New Books in Law

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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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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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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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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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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