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PODCAST

New Books in Law

New Books Network

This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field. Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/ Follow

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65:07

Marianne Constable, “Our Word is Our Bond: How Legal...

New Books in Law ·

2014/08/16

Our Word is Our Bond: How Legal Speech Acts (Stanford UP, 2014), by UC Berkeley Professor of Rhetoric Marianne Constable, impels its readers to reassess the dominant methods of considering what is law. Constable’s study of law is informed by both philosophy and sociology; however, she avoids common approaches employed by both disciplines and instead conducts her legal analysis by searching for directives in the form of J.L. Austin’s “speech acts.” Her methods suggest that there is more of a

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65:37

Bruce Ackerman, “We the People, Volume 3: The Civil...

New Books in Law ·

2014/08/02

Bruce Ackerman is the Sterling Professor of Law and Political Science at Yale University. His book, We the People, Volume 3: The Civil Rights Revolution (Harvard UP, 2013) fills out the constitutional history of America’s “Second Reconstruction” period and makes a powerful argument that traditional understandings of the constitutional canon must be expanded to accurately reflect the American lawmaking process. The official constitutional canon is composed of the 1787 Constitution and the formal

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66:18

Doron S. Ben-Atar and Richard D. Brown, “Taming Lust:...

New Books in Law ·

2014/06/28

Bestiality is more often the subject of jokes than legal cases nowadays, and so it was in late eighteenth-century western New England, when, strangely, two octogenarians were accused in separate towns in the space of a few years. Doron S. Ben-Atar and Richard D. Brown each discovered one case while they were researching other books, but when they began talking to one another, they realized the cases might be at the root of something bigger. Taming Lust: Crimes Against Nature in the Early Republic

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44:47

Cornelia H. Dayton and Sharon V. Salinger, “Robert...

New Books in Law ·

2014/05/21

In early America, the practice of “warning out” was unique to New England, a way for the community to regulate those who might fall into poverty and need assistance from the town or province. Robert Love’s Warnings: Searching for Strangers in Colonial Boston (University of Pennsylvania Press, 2014) is the first book about this forgotten aspect of colonial Massachusetts life since 1911. We perambulate with him around Boston’s streets on the eve of the Revolution. Dayton and Salinger present the

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38:00

Stephen C. Neff’s Justice Among Nations: A History of...

New Books in Law ·

2014/04/13

Stephen C. Neff‘s Justice Among Nations: A History of International Law (Harvard UP, 2014) is a book of breathtaking scope, telling the story of the development of international law from Ancient times to the present. It moves across many different cultures and parts of the world, with the express ambition of being a comprehensive intellectual history of international law. It moves among names that any student of international law will recognize, but also surveys unfamiliar sources and recovers their

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54:06

Patrick Weil, “The Sovereign Citizen:...

New Books in Law ·

2014/01/28

Patrick Weil is the author of The Sovereign Citizen: Denaturalization and the Origins of the American Republic (University of Pennsylvania Press, 2013). He is a visiting Professor of Law at Yale Law School and a senior research fellow at the French National Research Center in the University of Paris 1, Pantheon-Sorbonne. The Sovereign Citizen is an historical study of denaturalization in the United States. It tells the story of what Weil believes is a revolution in the concept of citizenship,

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65:19

Jay Wexler, “The Odd Clauses: Understanding the...

New Books in Law ·

2014/01/23

Boston University School of Law Professor Jay Wexler offers readers an entertaining and enlightening tour through a “constitutional zoo” of ten strange-yet-important provisions of the Constitution of the United States in The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions (Beacon, 2012). As the nation’s foremost scholar of Supreme Court laughter (he could claim he invented the burgeoning field), Professor Wexler proves in this book that he is not just a critic

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76:07

David Ball and Don Keenan, “Reptile: The Manual of...

New Books in Law ·

2012/05/01

“I am not smart. I invented smart to compel you to do what I want.” — The Reptile Any civil trial represents the culmination of many, many years of disciplined mental effort. Legal education generates learning, and the discovery process generates information.–Yet neither learning nor information can result in a verdict of liability. For that, you need a jury: and a jury operates, by design, on very different principles of decision-making. As Rebecca West wrote, “The whole point of a jury is that it

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92:13

James Unnever and Shaun L. Gabbidon, “A Theory of...

New Books in Law ·

2011/09/15

Is comedian and cultural critic Bill Cosby right–that black youth suffer from a cultural pathology that leads them to commit more crimes than their white counterparts? Is the remedy to the high rate of offending by African American men the “shape up or get shipped out” perspective? Is there more to African American offending than poor parenting or lousy schools? James D. Unnever is the co-author (with Shaun L. Gabbidon) of the new book A Theory of African American Offending: Race, Racism, and Crime

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68:55

Charles Lane, “The Day Freedom Died: The Colfax...

New Books in Law ·

2011/03/11

Why did Reconstruction fail? Why didn’t the post-war Federal government protect the civil rights of the newly freed slaves? And why did it take Washington almost a century to intercede on the behalf of beleaguered, oppressed African Americans in the South? In a terrific new book, Charles Lane explains why. The Day Freedom Died. The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction (Henry Holt, 2008) tells the tale of a little-known though remarkably important incident: the

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60:50

Noah Feldman, “Scorpions: The Battles and Triumphs of...

New Books in Law ·

2011/03/03

Franklin D. Roosevelt promised the country “bold, persistent experimentation” to address the Great Depression – but for quite a while his ideas were a little too bold for the justices of the Supreme Court, who struck down many New Deal laws as unconstitutional. FDR had his day: over the years he replaced many of those justices with his own men, New Dealers who then, as judges, worked boldly with the Constitution. Irascible, ingenious, and remarkably uncooperative, the four justices in Noah Feldman‘s

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