New Books in Law

A New Approach to Political Speech: Democratic Theory, Constitutional Law, and Public Liberty After January 6 (de Gruyter, 2026) challenges conventional understandings of political speech and its relationship to democracy. Through a focused case study of Donald Trump's role in attempting to overturn the 2020 election and the prosecutions stemming from it, Erik Olsen develops a critique of the prevailing view that political speech is a private right that is only instrumentally related to political action. He advocates instead for a theoretical framework that treats political speech as a form of communicative action and balances the protection of free expression with the need to safeguard core democratic practices and processes. He thus outlines a more robust First Amendment jurisprudence that can better defend both public liberty and democratic institutions from authoritarian threats in the current era of democratic backsliding.

Erik J. Olsen is Professor Emeritus of Political Science at Seattle University.

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