New Books in Law

• Religious Freedom: A Conversation on the Conservative Tradition with John D. Wilsey

  In this conversation, we sit down with John D. Wilsey, Professor of Church History and Philosophy at The Southern Baptist Theological Seminary and Senior Fellow at the Center for Religion, Culture, and Democracy, to tackle the urgent and often contentious topic of religious freedom in America. Drawing from his forthcoming book, Religious Freedom: A Conservative Primer (William B. Eerdmans, 2025), Wilsey examines how conservatives have historically understood religious freedom, how those views have evolved, and why the gap between past and present perspectives matters in today’s culture, and how it is the bedrock of American Government. Wilsey addresses issues at the heart of this debate: How has the conservative understanding of religious freedom shifted, and what are the consequences of that shift? Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Postscript: How to Fight Back: Charting Opposition to the Actions of the Trump Administration

  Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad. Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-life problems. She is a member of Independent SAGE providing accessible updates on the national and international Covid-19 situation since May 2020. She has published in public-facing venues such as The Conversation and her free Substack, Diving into Data & Decision making. You can follow her on social media. Mentioned in the podcast: Christina’s 2/13/25 Substack, "So this is how liberty dies… " Making sense of Trump's first three weeks (categorizing 76 Trump administration actions and demonstrating how they align with authoritarianism). Christina’s 2/17/25 Substack, How to fight back: charting opposition to the actions of the Trump administration (showing how Blue states, labor organizations, and civil rights groups are doing the most – and what can be learned from them). The Just Security’s Litigation Tracker based at the Reiss Center on Law and Security at New York University School of Law. Vox’s 2/12/25 Unexplainable podcast, “Is Science in Danger?” (20 minutes) Noam Hassenfeld interviewing Derek Dowe (chemist/science writer) Transcript or podcast. Susan’s interview with Corey Brettschneider on his new Norton book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Elsa Stamatopoulou, "Indigenous Peoples in the International Arena: The Global Movement for Self-Determination" (Routledge, 2024)

  Elsa Stamatopoulou’s Indigenous Peoples in the International Arena: The Global Movement for Self-Determination (Routledge 2025) provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources. Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues. Elsa Stamatopoulou is Director of the Indigenous Peoples’ Rights Program and Adjunct Professor in the Institute for the Study of Human Rights, the Department of Anthropology, and the Center for the Study of Ethnicity and Race at Columbia University, USA. Elsa is also Former (the first) Chief of the Secretariat of the UN Permanent Forum on Indigenous Issues (among other functions at the UN). Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Ray Brescia, "The Private Is Political: Identity and Democracy in the Age of Surveillance Capitalism" (NYU Press, 2025)

  As Americans increasingly depend upon their phones, computers, and internet resources, their actions are less private than they believe. Data is routinely sold and shared with companies who want to sell something, political actors who want to analyze behavior, and law enforcement who seek to monitor and limit actions. In The Private is Political: Identity and Democracy in the Age of Surveillance Capitalism (NYU Press, 2025), law professor Ray Brescia explores the failure of existing legal systems and institutions to protect people’s online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. Surveillance, he suggests, will ultimately stifle our ability to live full lives, realize democracy, and shape the laws that affect our privacy itself. Brescia writes that “The search for identity and communion with others who share it has never been easier in all of human history. At the same time, our individual and collective identity is also under threat by a surveillance state like none that has ever existed before. This surveillance can be weaponized, not just for profit but also to promote political ends, and undermine efforts to achieve individual and collective self-determination” The book identifies the harms to individuals from privacy violations, provides an expansive definition of political privacy, and identifies the ‘integrity of identity’ as a central feature of democracy. The Private is Political lays out the features of Surveillance Capitalism and provides a roadmap for “muscular disclosure”: a comprehensive privacy regime to empower consumers to collectively safeguard privacy rights. Professor Ray Brescia is the Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of many scholarly works including Lawyer Nation: The Past, Present, and Future of the American Legal Profession (from NYU Press) and The Future of Change: How Technology Shapes Social Revolutions (from Cornell UP). He is also the author of public facing work, most recently “Elon Musk’s DOGE is executing a historically dangerous data breach” on MSNBC. He started his legal career at the Legal Aid Society of New York where he was a Skadden Fellow, and then served as the Associate Director at the Urban Justice Center, also in New York City, where he represented grassroots groups like tenant associations and low-wage worker groups. Ray’s blog is “The Future of Change” and you can find him on LinkedIn. Mentioned: Shoshana Zuboff on surveillance capitalism Supreme Court upholds TikTok ban, Amy Howe, SCOTUSBLOG Kevin Peter He on “data voodoo dolls” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Marie-France Fortin, "The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability" (Oxford UP, 2024)

  'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world. This interview was conducted by Dr. Miranda Melcher whose new 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. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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