Introduction
Each month the Law Library adds new books to our collection. Here is a selection of titles added in the last month. You'll find them on the New Book display by the front door of the Boley Law Library, or shelved in their proper spot.
Click on the titles to see if they are available. Come to the library and check them out or, literally, come check them out of the library. Faculty, send us your requests and we'll have them in your inbox the next day.
Animal Law
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Laboratory Animals
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Laboratory Animals: Regulations and Recommendations for Global Collaborative Research is the only publication to offer a compilation of standards across the world in the care, welfare and use of animals in research. Timely in the new legislation in numerous regions of the world, this book provides the information in easily accessible, readable language. For professionals across laboratory animal science and biomedical research, Laboratory Animals: Regulations and Recommendations for Global Collaborative Research provides a broad picture of the regulations required in other areas of the world and is essential to appropriately manage animal care and use programs.
Call Number: K3622 .L33 2014ISBN: 9780123978561Publication Date: 2013-11-29
Constitutional Law and Jurisprudence
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State Constitutional Politics
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Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.
Call Number: EbookISBN: 9780226532783Publication Date: 2018-04-06
Environmental, Energy, and Natural Resources Law
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Paying the Carbon Price
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Paying the Carbon Price analyses the practice of freely allocating permits in Emissions Trading Schemes (ETSs) and demonstrates how many heavy polluters participating in ETSs are not yet paying the full price of carbon. This innovative book provides a framework to assist policymakers in the design of transitional assistance measures that are both legally robust and will support the effectiveness of the ETSs whilst limiting negative impacts on international trade.Within the realm of international and comparative law, this book closes the gap between the legal frameworks of ETSs in practice, the economic research data and the doctrinal analysis of WTO law. These interesting insights and fresh ideas explore the connection between ETSs, the problems with free allocation of emission permits and the analysis of complex legal instruments.This accessible resource will be invaluable for those researching and teaching climate change law and policy, international trade law and environmental economics. It will also be a useful tool for policymakers, lawyers and economists.
Call Number: K3593.5 .C37 A93 2017ISBN: 9781786439406Publication Date: 2017-12-29 -
Procedural Environmental Rights
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This book is the fourth volume in the European Environmental Law Forum (EELF) book series. The Fourth EELF Conference dedicated to Procedural Environmental Rights of the public was organised in Breslau (also known as Wroclaw) September 14-16, 2016, by the Faculty of Law of the University of Breslau in co-operation with the Environmental Law Center, Breslau, the law firm Jendroska Jerzmanski Bar & Partners and the Faculty of Law of the University of Opole. Procedural Environmental Rights: Principle X in Theory and Practice is not a random collection of papers presented at the conference but rather a monograph presenting in a structured manner some of the topical issues related to this subject. It provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration. The book goes far beyond presenting merely the issues related to environmental procedural rights in Europe-it brings together the expertise of worldwide legal scholars, representing a wide range of legal cultures, to discuss the adoption and implementation of procedural environmental rights in different jurisdictions and under various legal instruments. Furthermore, it provides insight into the various aspects of procedural environmental rights ranging from theoretical issues of global application to practical problems at local level. (Series: European Environmental Law Forum, Vol. 4) [Subject: Environmental Law, European Law]
Call Number: K3585.8 .P76 2017ISBN: 9781780686103Publication Date: 2018-02-22
Family Law
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Traumatic Divorce and Separation
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Traumatic Divorce and Separation integrates the conflicting mental health perspectives concerning trauma theory and the study of divorce, in what the author has termed "traumatic divorce" -- that is, divorce complicated by the high-risk factors of domestic violence, mental illness, and/or substance abuse. The text's interdisciplinary discussion examines issues of financial disparities for women following divorce, traumatic symptoms in children and adults, and the legal controversies about the admissibility of psychological theories related to abuse. The author also addresses: domestic violence as a gendered crime against women; the need for a trauma-informed judicial response; and the need for a systemic judicial response that incorporates an understanding of domestic violence and child maltreatment to provide services and protections. The book is an invaluable resource for professionals and academics in social work, forensic psychology, law, and related mental health fields, as well as academics interested in gender based discrimination in the courts.
Call Number: KF535 .F57 2018ISBN: 9780190275983Publication Date: 2018-05-17
Health Law
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Healthism
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Can an employer refuse to hire someone who tests positive for nicotine or alcohol? Can an airline or movie theatre require overweight customers to purchase two seats? Can a health insurance company refuse to sell policies to those most in need of medical care? Can the government condition public assistance on wellness program participation or work activity? In this illuminating book, Jessica L. Roberts and Elizabeth Weeks consider these and similar questions, offering readers a nuanced analysis of when and why discrimination based on health status - or 'healthism' - should be allowed, and when it should not. They provide a methodology to distinguish desirable health-based classifications from the undesirable, and propose law and policy solutions to encourage the former and limit the latter. This work should be read by anyone concerned with how government does - and does not - regulate based on health.
Call Number: KF3605 .R63 2018ISBN: 9781107160385Publication Date: 2018-11-15
Immigration Law
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Challenging Immigration Detention
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Governments increasingly rely upon detention to control the movement of undocumented migrants and asylum seekers. The deprivation of liberty of non-citizens due to their undocumented or irregular status is often fraught with gross injustices. This book stresses the need for global policy-makers to address these practices in order to ensure compliance with fundamental human rights and prevent detention abuses. Approaching detention from an interdisciplinary perspective, this volume brings together leading writers and thinkers to provide a greater understanding of why it is such an important social phenomenon and suggest ways to confront it locally and globally. Challenging Immigration Detention thematically examines a broad range of situations across the globe, with contributors providing overviews of key issues, case studies and experiences in their fields, while highlighting potential strategies for curbing detention abuses. Demonstrating the value of varied analytical frameworks and investigative angles, the contributors provide urgently needed insight into a growing human rights issue. With cross-disciplinary investigation into an issue with immediate global importance, Challenging Immigration Detention is vital for undergraduates, postgraduates, activists, lawyers and policy-makers interested in international human rights. National and international humanitarian organizations and advocacy groups working in migrant and asylum rights will find this a compelling and diverse overview of migrant detention.
Call Number: K3275 .C43 2017ISBN: 9781785368059Publication Date: 2017-09-29 -
Detain and Punish
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Immigrants make up the largest proportion of federal prisoners in the United States, incarcerated in a vast network of more than two hundred detention facilities. This book investigates when detention became a centerpiece of U.S. immigration policy, revealing why the practice was reinstituted in 1981 after being halted for several decades and how the system expanded to become the world's largest immigration detention regime.From the Krome Detention Center in Miami to Guantanamo Bay, Cuba, and to jails and prisons across the country, Haitians have been at the center of the story of immigration detention. When an influx of Haitian migrants and asylum seekers came to the U.S. in the 1970s, the government responded with exclusionary policies and detention, setting a precedent for future waves of immigrants. Carl Lindskoog details the discrimination Haitian refugees faced and how their resistance to this treatment--in the form of legal action and activism--prompted the government to reinforce its detention program and create an even larger system of facilities. Drawing on extensive archival research, including government documents, advocacy group archives, and periodicals, Lindskoog provides the first in-depth history of Haitians and immigration detention in the United States.Lindskoog asserts that systems designed for Haitian refugees laid the groundwork for the way immigrants to America are treated today. Detain and Punish provides essential historical context for the challenges faced by today's immigrant groups, which are some of the most critical issues of our time.
Call Number: KF4836 .L56 2018ISBN: 9781683400400Publication Date: 2018-08-14
Intellectual Property
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Reclaiming Fair Use
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Reclaiming Fair Use challenges the view that digital culture is incompatible with core copyright values. Beginning with an overview of the contemporary copyright landscape, Patricia Aufderheide and Peter Jaszi show how creators can rely on fair-use rights to make new work employing a range of information technologies. They draw on deep experience helping documentary filmmakers, English teachers, librarians, visual arts professionals, and nonfiction authors, among others, to develop their own codes of fair-use best practices. This second edition charts the burgeoning of fair use in law and practice since the book's original publication in 2011. It tracks the Twitter hashtag #WTFU (where's the fair use?), the maturing of the transformative use standard in legal disputes, and controversies about topics such as remix art and mass digitization. It provides new research authoritatively documenting changes in both attitude and practice among communities with fair-use codes. This research contributes to the growing international debate on copyright exceptions and their cultural and economic effects. With its no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in intellectual property law, creative communities, the economics of copyright, and new media. Book jacket.
Call Number: KF3020 .A984 2018ISBN: 9780226374192Publication Date: 2018-04-27
International and Foreign
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Comparative Administrative Law
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This book offers a comparative introduction to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the ætransboundaryÆ understanding of different regimes related to actions and decisions of the administration.
Call Number: K3400 .A935 2018ISBN: 9781780686301Publication Date: 2018-01-31 -
Comparative Constitutional Theory
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The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.
Call Number: K3165 .C6635 2018ISBN: 9781784719128Publication Date: 2018-02-23
Legal History
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Constitution making in Indiana : a source book of constitutional documents with historical introduction and critical notes by v. 1. 1780-1851.-- v. 2. 1851-1916.--v. 3. 1916-1930.--v. 4.1930-1960.Call Number: New Book KFI3400 .K45Publication Date: 1971-
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The Indiana Constitutional Convention of 1850-1851 by Explores Indiana's second constitutional convention which resulted in the Constitution of 1851. Issues debated at the constitutional convention included the state banking system, rights of freemen, property rights of women, reform of the criminal justice process, revisions to the judiciary and the roles of state and local government.Call Number: KFI3401 1851 .A29 2009Publication Date: 2009
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The Indiana State Constitution
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The only book-length investigation of the Indiana Constitution, this volume provides a realistic perspective of the formation and evolutionary change of the constitution's provisions. The 1851 Constitution has developed gradually since its adoption, with a minimum of formal amendments, and the constraints on government under the original act are evident today. Relying extensively on state court decisions and reasoning, this book illustrates the scattered and episodic adaptation of the constitutional language to current governmental needs. It shows the limited ability, imposed by the original act, of the state government to make adjustments to recent issues and pressures. This work shows the limitations that a heavily political context, evident in the original document, can impose on the development and operation of a constitution. The book develops a clear outline of the current meaning of the provisions of the Indiana State Constitution and provides the historical and political context that accounts for its development. The treatment provides readers with an accurate, comprehensive perspective on the meaning of the Indiana Constitution.
Call Number: KFI3401 1851.A6 M38 1996ISBN: 0313292086Publication Date: 1996-07-11
Legal Research and Writing
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Regulation of the Funeral Services Industry
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For most of human history, indeed for most of American history, the preparation of the dead for disposition was a responsibility primarily discharged by families, friends, and religious organizations. This largely philanthropic activity turned almost completely commercial in the first decades of the 20th century due in large part to increased urbanization and mobility. In the United States today, the disposition of human remains is primarily delegated to the for-profit deathcare industry. This book focuses on the regulation of providers of services related to the preparation of human remains for final disposition and coordination of emorialization and disposition, which is referred to as the "funeral services industry" to distinguish it from the broader deathcare industry. The participants in the funeral services industry are typically referred to as funeral directors, undertakers, morticians, and embalmers who do business in funeral homes. The funeral services industry is highly regulated. The primary means of regulation are state occupational licensing statutes and the Federal Trade Commission's "Funeral Rule." Statutes related to the licensure of crematories and crematory operators, and statutes regulating the sale of pre-need funeral goods and services are closely related to the occupational licensing regime for the funeral services industry and are therefore included in this book.--Publisher.
Call Number: KF2042.U5 M37 2018ISBN: 0837740010Publication Date: 2018-01-01
Practice of Law
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Conflicts of Interest in the Practice of Law
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Call Number: KF308 .F522 2015ISBN: 1890080217Publication Date: 2015-01-01
Other Subject Areas
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The Pacific Insular Case of American Sāmoa
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This book is a researched study of land issues in American Sāmoa that analyzes the impact of U.S. colonialism and empire building in the nineteenth and twentieth centuries. Carefully tracing changes in land laws up to the present, this volume also draws on a careful examination of legal traditions, administrative decisions, court cases and rising tensions between indigenous customary land tenure practices in American Sāmoa and Western notions of individual private ownership. It also highlights how unusual the status of American Sāmoa is in its relationship with the U.S., namely as the only "unincorporated" and "unorganized" overseas territory, and aims to expand the U.S. empire-building scholarship to include and recognize American Sāmoa into the vernacular of Americanization projects.
Call Number: HD1251 .K78 2018ISBN: 3319699709Publication Date: 2018-02-15 -
Truth in Lending
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The Law of Truth in Lending provides comprehensive coverage of Truth in Lending (TIL) law through 2013, describing the current state of the law and its evolution over the past 40 years, with citations to current and historically significant authority. The book includes important changes in the law, with a focus on changes since 2006. The description of these changes, placed in the broader context of pre-existing law, provides a unique resource for any practitioner confronted with TIL issues or questions. The book advises practitioners on the scope and explains the issues when considering matters of Truth in Lending (TIL) compliance, disclosure, remediation, and enforcement. Areas discussed include: statutory/regulatory provisions and case law on calculating and disclosing the finance charge APR calculation and disclosure real estate transactions changes implemented from the CARD act since 2009 litigation developments and much more "
Call Number: KF1040 .R64 2014ISBN: 9781627225816Publication Date: 2015-09-07
