New Books in Law

A provocative new history of America's constitution and an urgent call to action for a nation confronted by challenges its founders could never have imagined

The American Revolution occurred at a time when Britain's constitutional order failed to adapt to the extraordinary growth of its colonies. The framers designed an American constitution to succeed where Britain's had faltered, planning for continuous population and territorial expansion that would eventually cross the continent. Yet by the end of the nineteenth century, it was already ill-suited for an increasingly urban, industrialized society, and the transformations of the twentieth century have pushed it to a breaking point. The Making and Breaking of the American Constitution: A Thousand-Year History (Princeton UP, 2026) charts the history and aims of the American constitution from its origins in an agrarian past to the grave crisis we face today.

Mark Peterson traces the American constitutional tradition to the control of land in medieval England, showing how the founders incorporated the aspirations of Magna Carta with the administrative principles of the Domesday Book, a meticulous survey and valuation of landed property commissioned by William the Conqueror. This framework encouraged the growth of democratic self-government in a young nation. It also institutionalized the colonization of territory and the expulsion of Indigenous peoples, establishing a legal blueprint for transforming tribal lands into revenue-yielding real estate for settlers. Peterson's riveting narrative paints an arresting picture of a dynamic republic whose frame of government has changed enormously to meet the challenges of the modern age but whose written constitution has changed very little.

Marking the 250th anniversary of American independence, The Making and Breaking of the American Constitution reveals how this widening disconnect threatens the very existence of our democracy. It calls for a constitution that sustains the ideals developed over the past thousand years while meeting the challenges of the future.

Mark Peterson is the Edmund S. Morgan Professor of History at Yale University. He is the author of The City-State of Boston: The Rise and Fall of an Atlantic Power, 1630–1865 (Princeton) and The Price of Redemption: The Spiritual Economy of Puritan New England.

Mark Peterson traces the American constitutional tradition to the control of land in medieval England, showing how the founders incorporated the aspirations of Magna Carta with the administrative principles of the Domesday Book, a meticulous survey and valuation of landed property commissioned by William the Conqueror. This framework encouraged the growth of democratic self-government in a young nation. It also institutionalized the colonization of territory and the expulsion of Indigenous peoples, establishing a legal blueprint for transforming tribal lands into revenue-yielding real estate for settlers. Peterson’s riveting narrative paints an arresting picture of a dynamic republic whose frame of government has changed enormously to meet the challenges of the modern age but whose written constitution has changed very little.
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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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Today we think of land as the paradigmatic example of property, while in the past, the paradigmatic example was often a slave. In this seminal work, James Q. Whitman asserts that there is no natural form of ownership. Whitman dives deep into the long Western history of this transformation in the legal imagination – the transformation from the ownership of humans and other living creatures to the ownership of land. This change extended over many centuries, coming to fruition only on the threshold of the modern era. It brought with it profound changes, not only in the way we understand ownership but also in the way we understand the state. Its most dramatic consequence arrived in the nineteenth century, with the final disappearance of the lawful private ownership of humans, which had been taken for granted for thousands of years.

James Q. Whitman is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School. He earned his B.A. and J.D. from Yale University and Law School and also holds an M.A. in European History from Columbia University and a Ph.D. in Intellectual History from the University of Chicago.

Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature.

YouTube Channel: https://www.youtube.com/user/a48266/videos
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2026 marks the 20th year of publishing Genocide Studies International. The journal's first issue was a special issue on genocide in Darfur. Twenty years later, newspapers and podcasts are talking again about mass violence in Sudan.

So I thought it would be a good time to host a discussion among current and former editors of the journal about the state of genocide studies and about how academic journals can contribute to its goals. We talked about the nature of the field of genocide studies, about what it means to be a scholar in a field where activism is common, and about how GSI understands its purpose. And we say a bit to graduate students and early career academics about how to get an article published in GS.

If you're interested in this interview, I'd suggest looking back in the NBGS archives to look for discussions about the purpose of genocide education with Maureen Hiebert and Jim Waller and an interview with John Roth and Carol Rittner about their belief that Holocaust and Genocide education is failing to achieve that purpose.

Genocide Studies International is a journal of the Zoryan Institute and is published by University of Toronto Press. You can find more information about Zoryan here Home - Zoryan Institute and suscribe to the journal here Genocide Studies International Home | University of Toronto Press
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In this episode Claudia Radiven and Amina Easat-Daas were joined by Alba Kapoor. Kapoor is the racial justice lead at Amnesty International UK and previously led the policy team at the Runnymede Trust. Alba Kapoor shared the cutting edge work that Amnesty International UK is leading around racial justice, the surveilling of black and brown communities in the UK through existing policy infrastructure such as Prevent, or new and emergent facial recognition technologies. She also discussed forthcoming research from Amnesty examining the silencing of pro-Palestine narratives in academic contexts and the broader questions that this raises around freedoms and rights. Finally, Kapoor linked this to the pressing issues posed by the growth of the far-right in the UK.
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