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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Animal Advocacy and Environmentalism
by
Many people consider themselves to be both environmentalists and supporters of animal welfare and rights. Yet, despite the many issues which bring environmentalists and animal advocates together, for decades there have been flashpoints which seem to pit these two social movements against each other, dividing them in ways unhelpful to both.In this innovative book, Amy J. Fitzgerald analyses historic, philosophical, and socio-cultural reasons for this divide. Tackling three core contentious issues – sport hunting, zoos, and fur – over which there has been profound disagreement between segments of these movements, she demonstrates that, even here, they are not as far apart as is generally assumed, and that there is space where they could more productively work together.Charting a path forwards, she points to evolving practices and broad structural forces which are likely to draw the movements closer together in the future. The threats posed by industrial animal agriculture to the environment and to non-human and human animals demand, once and for all, that we bridge the divide between animal advocacy and environmentalism.
Call Number: HV4708 .F5825 2019ISBN: 9780745679334Publication Date: 2019-01-22 -
Animal Biography
by
While historiography is dominated by attempts that try to standardize and de-individualize the behavior of animals, history proves to be littered with records of the exceptional lives of unusual animals. This book introduces animal biography as an approach to the re-framing of animals as both objects of knowledge as well as subjects of individual lives. Taking an interdisciplinary perspective and bringing together scholars from, among others, literary, historical and cultural studies, the texts collected in this volume seek to refine animal biography as a research method and framework to studying, capturing, representing and acknowledging animal others as individuals. From Heini Hediger’s biting monitor, Hachikō and Murr to celluloid ape Caesar and the mourning of Topsy’s gruesome death, the authors discuss how animal biographies are discovered and explored through connections with humans that can be traced in archives, ethological fieldwork and novels, and probe the means of constructing animal biographies from taxidermy to film, literature and social media. Thus, they invite deeper conversations with socio-political and cultural contexts that allow animal biographies to provide narratives that reach beyond individual life stories, while experimenting with particular forms of animal biographies that might trigger animal activism and concerns for animal well-being, spur historical interest and enrich the literary imagination.
Call Number: PN56.A64 A52 2018ISBN: 9783319982878Publication Date: 2018-11-08 -
Capitalist Pigs
by
Pigs are everywhere in United States history. They cleared frontiers and built cities (notably Cincinnati, once known as Porkopolis), served as an early form of welfare, and were at the center of two nineteenth-century "pig wars." American pork fed the hemisphere; lard literally greased the wheels of capitalism. J.L. Anderson has written an ambitious history of pigs and pig products from the Columbian exchange to the present, emphasizing critical stories of production, consumption, and waste in American history. He examines different cultural assumptions about pigs to provide a window into the nation's regional, racial, and class fault lines, and maps where pigs are (and are not) to reveal a deep history of the American landscape. A contribution to American history, food studies, agricultural history, and animal studies, Capitalist Pigs is an accessible, deeply researched, and often surprising portrait of one of the planet's most consequential interspecies relationships.
Call Number: SF395.8.A1 A53 2019ISBN: 9781946684721Publication Date: 2019-02-22 -
Red Meat Republic
by
By the late nineteenth century, Americans rich and poor had come to expect high-quality fresh beef with almost every meal. Beef production in the United States had gone from small-scale, localized operations to a highly centralized industry spanning the country, with cattle bred on ranches in the rural West, slaughtered in Chicago, and consumed in the nation's rapidly growing cities. Red Meat Republic tells the remarkable story of the violent conflict over who would reap the benefits of this new industry and who would bear its heavy costs. Joshua Specht puts people at the heart of his story--the big cattle ranchers who helped to drive the nation's westward expansion, the meatpackers who created a radically new kind of industrialized slaughterhouse, and the stockyard workers who were subjected to the shocking and unsanitary conditions described by Upton Sinclair in his novel The Jungle. Specht brings to life a turbulent era marked by Indian wars, Chicago labor unrest, and food riots in the streets of New York. He shows how the enduring success of the cattle-beef complex--centralized, low cost, and meatpacker dominated - was a consequence of the meatpackers' ability to make their interests overlap with those of a hungry public, while the interests of struggling ranchers, desperate workers, and bankrupt butchers took a backseat. America - and the American table - would never be the same again. A compelling and unfailingly enjoyable read, Red Meat Republic reveals the complex history of exploitation and innovation behind the food we consume today.
Call Number: TX556.B4 S74 2019ISBN: 9780691182315Publication Date: 2019-05-07
Business, Investment, and Tax Law
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The Legal Concept of Money
by
This new book analyses the challenge of how money (including coins, notes, credit, and virtual currency) should be defined from both a legal and an economic perspective.As new electronic payment mechanisms proliferate, this question of definition is likely to become an important issue in global legal, commercial, economic, macro-prudential and fiscal policymaking. The book re-examines money in this context by identifying the role it plays in various transactionsand to what extent, for example, cryptocurrencies and quasi-money are interchangeable with, analogous to, or different from traditional monetary systems.Beginning with a summary of the legal nature of money, the book explains the distinction between money and payment obligations, as well as providing an overview of the fundamental characteristics of money. It analyses how the law identifies money by pinpointing characteristics of particulartransactions such as sale of goods transactions, including the position where the exchange of goods is for e-currency.Other situations or transactions examined include the recovery of stolen money, claims for non-delivery of money, and how obligations to pay operate. The book also considers the role of money in the banking system, exploring how various currencies can be used as claims on financial institutions,examining whether the systemic stability of the industry is threatened by non-traditional currency forms. Finally, the book addresses, and seeks to develop a conceptual framework for how alternative currencies might work in place of money as a medium for saving.
Call Number: K4431 .G54 2018ISBN: 9780198826392Publication Date: 2019-02-20
Civil Rights and Constitutional Law
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Beyond Roe
by
Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
Call Number: HQ767.15 .B658 2019ISBN: 9780190904845Publication Date: 2019-03-01 -
The Conscience Wars
by
In this work, Professors Mancini and Rosenfeld have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.
Call Number: K3258 .C66 2018ISBN: 9781107173309Publication Date: 2018-07-05 -
The Cult of the Constitution
by
In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Call Number: KF4749 .F685 2019ISBN: 9781503603226Publication Date: 2019-05-14 -
Proportionality Balancing and Constitutional Governance
by
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
Call Number: JC571 .S8256 2019ISBN: 9780198841395Publication Date: 2019-07-15 -
Sexual Harassment and Retaliation
by
Harassment claims based on sex, not just sexual conduct or language, continue to increase and at the same time are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book is a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers.
Call Number: KF3467 .S496 2019ISBN: 9781641053013Publication Date: 2019-06-01 -
Surveillance and the law : language, power, and privacy
by
Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. [This book] analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy.
Call Number: K5480 .M87 2019ISBN: 9781138599901Publication Date: 2019
Criminal Law and Procedure
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Criminal Trials and Mental Disorders
by
The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations.
Call Number: KF9242 .H34 2019ISBN: 9781479804856Publication Date: 2019-02-05 -
Law Cultural Diversity and Criminal Defense¿
by
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Call Number: KF9244.7 .C37 2019ISBN: 9781138581173Publication Date: 2018-07-31 -
The Legacy of Ad Hoc Tribunals in International Criminal Law
by
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
Call Number: KZ7230 .L437 2019ISBN: 9781108417389Publication Date: 2019-02-21 -
Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court
by
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its case law on these crimes might develop in the future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity, and genocide in the ICC up until mid-2018. This book is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. The book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
Call Number: KZ7288 .G74 2019ISBN: 9781108470438Publication Date: 2019-04-11
Domestic Security Law
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Congress and the War on Terror
by
As the U.S. government continues the battle against terrorism, Congress―representatives of the people―must develop long-term policies that provide for national security and protect the civil liberties of the American people. [This book]: chronicles congressional policymaking in the war on terror, notes its successes and failures, and provides recommendations to improve the congressional role in the US's fight against terror; includes up-to-date examples of post-9/11 issues such as military tribunals and electronic surveillance; focuses on how Congress handles conflict related to the important issue of war on terror policymaking; and explores whether Congress can serve as the voice of the American people in debating the balance between national security and civil liberties.
Call Number: KF7225 .W48 2018ISBN: 9781440857089Publication Date: 2018-08-17 -
Homeland Security Law
by
Since 2001 the U.S. government has been engaged in the delicate balancing act of seeking to protect the country against terrorism, both foreign-connected and wholly domestic, while taking into account a number of constitutional protections that can all too easily be trammelled in the effort to assure domestic security. At the same time the development of these policies has created significant constitutional tension among the three branches of the federal government, especially when the President vigorously asserts claims of sweeping power as commander-in-chief in such a way as to raise warnings about the emergence of an imperial presidency. Simultaneously, the rule of law has been placed under stress as the technological prowess of the government has grown.
This book addresses these topics in an accessible manner, covering the key developments of domestic security law related to terrorism. Tyll van Geel covers the essential elements of homeland security law including: branches of government and institutions involved in counterterrorism law; border control and immigration; surveillance; the searching of computers and cell phones; the prosecution of terrorists for any number of crimes, including cyberterrorism; military detention; the prosecution of unprivileged enemy belligerents in military commissions; and habeas corpus. The book is designed to offer a clear guide to current issues in domestic security in response to terrorism and will be a valuable guide for concerned citizens as well as undergraduate students studying domestic politics or national security.
Call Number: KF4850 .V36 2019ISBN: 9781138238046Publication Date: 2018-12-06 -
One Nation under Drones
by
One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as "drones." This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Although these systems seemed to emerge fully-developed into the skies above America's distant battlefields following the attacks of September 11, 2001, readers will discover that they actually trace their lineage to World War I, when the "automatic airplane/aerial torpedo," designed and built by the Sperry Gyroscope Company, made its first flight just over a century ago. Unmanned aircraft were used by various combatants in World War II and took many forms: from converted manned bombers to intercontinental attacks on the American homeland by rice-paper balloons. Technology developed in the latter decades of the 20th century enabled crews stationed thousands of miles away to attack targets on remote battlefields. Such long-range and remote-controlled weapons have been extensively used but are controversial from both legal and ethical standpoints. Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. Three dozen photographs display drones as small as an insect up to those as large as a 737 airliner. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come.
Call Number: KZ6687 .O54 2018ISBN: 9781682472385Publication Date: 2018-12-15 -
Surveillance and the law : language, power, and privacy
by
Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. [This book] analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy.
Call Number: K5480 .M87 2019ISBN: 9781138599901Publication Date: 2019
Employment and Labor Law
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Sexual Harassment and Retaliation
by
Harassment claims based on sex, not just sexual conduct or language, continue to increase and at the same time are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book is a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers.
Call Number: KF3467 .S496 2019ISBN: 9781641053013Publication Date: 2019-06-01
Environmental, Energy, and Natural Resources Law
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Animal Advocacy and Environmentalism
by
Many people consider themselves to be both environmentalists and supporters of animal welfare and rights. Yet, despite the many issues which bring environmentalists and animal advocates together, for decades there have been flashpoints which seem to pit these two social movements against each other, dividing them in ways unhelpful to both.In this innovative book, Amy J. Fitzgerald analyses historic, philosophical, and socio-cultural reasons for this divide. Tackling three core contentious issues – sport hunting, zoos, and fur – over which there has been profound disagreement between segments of these movements, she demonstrates that, even here, they are not as far apart as is generally assumed, and that there is space where they could more productively work together.Charting a path forwards, she points to evolving practices and broad structural forces which are likely to draw the movements closer together in the future. The threats posed by industrial animal agriculture to the environment and to non-human and human animals demand, once and for all, that we bridge the divide between animal advocacy and environmentalism.
Call Number: HV4708 .F5825 2019ISBN: 9780745679334Publication Date: 2019-01-22
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California water law : a legal research guide
by
Water law is of huge importance in California because of the lack of water in the majority of the state and the prospect of greater shortages in an era of warming climate. It is certain that conflicts and litigation over the rights to and usage of water are going to increase in the coming years. This guide introduces researchers to the basic concepts and resources (both print and online) needed to research water law issues in California; explains the identity, function and publications of the various government bodies involved with water law issues in California; and provides researchers starting points when conducting historical research on California water law.
Call Number: KFC162.A1 L54 2019ISBN: 9780837741123Publication Date: 2019 -
Energy Justice
by
Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems.
Call Number: K3981 .E55 2018ISBN: 9781786431752Publication Date: 2018-11-30 -
Environmental Rights
by
Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
Call Number: K3585 .E653 2019ISBN: 9781108482240Publication Date: 2019-05-23
Immigration Law
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Identities on Trial in the United States
by
ChorSwang Ngin radically shifts the asylum seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. 'Identities on Trial in the United States: Asylum Seekers from Asia' weaves together the cases of a tortured student from a Myanmar prison, an apostate from Islam, several victims of ethnic and sexual violence from Indonesia, and men and women escaping China's draconian one-child policy and prohibition of Falun Gong practice, among others. Joann Yeh, an immigration attorney who co-authored three chapters, examines the act of asylum seeking in a Mandarin-speaking, Californian community and discusses the failure of the United States' quasi-judicial immigration system, highlighting 'asylum lawfare' in courtroom dramas and arguing for an 'anthropological advantage' in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies who want a more just outcome for asylum seekers.
Call Number: KF4848.A83 N45 2018ISBN: 9781498574730Publication Date: 2018-08-15 -
Legal Passing
by
Legal Passing offers a nuanced understanding of how undocumented Mexicans constantly negotiate the vexed conditions of their US receiving locales as shaped by a spectrum of federal, state, and local immigration measures. Leveraging differences between cities and states that accommodate immigrants and those that aim to drive them away, García shows that undocumented Mexicans in restrictive locations are not more likely to leave, but, instead, learn to pass as 'legal' by carefully choosing how to dress, where to travel, when to speak, and even what to name their children. Legal Passing combines social theory on race and immigration with place and law, using interviews, surveys, and ethnography to show the everyday failures and long-term human consequences of anti-immigrant legislation.
Call Number: KF3743 .G37 2019ISBN: 9780520296749Publication Date: 2019-05-14
International and Foreign
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Energy Justice
by
Energy Justice: US and International Perspectives is a pioneering analysis of energy law and policy through the framework of energy justice. While climate change has triggered unprecedented investment in renewable energy, the concept of energy justice and its practical application to energy law and policy remain under-theorized. This volume breaks new ground by examining a range of energy justice regulatory challenges from the perspective of international law, US law, and foreign domestic law. The book illuminates the theory of energy justice while emphasizing practical solutions that hasten the transition from fossil fuels and address the inequities that plague energy systems.
Call Number: K3981 .E55 2018ISBN: 9781786431752Publication Date: 2018-11-30
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The Legacy of Ad Hoc Tribunals in International Criminal Law
by
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
Call Number: KZ7230 .L437 2019ISBN: 9781108417389Publication Date: 2019-02-21
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Narratives of Hunger in International Law
by
This book explores the role that the language of international law plays in constructing understandings - or narratives - of hunger in the context of climate change. The story is told through a specific case study of genetically engineered seeds purportedly made to be 'climate-ready'. Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private sector engagement as the best solutions. This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions.
Contents
Call Number: K3260 .S23 2019ISBN: 9781108473378Publication Date: 2019-04-04 -
Proportionality Balancing and Constitutional Governance
by
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
Call Number: JC571 .S8256 2019ISBN: 9780198841395Publication Date: 2019-07-15
-
Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court
by
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its case law on these crimes might develop in the future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity, and genocide in the ICC up until mid-2018. This book is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. The book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
Call Number: KZ7288 .G74 2019ISBN: 9781108470438Publication Date: 2019-04-11
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State Responsibility for Breaches of Investment Contracts
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There is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.
Call Number: K3830 .H6 2018ISBN: 9781108415842Publication Date: 2018-10-25 -
The Universal Declaration of Human Rights and the Holocaust
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Johannes Morsink argues that the 1948 UN Universal Declaration of Human Rights and the human rights movement today are direct descendants of revulsion to the Holocaust and the desire to never let it happen again. Much recent scholarship about human rights has severed this link between the Holocaust, the Universal Declaration, and contemporary human rights activism in favor of seeing the 1970s as the era of genesis. Morsink forcefully presents his case that the Universal Declaration was indeed a meaningful though underappreciated document for the human rights movement and that the declaration and its significance cannot be divorced from the Holocaust. He reexamines this linkage through the working papers of the commission that drafted the declaration as well as other primary sources. This work seeks to reset scholarly understandings of the Universal Declaration of Human Rights and the foundations of the contemporary human rights movement.
Call Number: K3238.31948 .M668 2019ISBN: 9781626166295Publication Date: 2019-02-08
Legal History
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The Creation of American Law
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With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.
Call Number: KF8742 .P36 2019ISBN: 9781476669083Publication Date: 2018-11-06 -
The Partisan Republic
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The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.
Call Number: KF4541 .L396 2019ISBN: 9781107663893Publication Date: 2019-01-31 -
The Universal Declaration of Human Rights and the Holocaust
by
Johannes Morsink argues that the 1948 UN Universal Declaration of Human Rights and the human rights movement today are direct descendants of revulsion to the Holocaust and the desire to never let it happen again. Much recent scholarship about human rights has severed this link between the Holocaust, the Universal Declaration, and contemporary human rights activism in favor of seeing the 1970s as the era of genesis. Morsink forcefully presents his case that the Universal Declaration was indeed a meaningful though underappreciated document for the human rights movement and that the declaration and its significance cannot be divorced from the Holocaust. He reexamines this linkage through the working papers of the commission that drafted the declaration as well as other primary sources. This work seeks to reset scholarly understandings of the Universal Declaration of Human Rights and the foundations of the contemporary human rights movement.
Call Number: K3238.31948 .M668 2019ISBN: 9781626166295Publication Date: 2019-02-08
Practice of Law
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Annotated Model Rules of Professional Conduct
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Each chapter begins with the rule and its comment, a link to charts comparing each state’s rule with the Model Rule, and then presents a detailed discussion of how the rule has been applied. The book gives citations to thousands of court cases, ethics opinions, law review articles, and internet resources, as well as treatises, the Restatement (3rd) of the Law Governing Lawyers, and the legislative history of the Model Rules.
Call Number: KF305 .A2 2019ISBN: 9781641054034Publication Date: 2019-05-01
Other Subject Areas
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The Fault Lines of Farm Policy
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At the intersection of the growing national conversation about our food system and the long-running debate about our government's role in society is the complex farm bill. American farm policy, built on a political coalition of related interests with competing and conflicting demands, has proven incredibly resilient despite development and growth. In The Fault Lines of Farm Policy Jonathan Coppess analyzes the legislative and political history of the farm bill, including the evolution of congressional politics for farm policy. Disputes among the South, the Great Plains, and the Midwest form the primordial fault line that has defined the debate throughout farm policy's history. Because these regions formed the original farm coalition and have played the predominant roles throughout, this study concentrates on the three major commodities produced in these regions: cotton, wheat, and corn. Coppess examines policy development by the political and congressional interests representing these commodities, including basic drivers such as coalition building, external and internal pressures on the coalition and its fault lines, and the impact of commodity prices. This exploration of the political fault lines provides perspectives for future policy discussions and more effective policy outcomes.
Call Number: KF1681.A3282014 C67 2018ISBN: 9781496205124Publication Date: 2018-12-01 -
Unequal Profession
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This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.
Call Number: KF272 .D47 2019ISBN: 9781503604308Publication Date: 2019-02-05
