New Books in Law

Has American democracy outstripped its constitutional accommodations? Faith in the resilience and adaptability of the US Constitution rests on a long history of finding new ways to make the system work. In The Adaptability Paradox: Political Inclusion and Constitutional Resilience (University of Chicago Press, 2025), political scientist Stephen Skowronek examines the rearrangements that regenerated the American government in the past and brings that experience to bear on our current predicament. He shows how a constitution framed in writing some 230 years ago can run into serious difficulties directly related to its long and impressive history of adaptation. Skowronek connects questions about the Constitution’s adaptability to the challenges of democratization. For most of American history, serial rearrangements of constitutional relationships widened the government’s purview as a national democracy without giving either nationalism or democracy free rein. Skowronek argues that the politics of adaptation shifted fundamentally with the “Rights Revolution” of the 1960s and `70s when American national democracy approached the inclusion of all its citizens on equal footing. Since then, power and authority have been reconfigured in ways that have steadily magnified conflicts over the essentials of good order. Conservatives aim to dismantle a Constitution that progressives are intent on building upon, and the consensus necessary for a constitutional democracy to function effectively has all but evaporated. No longer a socially bound framework for national action, the Constitution has become an abstract matrix of possibilities, a disembodied opportunity structure open to starkly different, mutually unacceptable futures. Rather than being liberated by this unbound Constitution, the American people now appear entrapped by it. Is it possible that the development of American democracy has exhausted the adaptive capacities of the Constitution? A timely reminder that constitutional democracies do not survive on faith alone, The Adaptability Paradox is a sober appraisal of the unfamiliar ground on which we now tread. Professor Stephen Skowronek is Pelatiah Perit Professor of Political Science and Professor in the Institution for Social and Policy Studies at Yale University. He is the author of many books on American Political Development, the presidency, and the administrative state. Dr Ursula Hackett is Reader in Politics at Royal Holloway, University of London. She is the author of America's Voucher Politics: How Elites Learned to Hide the State (Cambridge University Press, 2020) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The influence and spread of clans and families within the ‘ndrangheta - the Calabrian mafia - is international yet recognising their activities is not always easy, especially when considering mafia groups’ apparent ability to ‘disappear’ when abroad. How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility (Bristol University Press, 2025) by Professor Anna Sergi challenges existing myths about the mobility of this mafia group, emphasizing mafias' interconnectivity and ubiquity both at home and abroad, while providing practical tools for law enforcement and organized crime practitioners. It considers potential biases around ethnicities and surnames and the intergenerational diversification of mafias – for example, the use of encryption technologies. Combining theory with case studies drawn from Dr. Sergi’s extensive fieldwork, the book sets out the policy and practice implications for combatting organized crime. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others. Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Professor of Political Science/Social Justice and Human Rights at the New College of Interdisciplinary Arts and Sciences at Arizona State University. She is currently serving as the Interim Director of the School of Social and Behavioral Sciences. Her work explores when and under what conditions international law impacts the human rights of the most marginalized populations, focusing on both the opportunities and the challenges associated with this body of law. She has also focused on the role that international law can play in advancing the legal rights of sex trafficking victims. She has published 4 books and more than 15 articles and book chapters. Patricia C. Rodda is the Assistant Professor of Political Science at Carroll University in Waukesha, Wisconsin. She teaches international relations, comparative politics, international law, conflict and security and political theory. Her research often focuses on vulnerable populations and the challenges they face seeking human rights protections. She is currently working on a new book project that investigates the institutions and interests that facilitate or obstruct the adoption of women’s rights in Muslim-majority states. Charles “Tony” Smith is a Professor in Political Science and Law at the University of California-Irvine (PhD UCSD 2004; JD UF 1987). His research concerns how institutions and the strategic interactions of political actors relate to the contestation over rights, law, and democracy. He has authored or co-authored eight books including Sex Trafficking and Human Rights: The Status of Women and State Responses (Georgetown University Press 2022) and The Politics of Perverts: The Political Attitudes and Actions of Non-Traditional Sexual Minorities (NYU Press 2024) and published over 40 articles and chapters. He is currently the Editor in Chief of Political Research Quarterly. Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments 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

In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it. Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible. J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022). Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who are expatriates? How do they differ from other migrants? And why should we care about such distinctions? Expatriate: Following a Migration Category (Manchester University Press, 2023) by Dr. Sarah Kunz interrogates the contested category of 'the expatriate' to explore its history and politics, its making and lived experience. Drawing on ethnographic and archival research, the book offers a critical reading of International Human Resource Management literature, explores the work and history of the Expatriate Archive Centre in The Hague, and studies the usage and significance of the category in Kenyan history and present-day 'expat Nairobi'. Doing so, the book traces the figure of the expatriate from the mid-twentieth-century era of decolonisation to today's heated debates about migration. The expatriate emerges as a malleable and contested category, of shifting meaning and changing membership, and as passionately embraced by some as it is rejected by others. Dr. Kunz situates the changing usage of the term in the context of social, political and economic struggle and explores the material and discursive work the expatriate performs in negotiating social inequalities and power relations. Migration, the book argues, is a key terrain on which colonial power relations have been reproduced and translated, and migration categories are at the heart of the insidious ways that intersecting material and symbolic inequalities are enacted today. Any project for social justice needs to dissect and interrogate categories like the expatriate, and this book offers analytical and methodical strategies to advance this project. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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