New Books in Law

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Debating the Constitution: On Originalism's Most Pressing Quarrels with Sherif Girgis May 20, 2026

Show notes

Here in Episode 8 of Season 5, I interview Professor Sherif Girgis. A graduate of Princeton University, the University of Oxford, and Yale Law School, Girgis is a tenured professor of law at the Notre Dame Law School and a Spring 2026 visiting professor at Harvard Law School. A former law clerk to Justice Samuel Alito and member of the American Academy of the Arts and Letters, he is co-author of two books: What is Marriage? Man, Woman, A Defense (2012), and Debating Religious Liberty and Discrimination (2017).

Using some of his recent articles and speeches—such as “The Future of Originalism” (2026)—we discuss the current state of constitutional jurisprudence. As an originalist and textualist reading of the Constitution has, thanks to advocacy groups like the Federalist Society, gone from a dissenting movement to the current governing theory of the Supreme Court, new problems have arisen that go beyond what early forerunners like Robert Bork and Antonin Scalia foresaw. We also discuss other (often competing) theories like living constitutionalism and living traditionalism, whether success has undone originalism, and what the future holds for this legal movement.

Hosted by Ryan Shinkel, Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. The transcript for this interview is available on our new Substack page, “Madison’s Footnotes.”

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Justin Randolph, "Mississippi Law: Policing and Reform in America’s Jim Crow Countryside (UNC Press, 2026) May 17, 2026

Show notes

Justin Randolph, assistant professor of history at Texas A&M University, joins Michael Stauch to discuss Mississippi Law: Policing and Reform in America’s Jim Crow Countryside (UNC Press, 2026), his new book on policing in Jim Crow Mississippi, told through the lens of that state’s highway patrol. Using oral history and a wide range of archival sources, Randolph narrates efforts by elites in Mississippi to modernize the police while maintaining social hierarchies, as well as efforts on the part of Black Mississippians to envision a world without police.

Highlights include:

What a focus on state-level policing adds to our understanding of policing;
How the founding of the Mississippi highway patrol brought together various forms of policing in the Southwest, including the Texas rangers;
A surprisingly robust discussion of cows, including Mississippi’s economic transformation to a center of cattle raising and the rise of cattlemen’s “Massive Resistance” in the 1950s;
What Nina Simone revealed about policing in Mississippi, and the myth of Southern exceptionalism, in her song “Mississippi Goddam.”

Guest: Justin Randolph is an assistant professor of history at Texas A&M University, and his other research projects include histories of police desegregation, rural debt peonage, the Taser, and 9-1-1. His writing has appeared in scholarly outlets like the Journal of Southern History and Southern Cultures. He has also written for popular outlets such as The Washington Post, The Mississippi Encyclopedia, and the Mississippi Center for Investigative Reporting. He has received an American Council of Learned Societies (ACLS) Fellowship and prizes from both the Southern Historical Association and Agricultural History Society.

Host: Michael Stauch is an associate professor of history at the University of Toledo and the author of Wildcat of the Streets: Detroit in the Age of Community Policing, published by the University of Pennsylvania Press in 2025.

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Under the Tenement Rooftops: Immigrant and Migrant Families in New York May 16, 2026

Show notes

The Tenement Museum preserves and interprets the personal stories of residents of two buildings on the Lower East Side of Manhattan. Ninety-seven Orchard Street opened in 1863 and housed a succession of European immigrants until the double blow of the Great Depression and the impact of the 1924 Johnson Reed Act forced the landlord to evict the tenants. Down the block, 103 Orchard, built in 1888, kept its doors open throughout the twentieth century, hosting Jewish and Italian immigrants in its early years, and Holocaust refugees, Puerto Rican migrants and Chinese immigrants in its later years. This program traces how immigration law impacted the residents of these buildings, and how they carved out new lives once they arrived. Census records, newspaper articles and oral histories—with a focus on YIVO primary sources—will be used to bring the families’ situations to life and situate them in their contexts.

This lecture originally took place on June 24, 2021.

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Olivier Sylvain, "Recovering the Internet: How Big Tech Took Control-And How We Can Take It Back" (Columbia Global Reports, 2026) May 09, 2026

Show notes

Recovering the Internet: How Big Tech Took Control-And How We Can Take It Back (Columbia Global Reports, 2026)is an indictment of how Big Tech cloaks ruthless commercial exploitation in the language of free speech. Olivier Sylvain, a leading legal scholar and former senior advisor at the Federal Trade Commission, exposes the incentives behind social media design, revealing how they trap users in cycles of addiction, misinformation, and harm—from fatal TikTok challenges to AI chatbot codependency.

With clarity and urgency, Sylvain dismantles the libertarian mythology that shaped internet law and calls for a new legal regime that protects users over platforms. Recovering the Internet is a powerful, original intervention into the most urgent policy debate of our time—what it will take to reclaim the digital public sphere.

Find out more here

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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Mark Peterson, "The Making and Breaking of the American Constitution: A Thousand-Year History" (Princeton UP, 2026) May 09, 2026

Show notes

A provocative new history of America's constitution and an urgent call to action for a nation confronted by challenges its founders could never have imagined

The American Revolution occurred at a time when Britain's constitutional order failed to adapt to the extraordinary growth of its colonies. The framers designed an American constitution to succeed where Britain's had faltered, planning for continuous population and territorial expansion that would eventually cross the continent. Yet by the end of the nineteenth century, it was already ill-suited for an increasingly urban, industrialized society, and the transformations of the twentieth century have pushed it to a breaking point. The Making and Breaking of the American Constitution: A Thousand-Year History (Princeton UP, 2026) charts the history and aims of the American constitution from its origins in an agrarian past to the grave crisis we face today.

Mark Peterson traces the American constitutional tradition to the control of land in medieval England, showing how the founders incorporated the aspirations of Magna Carta with the administrative principles of the Domesday Book, a meticulous survey and valuation of landed property commissioned by William the Conqueror. This framework encouraged the growth of democratic self-government in a young nation. It also institutionalized the colonization of territory and the expulsion of Indigenous peoples, establishing a legal blueprint for transforming tribal lands into revenue-yielding real estate for settlers. Peterson's riveting narrative paints an arresting picture of a dynamic republic whose frame of government has changed enormously to meet the challenges of the modern age but whose written constitution has changed very little.

Marking the 250th anniversary of American independence, The Making and Breaking of the American Constitution reveals how this widening disconnect threatens the very existence of our democracy. It calls for a constitution that sustains the ideals developed over the past thousand years while meeting the challenges of the future.

Mark Peterson is the Edmund S. Morgan Professor of History at Yale University. He is the author of The City-State of Boston: The Rise and Fall of an Atlantic Power, 1630–1865 (Princeton) and The Price of Redemption: The Spiritual Economy of Puritan New England.

Mark Peterson traces the American constitutional tradition to the control of land in medieval England, showing how the founders incorporated the aspirations of Magna Carta with the administrative principles of the Domesday Book, a meticulous survey and valuation of landed property commissioned by William the Conqueror. This framework encouraged the growth of democratic self-government in a young nation. It also institutionalized the colonization of territory and the expulsion of Indigenous peoples, establishing a legal blueprint for transforming tribal lands into revenue-yielding real estate for settlers. Peterson’s riveting narrative paints an arresting picture of a dynamic republic whose frame of government has changed enormously to meet the challenges of the modern age but whose written constitution has changed very little.

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James Q. Whitman, "Masters of Slaves to Lords of Lands: The Transformation of Ownership in the Western World" (Cambridge UP, 2025) May 04, 2026

Show notes

Today we think of land as the paradigmatic example of property, while in the past, the paradigmatic example was often a slave. In this seminal work, James Q. Whitman asserts that there is no natural form of ownership. Whitman dives deep into the long Western history of this transformation in the legal imagination – the transformation from the ownership of humans and other living creatures to the ownership of land. This change extended over many centuries, coming to fruition only on the threshold of the modern era. It brought with it profound changes, not only in the way we understand ownership but also in the way we understand the state. Its most dramatic consequence arrived in the nineteenth century, with the final disappearance of the lawful private ownership of humans, which had been taken for granted for thousands of years.

James Q. Whitman is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School. He earned his B.A. and J.D. from Yale University and Law School and also holds an M.A. in European History from Columbia University and a Ph.D. in Intellectual History from the University of Chicago.

Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature.

YouTube Channel: https://www.youtube.com/user/a48266/videos

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Charles W. A. Prior, "Treaty Ground: Diplomacy and the Politics of Sovereignty, from Roanoke to the Republic" (U Nebraska Press, 2026) May 01, 2026

Show notes

In Treaty Ground: Diplomacy and the Politics of Sovereignty, from Roanoke to the Republic (U Nebraska Press, 2026), Professor Charles W. A. Prior offers a new account of the sovereign claims of Native Americans, the Crown, and colonies in early America, arguing that Native American diplomacy shaped how sovereignty was negotiated and contested among all three, from Virginia’s founding to the ratification of the U.S. Constitution. Previous scholars have focused on the contested relationship between the British imperial state and the colonies it established along the Atlantic Coast without addressing how sovereign Native nations shaped the colonial process through warfare, diplomacy, trade, peace-making, and treaty-making.

Dr. Prior adopts a new interpretive framework for examining sovereignty in early America, arguing that the Native and colonial spaces of the Northeast were a treaty ground thickly layered with agreements and negotiated rules of interaction. Drawing on an extensive range of treaty records, writings on colonial and imperial affairs, letters, and official documents, Treaty Ground argues that sovereignty was negotiated within diplomacy and shaped the norms of war, the terms of peace and alliances, the rightful ownership of territory, and appropriate responses to treaty violations. This process in turn structured relations between the Crown and colonies and framed initial positions on how the power of congress related to that of the states.

Treaty Ground offers historical depth to our understanding of how Native nations articulated Indigenous power within colonialism, cuts settler colonialism down to size, and expands contemporary understandings of the sovereign relationships between Native nations in the United States and Canada.

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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Roundtable on Genocide Studies on the occasion of the 20th Anniversary of Genocide Studies International May 01, 2026

Show notes

2026 marks the 20th year of publishing Genocide Studies International. The journal's first issue was a special issue on genocide in Darfur. Twenty years later, newspapers and podcasts are talking again about mass violence in Sudan.

So I thought it would be a good time to host a discussion among current and former editors of the journal about the state of genocide studies and about how academic journals can contribute to its goals. We talked about the nature of the field of genocide studies, about what it means to be a scholar in a field where activism is common, and about how GSI understands its purpose. And we say a bit to graduate students and early career academics about how to get an article published in GS.

If you're interested in this interview, I'd suggest looking back in the NBGS archives to look for discussions about the purpose of genocide education with Maureen Hiebert and Jim Waller and an interview with John Roth and Carol Rittner about their belief that Holocaust and Genocide education is failing to achieve that purpose.

Genocide Studies International is a journal of the Zoryan Institute and is published by University of Toronto Press. You can find more information about Zoryan here Home - Zoryan Institute and suscribe to the journal here Genocide Studies International Home | University of Toronto Press

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Radio ReOrient 14:5: Racial Justice, Human Rights and Surveillance, with Alba Kapoor, hosted by Claudia Radiven and Amina Easat-Daas May 01, 2026

Show notes

In this episode Claudia Radiven and Amina Easat-Daas were joined by Alba Kapoor. Kapoor is the racial justice lead at Amnesty International UK and previously led the policy team at the Runnymede Trust. Alba Kapoor shared the cutting edge work that Amnesty International UK is leading around racial justice, the surveilling of black and brown communities in the UK through existing policy infrastructure such as Prevent, or new and emergent facial recognition technologies. She also discussed forthcoming research from Amnesty examining the silencing of pro-Palestine narratives in academic contexts and the broader questions that this raises around freedoms and rights. Finally, Kapoor linked this to the pressing issues posed by the growth of the far-right in the UK.

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Nikki Luke, "Electric Life: Utility Regulation and the Fight for Energy Democracy" (MIT Press, 2026) Apr 24, 2026

Show notes

Electric Life: Utility Regulation and the Fight for Energy Democracy (MIT Press, 2026) by Dr. Nikki Luke traces the intertwined history of Atlanta’s racialized uneven development and growing electricity use to show how electricity infrastructure shapes everyday life. Nikki Luke looks at how quotidian relationships with the electric utility catalyze intersectional organizing for energy democracy. She also investigates the legal and material construction of the investor-owned utility as a regulated monopoly and the state public service commission that regulates it.
Contemporary organizing for energy democracy questions how the utility and the systems that govern it need to change to ensure energy affordability, provide remedy and reparation for enduring environmental and energy injustice, and build a just and equitable energy transition from fossil fuels. Bridging urban, environmental, and labor studies, the author demonstrates how these demands to change the utility emerge from the tradition of civil rights, labor, and environmental organizing for fair treatment from the utility, affordable energy, protection from pollution, and good jobs. The book is available Open Access.

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