especially in the first century of the United States, without examining the particular place and role of those who were enslaved, since they were also immigrants to the United States, though it was a forced immigration, against their will and without their consent. Part of what Migration and the Origins of American Citizenship focuses on is that prior to the Civil War and the post-war constitutional Amendments, immigration was a patchwork, designed state by state, without a national standard or structure. Thus, we see a form of federalism that shifts from the states to the national government after the 14th and 15th Amendments, and after a number of pieces of legislation passed in the 1880s by Congress. Immigration becomes a more centralized issue and process as Congress passed a raft of restrictive laws focused mostly on Chinese individuals. These moves took the power to manage immigration away from the individual states and nationalized policies and regulations.

At the same time, the story of American immigration is incomplete without understanding how the national government forcefully took land belonging to Native Americans and compelled their migration to other areas of the United States. In much the same way that we cannot understand immigration without understanding how slavery was intertwined with it, we also can’t understand immigration to the United States without the history of how newly arrived immigrants displaced Native Americans and were given stolen land through national and state level regulations and policies. This is another entire area of history, policy, law, and regulation that Law unpacks to explore the interaction between Native Americans, sovereignty, land claims, and federalism in context of American citizenship and the complexity of who was and was not considered to be a citizen.

Migration and the Origins of American Citizenship is a masterful work that helps us understand the contemporary battles over citizenship. As the Supreme Court is set to make yet another determination of how the 14th Amendment is to be applied to individuals born in the United States, Law’s research and analysis has particular relevance and importance as we grapple with these ongoing disputes.

Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe Volume I: The Infinity Saga (University Press of Kansas, 2022), and of The Politics of the Marvel Cinematic Universe Volume II: Into the Multiverse (University Press of Kansas, 2025) as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social

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