New Books in Law

Since the late nineteenth century, the US federal government has enjoyed exclusive authority to decide whether someone has the ability to enter and stay in US territory. But freedom of movement was not guaranteed in the British colonies or early US. By contrast, voluntary migrants were met with strict laws and policies created by colonies and states, which denied free mobility and settlement in their territories to unwanted populations. 

Migration and the Origins of American Citizenship: African Americans, Native Americans, and Immigrants (Oxford University Press, 2026) by Dr. Anna O. Law presents a story of constitutional development that traces the confluence of the logics of slavery and settler colonialism in early legal rulings and public policy about migration and citizenship. The book examines the division of labor between the national and state governments that endured for over a century, reasons why that arrangement changed in the late nineteenth century, and what the transformation meant for people subject to those regimes of control. Drawing into one study the migration policy histories of groups of people that are usually studied separately, and
combining the methodologies of political science, history, and law, Dr. Law reveals the unmistakable effects of slavery and Native American dispossession in modern US immigration policy. 

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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Here in Episode 8 of Season 5, I interview Professor Sherif Girgis. A graduate of Princeton University, the University of Oxford, and Yale Law School, Girgis is a tenured professor of law at the Notre Dame Law School and a Spring 2026 visiting professor at Harvard Law School. A former law clerk to Justice Samuel Alito and member of the American Academy of the Arts and Letters, he is co-author of two books: What is Marriage? Man, Woman, A Defense (2012), and Debating Religious Liberty and Discrimination (2017).

Using some of his recent articles and speeches—such as “The Future of Originalism” (2026)—we discuss the current state of constitutional jurisprudence. As an originalist and textualist reading of the Constitution has, thanks to advocacy groups like the Federalist Society, gone from a dissenting movement to the current governing theory of the Supreme Court, new problems have arisen that go beyond what early forerunners like Robert Bork and Antonin Scalia foresaw. We also discuss other (often competing) theories like living constitutionalism and living traditionalism, whether success has undone originalism, and what the future holds for this legal movement.

Hosted by Ryan Shinkel, Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. The transcript for this interview is available on our new Substack page, “Madison’s Footnotes.”
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Justin Randolph, assistant professor of history at Texas A&M University, joins Michael Stauch to discuss Mississippi Law: Policing and Reform in America’s Jim Crow Countryside (UNC Press, 2026), his new book on policing in Jim Crow Mississippi, told through the lens of that state’s highway patrol. Using oral history and a wide range of archival sources, Randolph narrates efforts by elites in Mississippi to modernize the police while maintaining social hierarchies, as well as efforts on the part of Black Mississippians to envision a world without police.

Highlights include:

What a focus on state-level policing adds to our understanding of policing;

How the founding of the Mississippi highway patrol brought together various forms of policing in the Southwest, including the Texas rangers;

A surprisingly robust discussion of cows, including Mississippi’s economic transformation to a center of cattle raising and the rise of cattlemen’s “Massive Resistance” in the 1950s;

What Nina Simone revealed about policing in Mississippi, and the myth of Southern exceptionalism, in her song “Mississippi Goddam.”

Guest: Justin Randolph is an assistant professor of history at Texas A&M University, and his other research projects include histories of police desegregation, rural debt peonage, the Taser, and 9-1-1. His writing has appeared in scholarly outlets like the Journal of Southern History and Southern Cultures. He has also written for popular outlets such as The Washington Post, The Mississippi Encyclopedia, and the Mississippi Center for Investigative Reporting. He has received an American Council of Learned Societies (ACLS) Fellowship and prizes from both the Southern Historical Association and Agricultural History Society.

Host: Michael Stauch is an associate professor of history at the University of Toledo and the author of Wildcat of the Streets: Detroit in the Age of Community Policing, published by the University of Pennsylvania Press in 2025.
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The Tenement Museum preserves and interprets the personal stories of residents of two buildings on the Lower East Side of Manhattan. Ninety-seven Orchard Street opened in 1863 and housed a succession of European immigrants until the double blow of the Great Depression and the impact of the 1924 Johnson Reed Act forced the landlord to evict the tenants. Down the block, 103 Orchard, built in 1888, kept its doors open throughout the twentieth century, hosting Jewish and Italian immigrants in its early years, and Holocaust refugees, Puerto Rican migrants and Chinese immigrants in its later years. This program traces how immigration law impacted the residents of these buildings, and how they carved out new lives once they arrived. Census records, newspaper articles and oral histories—with a focus on YIVO primary sources—will be used to bring the families’ situations to life and situate them in their contexts.

This lecture originally took place on June 24, 2021.
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Recovering the Internet: How Big Tech Took Control-And How We Can Take It Back (Columbia Global Reports, 2026)is an indictment of how Big Tech cloaks ruthless commercial exploitation in the language of free speech. Olivier Sylvain, a leading legal scholar and former senior advisor at the Federal Trade Commission, exposes the incentives behind social media design, revealing how they trap users in cycles of addiction, misinformation, and harm—from fatal TikTok challenges to AI chatbot codependency.

With clarity and urgency, Sylvain dismantles the libertarian mythology that shaped internet law and calls for a new legal regime that protects users over platforms. Recovering the Internet is a powerful, original intervention into the most urgent policy debate of our time—what it will take to reclaim the digital public sphere.

Find out more here

Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems.
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