New Books in Law

• Postscript: How Trump’s Executive Order Contradicts Birthright Citizenship

  Birthright citizenship is established in the first sentence of the Fourteenth Amendment to the United States Constitution – yet Donald Trump’s recent Executive Order 14160 denies some types of birthright citizenship. The Order contradicts over a century of American law, legal practice, and constitutional interpretation. Three groups have opposed the order as unconstitutional and challenged it in the courts: and cities, civil rights organizations, and labor organizations. In the podcast, three scholars to help Susan and Lilly interrogate the meaning of natural born citizenship, the political ramifications of Trump’s order, and the complicated history of natural born citizenship in the United States. Dr. Anna O. Law is the Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at Brooklyn College, City University of New York. Julie Novkov is Dean of Rockefeller College of Public Affairs and Policy and Professor of Political Science and Women’s, Gender, and Sexuality Studies, University at Albany, SUNY. Carol Nackenoff is the Emerita Richter Professor of Political Science, Swarthmore College Mentioned: Calvin’s Case (1608) Donald Trump’s Executive order 14160 Julie and Carol’s 2021 book American by Birth: Wong Kim Ark and the Battle for Citizenship and their NBN interview with Susan. Anna’s 2025 FREE open-access article “The Civil War and Reconstruction Amendments’ Effects on Citizenship and Migration” Anna’s NBN conversation with Heath Brown on her 2017 book, The Immigration Battle in American Courts Lilly’s conversation with Martha Jones about her book, Birthright Citizens: A History of Race and Rights in Antebellum America Kate Masur, Until Justice Be Done: America’s First Civil Rights Movement, from Revolution to Reconstruction (2021) Lilly’s NBN conversation with Elizabeth Cohen and Cyril Ghosh about their 2019 book Citizenship 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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• Melissa Vise, "The Unruly Tongue: Speech and Violence in Medieval Italy" (U Pennsylvania Press, 2025)

  The Unruly Tongue: Speech and Violence in Medieval Italy (University of Pennsylvania Press, 2025) by Dr. Melissa Vise, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, Dr. Vise locates the history of the repression of speech not in Europe’s monarchies but rather in Italy’s republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Dr. Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe. The medieval citizens of Italy’s republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom. Speech-making was the means for speaking the republic itself into existence against the opposition of aristocracy, empire, and papacy. But because words had power, they could also be deployed as weapons. Speech contained the potential for violence and presented a threat to political and social order, and thus needed to be controlled. Dr. Vise shows how the laws that governed and curtailed speech in medieval Italy represented broader cultural understandings of human susceptibility to speech. Tracing anthropologies of speech from religious to political discourse, from civic courts to ecclesiastical courts, from medical texts to the works of Dante and Boccaccio, The Unruly Tongue demonstrates that the thirteenth century marked a major shift in how people perceived the power, and the threat, of speech: a change in thinking about “what words do.” 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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• Kristin A. Olbertson, "The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776" (Cambridge UP, 2022)

  The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 (Cambridge University Press, 2022) by Dr. Kristin Olbertson is the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness. Analyzing provincial statutes and hundreds of criminal prosecutions, Dr. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effectuate the British Empire. In this unique and fascinating work, Dr. Olbertson reveals how ordinary people interacted with and shaped legal institutions. 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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• Kimberly Clausing, "Open: The Progressive Case for Free Trade, Immigration, and Global Capital" (Harvard UP, 2019)

  Critics on the Left have long attacked open markets and free trade agreements for exploiting the poor and undermining labor, while those on the Right complain that they unjustly penalize workers back home. In Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019), Kimberly Clausing takes on old and new skeptics in her compelling case that open economies are actually a force for good. Turning to the data to separate substance from spin, she shows how international trade makes countries richer, raises living standards, benefits consumers, and brings nations together. At a time when borders are closing and the safety of global supply chains is being thrown into question, she outlines a clear agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy and establish a better partnership between labor and the business community. Kimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy at the UCLA School of Law. During the first part of the Biden Administration, Clausing was the Deputy Assistant Secretary for Tax Analysis in the US Department of the Treasury, serving as the lead economist in the Office of Tax Policy. Prior to coming to UCLA, Clausing was the Thormund A. Miller and Walter Mintz Professor of Economics at Reed College. Professor Clausing is also a nonresident senior fellow at the Peterson Institute for International Economics, a member of the Council on Foreign Relations, and a research associate at the National Bureau of Economic Research. She has worked on economic policy research with the International Monetary Fund, the Hamilton Project, the Brookings Institution, the Tax Policy Center, and the Center for American Progress. She has testified before the House Ways and Means Committee, the Senate Committee on Finance, the Senate Committee on the Budget, and the Joint Economic Committee. Professor Clausing received her B.A. from Carleton College in 1991 and her Ph.D. from Harvard University in 1996, both in economics. Other New Books Networks interviews on related themes include Yale economist Penny Goldberg, former Chief Economist of the World Bank, on The Unequal Effects of Globalization, Princeton economist Leah Boustan on how immigrants have contributed to and rapidly assimilated into US society, and University of Massachusetts economist Isabella Weber on China's process of integration into the world economy. 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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• Jorge Goldstein, "Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology" (Georgetown UP, 2025)

  In this episode, Jorge Goldstein, the author of Patenting Life, delves into the critical junction where biotechnology meets patent law. With a background as a molecular biologist turned patent attorney, Goldstein offers unique insights into how commercial biology has evolved and its profound effects on patent regulations. The discussion takes listeners on a journey from the early days of recombinant DNA technology to the cutting-edge advancements of CRISPR. Goldstein articulates how the commercialization of biological research influences scientific inquiry and reshapes patent law, highlighting key legal cases that have set the boundaries for patenting living organisms while addressing the complex ethical considerations that accompany these developments. A significant theme in the conversation is the ongoing tension between academic research and commercial interests. Goldstein explains how this dynamic has molded patent policies and research agendas, emphasizing the concept of “enabling life” through patents. He also touches on emerging challenges posed by technologies like AI in biotechnology, raising questions about ownership and consent regarding biological materials and genetic data. Reflecting on broader ethical implications, Goldstein discusses the responsibilities that come with innovation in biotechnology and patent law while considering the future challenges for intellectual property frameworks, particularly in light of advancements in CRISPR and synthetic biology. This episode provides a comprehensive overview of how the patenting of life has transformed not only biology and medicine but also the legal landscape, prompting listeners to think critically about the implications of these changes for society. 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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