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.
Business, Investment, and Tax Law
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Transactional Skills
by
This book is designed to help train law students in the skills needed for successful transactional lawyering. Through carefully designed text and exercises, the first part of the book helps students understand and strategically use the different types of contract terms, translate deal terms to precise contract language, use forms appropriately, and spot and resolve ambiguity. Students also practice deal design, due diligence, and negotiating contract language. The second part of the book consists of four simulated commercial transactions through which students further develop their transactional lawyering skills by structuring, negotiating, and documenting a deal on behalf of a one of the parties to the transaction. Most of the exercises are based on recent cases or the documents used in real transactions, and thus are both realistic and timely. The exercises are also scaffolded - that is, for each skill, they are presented in order of increasing length and complexity - to facilitate student learning. Throughout, the authors emphasize the importance of knowing the law applicable to the transaction and to each particular term, and how that knowledge should affect how a clause is drafted or a transaction is structured.
Call Number: KF250 .S47 2019ISBN: 9781642426083Publication Date: 2018-10-22
Civil Rights and Constitutional Law
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The Free Exercise of Religion in America
by
This book explains the original meaning of the two religion clauses of the First Amendment: "Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof." As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the "free exercise of religion," including whether it is different from the meaning of "no establishment of religion"; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.
Call Number: KF4783 .W368 2019ISBN: 9783030060510Publication Date: 2019-02-22 -
Liberalism's Religion
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Liberal societies conventionally treat religion as unique under the law, requiring both special protection (as in guarantees of free worship) and special containment (to keep religion and the state separate). But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?
Call Number: BL65.S8 L325 2017ISBN: 9780674976269Publication Date: 2017-09-25 -
Proportionality
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With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.
Call Number: K247 .P755 2017ISBN: 9781107165564Publication Date: 2017-09-21 -
Religious Freedom, LGBT Rights, and the Prospects for Common Ground
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The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.
Call Number: KF4783 .R429 2019ISBN: 9781108470155Publication Date: 2018-11-22 -
Revolutionary Constitutions
by
A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars--the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds--or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders' acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors' successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Call Number: K3165 .A25 2019ISBN: 9780674970687Publication Date: 2019-05-13 -
Transforming Religious Liberties
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Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book considers the interaction between law and religion from a broad international, comparative and jurisprudential perspective and proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to religious rights. Not only does the discussion draw on the work of a range of legal and political philosophers including John Rawls, Ronald Dworkin and John Finnis, it also tests the validity of the various proposals against actual 'hard cases' derived from multiple jurisdictions. In so doing, the analysis overcomes longstanding challenges to existing religious rights regimes and identifies a new theoretical paradigm that specifically addresses the challenges associated with religiously pluralist societies. Through this type of interdisciplinary analysis, the book identifies a religio-legal system that both religious and non-religious people can support.
Call Number: K3258 .S77 2018ISBN: 9781107179332Publication Date: 2017-10-26
Criminal Law and Procedure
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Bringing International Fugitives to Justice
by
A novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how states, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.
Call Number: KZ7398 .S23 2016ISBN: 9781107129283Publication Date: 2016 -
Rehabilitation and Incarceration
by
Judge Baer presided over the experimental re-entry court of the federal district court for the Southern District of New York. He brought to that court and brings to this book insight from his extraordinary experience in taking responsibility at every stage of the criminal law process, from federal prosecutor to defense attorney to judge presiding at trial and sentencing. Judge Baer recounts the moving lessons learned from his re-entry court experience. He argues that public safety and our sense of humanity require that we drastically improve prisoner sentencing and re-entry into society to reduce the high rate of recidivism.
Call Number: KF9685 .B34 2019ISBN: 9781641053471Publication Date: 2020-04-07
International and Foreign
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Bringing International Fugitives to Justice
by
A novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how states, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.
Call Number: KZ7398 .S23 2016ISBN: 9781107129283Publication Date: 2016
Legal History
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Revolutionary Constitutions
by
A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars--the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds--or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders' acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors' successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
Call Number: K3165 .A25 2019ISBN: 9780674970687Publication Date: 2019-05-13
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The Making of a Justice
by
A "timely and hugely important" account of his life on the Supreme Court (New York Times) When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In THE MAKING OF A JUSTICE, John Paul Stevens recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, as well as a behind-the-scenes look at some of the most important Supreme Court decisions over the last four decades, THE MAKING OF A JUSTICE offers a warm and fascinating account of Justice Stevens' unique and transformative American life.This comprehensive memoir is a must read for those trying to better understand our country.
Call Number: KF8745.S78 A35 2019ISBN: 9780316489645Publication Date: 2019-05-14
Practice of Law
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Guide for in-house counsel : practical resource to cutting-edge issues
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As the legal industry evolves and changes to accommodate technological advancements and challenges that regular face in-house counsel, it is imperative to stay abreast of current issues. To address these issues, [this book] provides practical advice on meeting the daily challenges including attorney-client privilege, internal investigations, cybersecurity issues, trademarks and more. Each chapter covers key topics and issues that arise within a particular area of the law, which are identified throughout the book as practice pointers.
Call Number: KF1425.A75 G85 2019ISBN: 1641053941Publication Date: 2019 -
Transactional Skills
by
This book is designed to help train law students in the skills needed for successful transactional lawyering. Through carefully designed text and exercises, the first part of the book helps students understand and strategically use the different types of contract terms, translate deal terms to precise contract language, use forms appropriately, and spot and resolve ambiguity. Students also practice deal design, due diligence, and negotiating contract language. The second part of the book consists of four simulated commercial transactions through which students further develop their transactional lawyering skills by structuring, negotiating, and documenting a deal on behalf of a one of the parties to the transaction. Most of the exercises are based on recent cases or the documents used in real transactions, and thus are both realistic and timely. The exercises are also scaffolded - that is, for each skill, they are presented in order of increasing length and complexity - to facilitate student learning. Throughout, the authors emphasize the importance of knowing the law applicable to the transaction and to each particular term, and how that knowledge should affect how a clause is drafted or a transaction is structured.
Call Number: KF250 .S47 2019ISBN: 9781642426083Publication Date: 2018-10-22
Technology & the Law
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The Internet of Things
by
The Internet of Things (IoT): Legal Issues, Policy, and Practical Strategies addresses the use of IoT technology in cars, health tech, and drones; IoT and technological developments such as 5G and blockchain; current state of laws and regulations relating to the IoT both in the U.S. and globally; risks, including security and privacy issues; how state attorneys general protect consumers in the IoT era; the impact of the IoT on intellectual property and insurance; guidelines for employers, including corporate counsel, regarding the IoT in the workplace; and the future of the IoT.
Call Number: K1005 .I697 2019ISBN: 9781641053631Publication Date: 2020-04-07 -
The Twenty-Six Words That Created the Internet
by
"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law--a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives -for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com
Call Number: KF390.5.C6 K67 2019ISBN: 9781501714412Publication Date: 2019-04-15
Other Subject Areas
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Agriculture and food handbook.
by
Competition in the complex, diverse industries that make up the agriculture and food arena raises many novel and significant antitrust issues that can have worldwide effects. The Agriculture and Food Handbook provides a comprehensive review of the regulatory, antitrust, and consumer protection issues that arise in these industries.
Call Number: KF1682 .A785 2019ISBN: 1641054549Publication Date: 2019
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Guilty Pleasures
by
Few people associate law books with humor. Yet the legal world - in particular the American legal system - is itself frequently funny. Indeed, jokes about the profession are staples of American comedy. And there is actually humor within the world of law too: both lawyers and judgesoccasionally strive to be funny to deal with the drudgery of their duties. Just as importantly, though, our legal system is a strong regulator of humor. It encourages some types of humor while muzzling or punishing others. In a sense, law and humor engage a two-way feedback loop: humor provides theraw material for legal regulation and legal regulation inspires humor.In Guilty Pleasures, legal scholar Laura Little provides a multi-faceted account of American law and humor, looking at constraints on humor (and humor's effect on law), humor about law, and humor in law. In addition to interspersing amusing episodes from the legal world throughout the book, the bookcontains 75 New Yorker cartoons about lawyers and a preface by Bob Mankoff, the cartoon editor for the New Yorker.
Call Number: K184 .L58 2019ISBN: 9780190625764Publication Date: 2018-12-31
