New Books in Law

Today I'm speaking with Steven K. Green, Fred H. Paulus Professor of Law and Affiliated Professor of History and Religious Studies at Willamette University. We are discussing his book, American Infidelity: The Gilded Age Battle Over Freethought, Free Love, and Feminism (Oxford University Press, 2026). Since the first permanent Protestant settlement in Jamestown in 1607, Protestant Christianity has waxed and waned through a series of revivals, migrations, and challenges from alternative faiths like Catholicism and Mormonism. The Gilded Age, from roughly 1870 to 1900, was a unique period for Protestantism in American history. Most Americans still subscribed to a Protestant faith, though threats began to arise not from other confessions, but rather from philosophical and scientific challengers. The so-called freethinkers represented a broad range of beliefs and ideas, being united by a mutual skepticism of religious conservatism and traditional sexual and gender mores. American Infidelity tells the story of this tug-of-war for the soul of a nation, with Christianity on one side and the legacy of thinkers like Thomas Paine on the other.

Caleb Zakarin is CEO and Publisher of the New Books Network.
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The
early twenty-first century ushered in a period of change in Bolivia.
The country welcomed its first Indigenous president, a new constitution,
and a profusion of laws that recognized individual music and dance
expressions as intangible cultural heritage. Using cultural heritage
lawmaking as a window through which to view the de-centered workings of the Indigenous-focused Plurinational Bolivian State, Heritage Fever: Law and Cultural Politics in a Decolonizing State
(Oxford University Press, 2025) by Dr. Michelle Bigenho and Dr. Henry
Stobart unpacks the myriad motivations for heritage making in this this
politically transformative moment. Heritage Fever reorients
UNESCO-driven heritage debates towards a different set of questions—a pivot the authors call “heritage otherwise.”

These
inquiries focus on how citizens use law to frame expressive culture and
engage their new state. Through grounded case studies, Bigenho and
Stobart reveal how competing claims over cultural expressions stimulate
aficionado research and produce an abundance of cultural activities.
Managing these productive conflicts often involves strategic uses of
scale within the country's new political autonomies, even as old-style
nationalisms lurk beneath a plurinational sheen. One case study highlights
imagined Indigenous autonomy as bolstered by decolonizing
historiography that predates the Plurinational State by several decades.

Privileging
the stories told by those who championed or who were bureaucratically
involved in the respective heritage-making campaigns, Heritage Fever's
research draws from the authors' combined fieldwork in Bolivia over the
last 30 years, recent multi-sited fieldwork conducted as a team, and
ethnographic interviews conducted with Bolivians involved in
heritage-making projects. Contributing to legal anthropology, critical
heritage studies, ethnomusicology, and anthropology of the state, Heritage Fever
looks beyond intellectual property frames, opens new perspectives on
archival thinking, reflects on decolonizing practices in expertise and
knowledge production, and uncovers the agency of mid-level citizens in a
decolonizing state.

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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A leading social critic identifies our least-discussed major crisis, and sets out to solve it.

As Americans debate President Biden’s infirmities and President Trump’s erratic behavior, we’ve neglected the bigger problem before us: a massive transfer of power and wealth to the oldest among us, and the curtailment of the prospects of the young. In Gerontocracy in America: How the Old Are Hoarding Power and Wealth—and What to Do About It (Farrar, Straus & Giroux, 2026), the historian and social critic Samuel Moyn offers a piercing diagnosis of our age divide and its consequences. Even apart from the presidency, in legislatures, businesses, and the courts, the average leader’s age has risen dramatically. The elderly predominantly fund campaigns and dominate their agendas, often with the intent to block any challenge to their status. The tax code is rigged on their behalf, as is an economy geared to sheltering financial and housing assets. The United States was founded on the promise of generational renovation but has become an increasingly febrile country of old men.

But it doesn’t need to be this way. With understanding and wit, Moyn shows how elder power can be dismantled. With strong safety nets in place, mandatory retirement ages can be established. The early transfer of assets between generations could be encouraged and young voters can be granted more voice. In such a world, the elderly themselves would be freed from power games to confront the existential opportunities of aging, while the young would find their path to starting out in life unblocked at
last.

Samuel Moyn is the Kent Professor of Law and History at Yale University. His books include Humane: How the United States Abandoned Peace and Reinvented War, The Last Utopia, and Not Enough: Human Rights in an Unequal World. Cohost of the Digging a Hole podcast, he is a frequent contributor to The New York Times and many other publications.
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Fear of the False: Forensic Science and the Law of Crime in Colonial South Asia
(Cornell University Press, 2026) uncovers colonial South Asia's
critical role in the development of forensic science. Around 1900, the
government of British India created a web of institutions for the
scientific detection of crime. Driven by anxieties about "native
mendacity," newly minted forensic analysts focused on uncovering faked
evidence planted by South Asians. These experts, joining toxicologists
known as "chemical examiners," were supposed to extract objective,
scientific truth in the service of British justice. But in trying to
counteract the presumed tendency of colonized peoples to lie, the system
enabled widespread misconduct by state experts, increasing the risk of
wrongful convictions of South Asian defendants. Through scrupulously
documented legal cases, Mitra Sharafi reveals that colonial dynamics put
special pressure on the relationship between truth and justice.
Examining falsity on both sides of the law through the use of testing to
(mis)identify poisons, blood, and spermatozoa, as well as debates over
adversarialism and inquisitorialism in the colonial courtroom, Fear of
the False explores advances in forensic science and shortcuts in
criminal procedure against the backdrop of colonial mistrust. Thanks
to generous funding from the University of Wisconsin Law School, the
ebook editions of this book are available as open access volumes through
the Cornell Open initiative.

Mitra Sharafi
is a legal historian whose research focuses on South Asia. She is the
Evjue-Bascom Professor of Law at University of Wisconsin-Madison and
currently serves as the president of the American Society for Legal
History. She has been the host of the South Asian Legal History Resources website since 2010.

Saumya Dadoo is a PhD candidate at Columbia University's Department of Middle East, South Asian, and African Studies (MESAAS).
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In Cast Out: A Call For A Forgiving Society in an Age of Incarceration (Beacon Press, 2026), civil rights lawyer Joseph Margulies insists that those who commit even the most heinous crimes are one of us and should be judged in a spirit of forgiveness. He explains that American society is too often unforgiving, preferring to cast out those we consider irredeemable by fixating narrowly on the question What did they do? and imagining that those who have done great wrongs have no past worth learning and no future worth preserving.Through intimate interviews, his rich chapters bring to life 6 men and women, sharing their (sometimes brutal) crimes, the grim but all-too-human paths that led them there, and their evolution and insights. Eye-opening and unflinching, Cast Out makes us truly see those society locks away—the so-called “worst of the worst.” It challenges the reader to see us in them and them in us, and in that way, to recognize the humanity we all share.

Guest: Joseph Margulies is a writer, litigator, Professor of the Practice of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), and in Munaf v. Geren (2008). His books include Guantánamo and the Abuse of Presidential Power; and Cast Out.

Host: Dr. Christina Gessler is an academic writing coach and editor. She is the creator, producer and host of the Academic Life podcast.

Playlist for listeners:

The Coroner's Silence

Ghost In The Criminal Justice Machine

Hands Up Don't Shoot

Freemans Challenge

The Journal Of Higher Education In Prison

Education Behind The Wall

Secrets Of The Killing State

Stitching Freedom

The Emerson Prison Initiative

The Names Of All The Flowers

Pink Crime

Carceral Apartheid

The Criminal Record Complex

Welcome to Academic Life, the podcast for your academic journey—and beyond! Please join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 300+ Academic Life episodes? Find them here. And thank you for listening!
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