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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Companion Animals and Domestic Violence
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In this book, Nik Taylor and Heather Fraser consider how we might better understand human-animal companionship in the context of domestic violence. The authors advocate an intersectional feminist understanding, drawing on a variety of data from numerous projects they have conducted with people, about their companion animals and links between domestic violence and animal abuse, arguing for a new understanding that enables animals to be constituted as victims of domestic violence in their own right. The chapters analyse the mutual, loving connections that can be formed across species, and in households where there is domestic violence. Companion Animals and Domestic Violence also speaks to the potentially soothing, healing and recovery oriented aspects of human-companion animal relationships before, during and after the violence, and will be of interest to various academic disciplines including social work, anthropology, sociology, philosophy, geography, as well as to professionals working in domestic violence or animal welfare service provision.
Call Number: QL85 .T32 2019ISBN: 9783030041243Publication Date: 2019-02-22 -
Protecting Animals Within and Across Borders
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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.
Call Number: K3620 .B53 2019ISBN: 9780190948313Publication Date: 2019-06-21 -
Regulating Sport for the Non-Human Athlete
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This book evaluates the status quo of integrity management within sports that involve horses worldwide. Sports governing bodies and international sports federations are very powerful organisations within their sphere and the governance of these sports has created a hegemony which does not necessarily serve the interests of those engaged in sport, rather those who 'rule' sport. This book investigates the question of whether cheating is discouraged and fair play rewarded, both to an adequate degree.
Call Number: KF3990 .M47 2019ISBN: 9781498556262Publication Date: 2018-11-01
Civil Rights and Constitutional Law
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Expanding Public Employee Religious Accommodation and Its Threat to Administrative Legitimacy
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In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to "affirm" religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy--often already perilously maligned. Should government officials be legally obligated to grant their employees religious accommodations that they know will result in negative public perceptions, or worse, inflict dignitary harm among citizens seeking its services? This book draws attention to the threat to effective government that proposed expansions to religious accommodation laws can create. From damaging public opinion, to the myriad implementation concerns such as what even constitutes a religious belief to be accommodated, these challenges should serve as a warning to legislators and religious accommodation advocates to reconsider application of these enhanced obligations to the civil service.
Call Number: KF3466.5 .S99 2019ISBN: 9783319978307Publication Date: 2018-10-02 -
Our Non-Christian Nation
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Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.
Call Number: KF4755 .W49 2019ISBN: 9780804798990Publication Date: 2019-06-11 -
Religious Beliefs and Conscientious Exemptions in a Liberal State
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The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.
Call Number: K3258.A6 R453 2019ISBN: 9781509920938Publication Date: 2019-06-13 -
Repugnant Laws
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When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or "legislating from the bench." But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices' own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington's work reminds us that, for better or for worse, the court reflects the politics of its time.
Call Number: KF4575 .W474 2019ISBN: 9780700627790Publication Date: 2019-05-15 -
Special Education Law Case Studies
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Tremendous changes have occurred over the past decade in the provision of services to students with disabilities. Federal mandates continue to define requirements for a free appropriate public education (FAPE) in the least restrictive environment. Additionally, there has been an increase in the number of lawsuits filed against school districts regarding the provision of educational services for students with disabilities. Case studies are a helpful way to understand these difficult issues. The case studies presented here are actual students eligible for special education and related services. The case studies are represented not to tell districts and parents that this is the only way questions about special education law can be answered, but to provide likely answers along with commentary for analysis. The cases were developed to help new (and experienced) special education leaders and supervisors survive the pressures of working with students with disabilities while working to provide appropriate services and prevent litigation.
Call Number: KF4209.3 .B374 2019ISBN: 9781475837674Publication Date: 2019-01-12 -
The Supreme Court
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This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Using theoretical models of adjudication, Tom S. Clark presents a statistical model of law and uses the model to document the historical development of constitutional law. Using sophisticated statistical methods and historical analysis of court decisions, the author documents how social and political forces shape the path of law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.
Call Number: KF8742 .C53 2019ISBN: 9781108422765Publication Date: 2019-03-14
Criminal Law and Procedure
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Confronting Underground Justice
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Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy, plea negotiation perpetuates a harm based, retribution focused system of crime and punishment. Because of the failures of public health, the justice system has become a dumping ground for hundreds of thousands of mentally ill, substance addicted and abusing, and neurocognitively impaired offenders. And because of a tough on crime mentality and lack of information and options, the justice system routinely prosecutes and punishes these offenders. The evidence is quite clear that punishment does nothing to improve these circumstances and often exacerbates them. The result, as one would predict, is extraordinarily high rates of reoffending, propelling the revolving door of the justice system. Confronting Underground Justice takes a close look at plea negotiation, criminal prosecution, public defense, and pretrial justice systems and identifies a wide variety of problems and concerns with each. William R. Kelly and Robert Pitman provide key decision makers with the tools to make better, more informed decisions regarding pre-trial detention, prosecution and plea deals, criminal defense, and diversion to treatment. Critical to this effort is redefining roles, responsibilities and the culture of criminal justice by prosecutors, judges and defense counsel accepting responsibility for reducing recidivism and embracing problem solving as a primary decision making strategy. Kelly and Pitman combine decades of academic research and policy expertise, with real world experience in the court system, as a judge and prosecutor to develop innovative and comprehensive reform. Confronting Underground Justice provides a prescriptive roadmap for how to fundamentally reinvent plea negotiation, pre-trial decision making, criminal prosecution and public defense to effectively reduce recidivism and save money.
Call Number: KF9654 .K45 2018ISBN: 9781538106488Publication Date: 2018-10-29 -
The Crime of Aggression
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A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.
Call Number: KZ7140 .W45 2019ISBN: 9780691169873Publication Date: 2019-06-11 -
Felony and the Guilty Mind in Medieval England
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This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.
Call Number: HV6080 .K363 2019ISBN: 9781108498791Publication Date: 2019-07-04
Disabilities Law
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A Lawyer's Guide to Working with Special Needs Clients
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The population of persons with disabilities in the United States is large - and growing. No doubt most people know someone who has a disability, and likely knows several people who have disabilities. Persons with disabilities and their family members and caregivers face numerous challenges every day. Further, they often need assistance navigating bureaucracies and developing plans for long-term care and financial security. With so many people clamoring for their attention, the client often finds it challenging or even impossible to determine who might best help them with their specific problems. A Lawyer's Guide to Working with Special Needs Clients is written by Rick Courtney, an attorney who concentrates his practice on special needs clients and their unique legal issues. The father of a child with special needs, Courtney brings both specific legal information and an informed perspective to a book that is focused on equipping attorneys with the information to assist those clients understand their options and devise solutions. Understanding the special needs client and their families is the first step in this rewarding area of practice. The book provides an overview of the types of disabilities that may be involved and offers guidance for working with both clients and families. Courtney also provides essential questions to ask clients when beginning representation, why the answers are needed, and how they will help the attorney tailor an effective legal solution. Other chapters address critical issues in representing these clients, including: - Special needs practice issues, including financial issues and managing ethical and practice risks- Public benefits that may be available, including Social Security and Supplemental Security Income, Medicare, Medicaid, housing, food stamps, and temporary assistance to needy families- Special needs education issues- Special needs trusts- How to build a special needs legal practiceThe book concludes with an array of useful forms for a special needs law practice and a bibliography of additional resources for attorneys.
Call Number: KF311 .C68 2019ISBN: 9781641054683Publication Date: 2020-06-07 -
Special Education Law Case Studies
by
Tremendous changes have occurred over the past decade in the provision of services to students with disabilities. Federal mandates continue to define requirements for a free appropriate public education (FAPE) in the least restrictive environment. Additionally, there has been an increase in the number of lawsuits filed against school districts regarding the provision of educational services for students with disabilities. Case studies are a helpful way to understand these difficult issues. The case studies presented here are actual students eligible for special education and related services. The case studies are represented not to tell districts and parents that this is the only way questions about special education law can be answered, but to provide likely answers along with commentary for analysis. The cases were developed to help new (and experienced) special education leaders and supervisors survive the pressures of working with students with disabilities while working to provide appropriate services and prevent litigation.
Call Number: KF4209.3 .B374 2019ISBN: 9781475837674Publication Date: 2019-01-12
Employment and Labor Law
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Expanding Public Employee Religious Accommodation and Its Threat to Administrative Legitimacy
by
In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to "affirm" religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy--often already perilously maligned. Should government officials be legally obligated to grant their employees religious accommodations that they know will result in negative public perceptions, or worse, inflict dignitary harm among citizens seeking its services? This book draws attention to the threat to effective government that proposed expansions to religious accommodation laws can create. From damaging public opinion, to the myriad implementation concerns such as what even constitutes a religious belief to be accommodated, these challenges should serve as a warning to legislators and religious accommodation advocates to reconsider application of these enhanced obligations to the civil service.
Call Number: KF3466.5 .S99 2019ISBN: 9783319978307Publication Date: 2018-10-02
Environmental, Energy, and Natural Resources Law
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As Long As Grass Grows
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Through the unique lens of "Indigenized environmental justice," Indigenous researcher and activist Dina Gilio-Whitaker explores the fraught history of treaty violations, struggles for food and water security, and protection of sacred sites, while highlighting the important leadership of Indigenous women in this centuries-long struggle. As Long As Grass Grows gives readers an accessible history of Indigenous resistance to government and corporate incursions on their lands and offers new approaches to environmental justice activism and policy. Throughout 2016, the Standing Rock protest put a national spotlight on Indigenous activists, but it also underscored how little Americans know about the longtime historical tensions between Native peoples and the mainstream environmental movement. Ultimately, she argues, modern environmentalists must look to the history of Indigenous resistance for wisdom and inspiration in our common fight for a just and sustainable future.
Call Number: E98.S67 G55 2019ISBN: 9780807073780Publication Date: 2019-04-02 -
Courts and the Environment
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This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law.Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.
Call Number: K3585 .C68 2018ISBN: 9781788114660Publication Date: 2018-12-28 -
The Dreamt Land
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"[An] exhaustive, deeply reported account . . . Few other journalists could have written a book as personal and authoritative . . . As Arax makes plain in this important book, it's been the same story in California for almost two centuries now: When it comes to water, 'the resource is finite. The greed isn't.'" --Gary Krist, The New York Times Book Review A vivid, searching journey into California's capture of water and soil--the epic story of a people's defiance of nature and the wonders, and ruin, it has wrought Mark Arax is from a family of Central Valley farmers, a writer with deep ties to the land who has watched the battles over water intensify even as California lurches from drought to flood and back again. In The Dreamt Land, he travels the state to explore the one-of-a-kind distribution system, built in the 1940s, '50s and '60s, that is straining to keep up with California's relentless growth. This is a heartfelt, beautifully written book about the land and the people who have worked it--from gold miners to wheat ranchers to small fruit farmers and today's Big Ag. Since the beginning, Californians have redirected rivers, drilled ever-deeper wells and built higher dams, pushing the water supply past its limit. The Dreamt Land weaves reportage, history and memoir to confront the "Golden State" myth in riveting fashion. No other chronicler of the West has so deeply delved into the empires of agriculture that drink so much of the water. The nation's biggest farmers--the nut king, grape king and citrus queen--tell their story here for the first time. This is a tale of politics and hubris in the arid West, of imported workers left behind in the sun and the fatigued earth that is made to give more even while it keeps sinking. But when drought turns to flood once again, all is forgotten as the farmers plant more nuts and the developers build more houses. Arax, the native son, is persistent and tough as he treks from desert to delta, mountain to valley. What he finds is hard earned, awe-inspiring, tragic and revelatory. In the end, his compassion for the land becomes an elegy to the dream that created California and now threatens to undo it.
Call Number: HD1694.C2 A24 2019ISBN: 9781101875209Publication Date: 2019-05-21 -
Flint Fights Back - Environmental Justice and Democracy in the Flint Water Crisis
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An account of the Flint water crisis shows that Flint's struggle for safe and affordable water is part of a broader struggle for democracy. When Flint, Michigan, changed its source of municipal water from Lake Huron to the Flint River, Flint residents were repeatedly assured that the water was of the highest quality. At the switchover ceremony, the mayor and other officials performed a celebratory toast, declaring "Here's to Flint " and downing glasses of freshly treated water. But as we now know, the water coming out of residents' taps harbored a variety of contaminants, including high levels of lead. In Flint Fights Back, Benjamin Pauli examines the water crisis and the political activism that it inspired, arguing that Flint's struggle for safe and affordable water was part of a broader struggle for democracy. Pauli connects Flint's water activism with the ongoing movement protesting the state of Michigan's policy of replacing elected officials in financially troubled cities like Flint and Detroit with appointed "emergency managers." Pauli distinguishes the political narrative of the water crisis from the historical and technical narratives, showing that Flint activists' emphasis on democracy helped them to overcome some of the limitations of standard environmental justice frameworks. He discusses the pro-democracy (anti-emergency manager) movement and traces the rise of the "water warriors"; describes the uncompromising activist culture that developed out of the experience of being dismissed and disparaged by officials; and examines the interplay of activism and scientific expertise. Finally, he explores efforts by activists to expand the struggle for water justice and to organize newly mobilized residents into a movement for a radically democratic Flint.
Call Number: GE235.M53 P38 2019ISBN: 9780262536868Publication Date: 2019-05-01 -
Fundamentals of Site Remediation
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This new edition discusses chemical and engineering principles as they apply to the cleanup and removal of hazardous chemicals from soil and groundwater. There is emphasis on environmental chemistry, soil science, microbiology, and plant science. The first part of the book provides an overview of the recent history of environmental contamination and the formulation of relevant regulations for hazardous waste site remediation. This part also provides a background for several salient aspects of site remediation (e.g., soil science, the site assessment process). The second part of the book examines field remediation technologies, including phytoremediation, bioremediation, and several chemical and physical technologies. Theory of operation, practical considerations, and possible environmental impacts and other consequences of their use are discussed. -Covers both metal- and hydrocarbon-based contamination and remediation -Many competitors only address one industry, or source, of contamination--this title provides an overview of all of the sources. -Presents both the assessment of contaminated sites and the technologies currently available for environmental cleanup -Effective for use in field situations and for academic (i.e., university course) use. -Two new chapters: (i) the use of nanomaterials for remediation of contaminated soil and water; and (ii) revegetation of severely disturbed sites.
Call Number: TD1052 .P53 2019ISBN: 9781641433136Publication Date: 2019-07-31 -
Natural resource damages : a guide to litigating and resolving NRD cases
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Exploring the jurisprudence, litigation strategy, and paths toward cost effective resolution of natural resource damage cases, this book is built on the authors' combined 30 years of experience handling some of the country's largest and most complex NRD cases. It also provides an annotated compilation of caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials, as well as a quantitative analysis of all key NRD settlements to allow companies and trustees to properly assess their own cases in the context of prior results. See the Table of Contents under the "Read More" section.
Call Number: KF1298 .I87 2019ISBN: 9781641054386Publication Date: 2019 -
The Rights of Indigenous Peoples in Marine Areas
by
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Call Number: K3260 .R55 2019ISBN: 9781509928644Publication Date: 2019-09-19 -
Unstable ground : climate change, conflict, and genocide
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Unstable Ground looks at the human impact of climate change and its potential to provoke some of the most troubling crimes against humanity--ethnic conflict, war, and genocide. Alex Alvarez provides an essential overview of what science has shown to be true about climate change and examines how our warming world will challenge and stress societies and heighten the risk of mass violence. Drawing on a number of recent and historic examples, including Darfur, Syria, and the current migration crisis, this book illustrates the thorny intersections of climate change and violence. The author doesn't claim causation but makes a compelling case that changing environmental circumstances can be a critical factor in facilitating violent conflict. As research suggests climate change will continue and accelerate, understanding how it might contribute to violence is essential in understanding how to prevent it.
Call Number: GF71 .A48 2017ISBN: 9781442265684Publication Date: 2017-07-25
Immigration Law
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Deported Americans
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When Gina was deported to Tijuana, Mexico, in 2011, she left behind her parents, siblings, and children, all of whom are U.S. citizens. Despite having once had a green card, Gina was removed from the only country she had ever known. In Deported Americans legal scholar and former public defender Beth C. Caldwell tells Gina's story alongside those of dozens of other Dreamers, who are among the hundreds of thousands who have been deported to Mexico in recent years. Many of them had lawful status, held green cards, or served in the U.S. military. Now, they have been banished, many with no hope of lawfully returning. Having interviewed over one hundred deportees and their families, Caldwell traces deportation's long-term consequences--such as depression, drug use, and homelessness--on both sides of the border. Showing how U.S. deportation law systematically fails to protect the rights of immigrants and their families, Caldwell challenges traditional notions of what it means to be an American and recommends legislative and judicial reforms to mitigate the injustices suffered by the millions of U.S. citizens affected by deportation.
Call Number: KF4848.M48 C35 2019ISBN: 9781478003601Publication Date: 2019-04-19
Indigenous Law
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The Rights of Indigenous Peoples in Marine Areas
by
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Call Number: K3260 .R55 2019ISBN: 9781509928644Publication Date: 2019-09-19
Intellectual Property Law
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Creativity and Copyright
by
Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.
Call Number: KF2994 .G45 2019ISBN: 9780520303522Publication Date: 2019-07-16 -
The Essential Guide to Intellectual Property
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A broad introduction to the changing roles of intellectual property within society Intellectual property is one of the most confusing--and widely used--dimensions of the law. By granting exclusive rights to publish, manufacture, copy, or distribute information and technology, IP laws shape our cultures, our industries, and our politics in countless ways, with consequences for everyone, including artists, inventors, entrepreneurs, and citizens at large. In this engaging, accessible study, Aram Sinnreich uncovers what's behind current debates and what the future holds for copyrights, patents, and trademarks.
Call Number: K1401 .S56 2019ISBN: 9780300214420Publication Date: 2019-05-28 -
Intellectual Property Rights in China
by
Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms. Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.
Call Number: KNQ1155 .Z4315 2019ISBN: 9780812251067Publication Date: 2019-02-22
International and Foreign
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Courts and the Environment
by
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law.Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.
Call Number: K3585 .C68 2018ISBN: 9781788114660Publication Date: 2018-12-28
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The Crime of Aggression
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A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.
Call Number: KZ7140 .W45 2019ISBN: 9780691169873Publication Date: 2019-06-11
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Intellectual Property Rights in China
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Over the past three decades, China has transformed itself from a stagnant, inward, centrally planned economy into an animated, outward-looking, decentralized market economy. Its rapid growth and trade surpluses have caused uneasiness in Western governments, which perceive this growth to be a result of China's rejection of international protocols that protect intellectual property and its widespread theft and replication of Western technology and products. China's major trading partners, particularly the United States, persistently criticize China for delivering, at best, half-hearted enforcement of intellectual property rights (IPR) norms. Despite these criticisms, Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, Zhang addresses the variation in the effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms. Covering the areas of patent, copyright, and trademark, Zhang chronicles how Chinese IPR policy has evolved within the legacy of a planned economy and an immature market mechanism. In this environment, compliance with IPR norms is the result of balancing two factors: the need for short-term economic gains that depend on violating others' IPR and the aspirations for long-term sustained growth that requires respecting others' IPR. In case studies grounded in theoretical analysis as well as interviews and fieldwork, Zhang demonstrates how advocates for IPR, typically cutting-edge Chinese companies and foreign IPR holders, can be strong enough to persuade government officials to comply with IPR norms to achieve the country's long-term economic development goals. Conversely, he reveals the ways in which local governments protect IPR infringers because of their own political interests in raising tax revenues and creating jobs.
Call Number: KNQ1155 .Z4315 2019ISBN: 9780812251067Publication Date: 2019-02-22
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Protecting Animals Within and Across Borders
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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. This book provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully-fledged catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed animals, and the comparative advantages of constitutional, criminal, and administrative animal law. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic and cultural minorities, the book offers critical interdisciplinary perspectives, informed by posthumanist and postcolonialist discourse. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help move us toward a just global interspecies community.
Call Number: K3620 .B53 2019ISBN: 9780190948313Publication Date: 2019-06-21
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Religious Beliefs and Conscientious Exemptions in a Liberal State
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The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.
Call Number: K3258.A6 R453 2019ISBN: 9781509920938Publication Date: 2019-06-13
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The Rights of Indigenous Peoples in Marine Areas
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The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Call Number: K3260 .R55 2019ISBN: 9781509928644Publication Date: 2019-09-19
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U.S. National Security Law An International Perspective
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The rise of international terrorism in today's globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.
Call Number: KF7209 .P64 2019ISBN: 9781538104026Publication Date: 2018-07-11 -
Unstable ground : climate change, conflict, and genocide
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Unstable Ground looks at the human impact of climate change and its potential to provoke some of the most troubling crimes against humanity--ethnic conflict, war, and genocide. Alex Alvarez provides an essential overview of what science has shown to be true about climate change and examines how our warming world will challenge and stress societies and heighten the risk of mass violence. Drawing on a number of recent and historic examples, including Darfur, Syria, and the current migration crisis, this book illustrates the thorny intersections of climate change and violence. The author doesn't claim causation but makes a compelling case that changing environmental circumstances can be a critical factor in facilitating violent conflict. As research suggests climate change will continue and accelerate, understanding how it might contribute to violence is essential in understanding how to prevent it.
Call Number: GF71 .A48 2017ISBN: 9781442265684Publication Date: 2017-07-25
Legal History
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Felony and the Guilty Mind in Medieval England
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This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.
Call Number: HV6080 .K363 2019ISBN: 9781108498791Publication Date: 2019-07-04
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Repugnant Laws
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When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or "legislating from the bench." But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices' own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington's work reminds us that, for better or for worse, the court reflects the politics of its time.
Call Number: KF4575 .W474 2019ISBN: 9780700627790Publication Date: 2019-05-15
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The Supreme Court
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This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Using theoretical models of adjudication, Tom S. Clark presents a statistical model of law and uses the model to document the historical development of constitutional law. Using sophisticated statistical methods and historical analysis of court decisions, the author documents how social and political forces shape the path of law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.
Call Number: KF8742 .C53 2019ISBN: 9781108422765Publication Date: 2019-03-14
Practice of Law
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The law of artificial intelligence and smart machines : understanding A.I. and the legal impact
by
How will the law change to accommodate the role of artificial intelligence in society and how much of that change has occurred already? When machines make their own decisions with financial impact, who receives credit or blame? This new guide provides an...examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.
Call Number: K564.C6 L39 2019ISBN: 9781641054133Publication Date: 2019 -
A Lawyer's Guide to Working with Special Needs Clients
by
The population of persons with disabilities in the United States is large - and growing. No doubt most people know someone who has a disability, and likely knows several people who have disabilities. Persons with disabilities and their family members and caregivers face numerous challenges every day. Further, they often need assistance navigating bureaucracies and developing plans for long-term care and financial security. With so many people clamoring for their attention, the client often finds it challenging or even impossible to determine who might best help them with their specific problems. A Lawyer's Guide to Working with Special Needs Clients is written by Rick Courtney, an attorney who concentrates his practice on special needs clients and their unique legal issues. The father of a child with special needs, Courtney brings both specific legal information and an informed perspective to a book that is focused on equipping attorneys with the information to assist those clients understand their options and devise solutions. Understanding the special needs client and their families is the first step in this rewarding area of practice. The book provides an overview of the types of disabilities that may be involved and offers guidance for working with both clients and families. Courtney also provides essential questions to ask clients when beginning representation, why the answers are needed, and how they will help the attorney tailor an effective legal solution. Other chapters address critical issues in representing these clients, including: - Special needs practice issues, including financial issues and managing ethical and practice risks- Public benefits that may be available, including Social Security and Supplemental Security Income, Medicare, Medicaid, housing, food stamps, and temporary assistance to needy families- Special needs education issues- Special needs trusts- How to build a special needs legal practiceThe book concludes with an array of useful forms for a special needs law practice and a bibliography of additional resources for attorneys.
Call Number: KF311 .C68 2019ISBN: 9781641054683Publication Date: 2020-06-07
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Natural resource damages : a guide to litigating and resolving NRD cases
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Exploring the jurisprudence, litigation strategy, and paths toward cost effective resolution of natural resource damage cases, this book is built on the authors' combined 30 years of experience handling some of the country's largest and most complex NRD cases. It also provides an annotated compilation of caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials, as well as a quantitative analysis of all key NRD settlements to allow companies and trustees to properly assess their own cases in the context of prior results. See the Table of Contents under the "Read More" section.
Call Number: KF1298 .I87 2019ISBN: 9781641054386Publication Date: 2019
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Negotiation Essentials for Lawyers
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This practical guide covers more than fifty key negotiation topics. It is the only book on negotiation that takes an array of crucial negotiation elements and makes them easy not only to read, but to use. All chapters share a standard format, so lawyers can find the essentials quickly. Subject matter experts from a variety of fields summarize the best and most recent research and theoretical advances in negotiation.
Call Number: KF9084 .N443 2019ISBN: 9781641054805Publication Date: 2019-01-01 -
The Paralegal's Guide to Professional Responsibility
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To help paralegals stay on top of ethics issues, the ABA Center for Professional Responsibility has updated The Paralegal's Guide to Professional Responsibility. The fifth edition reviews the ethics issues that are relevant to paralegals, legal assistants, secretaries, and other employees of law firms, corporations, and law-related organizations and offers guidance that can be adapted to practice in any jurisdiction. This edition encompasses all recent changes to the Model Rules, along with updated references to court decisions and other resources.
Call Number: KF306 .G37 2019ISBN: 9781641054409Publication Date: 2020-06-07 -
The Practice and Process of Law
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"Most everything we do as attorneys can be reduced to a checklist-a series of steps that if followed will allow you to achieve a given legal task-interview a client, prepare a pleading, or defend a deposition. To ensure we dot all our i's and cross all our t's, we as lawyers should take the time to list all the tasks we do and reduce each of those tasks to a series of steps that if followed will accomplish those tasks effectively and efficiently. Here you will find all my checklists, every last one, that I rely upon when representing my clients. I hope you find them helpful and that you take the time to modify them (and add to them) as you find necessary for your unique practice"--
Call Number: KF300 .R36 2019ISBN: 9781641054973Publication Date: 2019-09-01 -
Trial by Woman
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Trial by Woman is a relevant and honest look at what it takes to not only succeed as a woman practicing trial law in today’s fast-paced world, but to thrive in an ever-changing environment of gender dynamics and foster an inclusive and diverse strategy for equity and equality in the field of law. Writing from their experience as highly successful women who practice in an intense and unrelenting profession, Courtney Rowley and Theresa Bowen Hatch offer tools, strategies, and advice that is not just anecdotal, but time-tested and earned from years of experience building successful careers.
Call Number: KF299.W6 R69 2018ISBN: 9781941007815Publication Date: 2018-10-15
Other Subject Areas
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The law of artificial intelligence and smart machines : understanding A.I. and the legal impact
by
How will the law change to accommodate the role of artificial intelligence in society and how much of that change has occurred already? When machines make their own decisions with financial impact, who receives credit or blame? This new guide provides an...examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.
Call Number: K564.C6 L39 2019ISBN: 9781641054133Publication Date: 2019
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Regulating Food Additives
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Food additives have been used since the beginning of time to enhance the quality and quantity of food products. We know from historical research that alcohol, vinegar, oils, and spices were used more than 10,000 years ago to preserve foods. The incorporation of various additives to human food has never ceased. Additives have been used and continue to be used to perform various functions from enhancing the flavor to increasing the shelf-life of the food. Until the time of the Industrial Revolution, the above-mentioned ingredients and a limited number of other ingredients were the major food additives used. However, the Industrial Revolution brought about advances in machinery development and changes in technology. Food production, especially grain, increased at a hectic pace and new food additives were developed. Fast forward to current times; knowledge regarding food additives, how they are prepared, their composition, and how they work has become very important to those in the food industry and health conscious consumers. Regulating Food Additives: The Good, Bad, and the Ugly addresses both the importance and the dangers of food additives. It discusses how food additives are prepared, what they are composed of, and why we need to be concerned about them. In addition, this book provides a timeline of laws regulating food in U.S. history such as the Federal Food, Drug and Cosmetic Act (FFDCA) passed in 1938 and the Food Additives Amendment to that Act passed in 1958.
Call Number: TX553.A3 S64 2019ISBN: 9781641433549Publication Date: 2019-11-30
