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.
Administrative Law
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The End of Justice
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It has been submitted that the implementation of technological innovations in adjudicatory processes reduces error and improves consistency in legal decision-making, is cost and time efficient and benefits access to justice. An issue that has received little exposure is that of the impact of automation on the rights adjudicated. In other words: does (partly) automated dispute resolution lead to results equal or approximate to those obtained in procedures conducted under the auspices of a human actor (mediator, conciliator, arbitrator or State-appointed judge) only? This paper seeks to investigate this issue from three perspectives: computer science, (cognitive and social) psychology and experiences with automation in the context of US administrative law. It applies the insights gained from these fields in a case study in the field of European Consumer Sales Law ("ECSL"). This case study examines whether the use of automation in dispute resolution over rights defined under ECSL affects the vindication of such rights. It is submitted that the results of this assessment give rise to concerns, amongst others for doubts as to the compatibility of automated decision-making and ECSL, market pressures incentivizing unbalanced algorithms (automation bias) and perils of human interaction with automation (decision bias, complacency and monitoring failures) more generally. These concerns are exacerbated by a lack of ( judicial and regulatory) supervision of automated decision-making systems on the EU and national levels. This analysis suggests an alternative approach towards regulating automation in (online) dispute resolution. This approach focuses not on developing codes of conduct directed towards developers of expert systems or ADR professionals employing such systems. Rather, it proposes that regulation in the field should address the human-system dynamic in automation by incentivizing the development of transparent systems capable of internalizing trust in automated decision-making.
Call Number: K2390 .Z45 2018ISBN: 9789462368811Publication Date: 2018-08-09
Animal Law
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Contesting Leviathan
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In 1999, off the coast of the Pacific Northwest, the first gray whale in seven decades was killed by Makah whalers. The hunt marked the return of a centuries-old tradition and, predictably, set off a fierce political and environmental debate. Whalers from the Makah Indian Tribe and antiwhaling activists have clashed for over twenty years, with no end to this conflict in sight. In Contesting Leviathan, anthropologist Les Beldo describes the complex judicial and political climate for whale conservation in the United States, and the limits of the current framework in which whales are treated as "large fish" managed by the National Marine Fisheries Service. Emphasizing the moral dimension of the conflict between the Makah, the US government, and antiwhaling activists, Beldo brings to light the lived ethics of human-animal interaction, as well as how different groups claim to speak for the whale--the only silent party in this conflict. A timely and sensitive study of a complicated issue, this book calls into question anthropological expectations regarding who benefits from the exercise of state power in environmental conflicts, especially where indigenous groups are involved. Vividly told and rigorously argued, Contesting Leviathan will appeal to anthropologists, scholars of indigenous culture, animal activists, and any reader interested in the place of animals in contemporary life.
Call Number: SH383.2 .B45 2019ISBN: 9780226657370Publication Date: 2019-10-15 -
Dog's Best Friend?
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In almost 40 per cent of households in North America, dogs are kept as companion animals. Dogs may be man's best friends, but what are humans to dogs? If these animals' loyalty and unconditional love have won our hearts, why do we so often view closely related wild canids, such as foxes, wolves, and coyotes, as pests, predatory killers, and demons? Re-examining the complexity and contradictions of human attitudes towards these animals, Dog's Best Friend? looks at how our relationships with canids have shaped and also been transformed by different political and economic contexts. Journeying from ancient Greek and Roman societies to Japan's Edo period to eighteenth-century England, essays explore how dogs are welcomed as family, consumed in Asian food markets, and used in Western laboratories. Contributors provide glimpses of the lives of street dogs and humans in Bali, India, Taiwan, and Turkey and illuminate historical and current interactions in Western societies. The book delves into the fantasies and fears that play out in stereotypes of coyotes and wolves, while also acknowledging that events such as the Wolf Howl in Canada's Algonquin Park indicate the emergence of new popular perspectives on canids. Questioning where canids belong, how they should be treated, and what rights they should have, Dog's Best Friend? reconsiders the concept of justice and whether it can be extended beyond the limit of the human species.
Call Number: SF422.5 .D64 2019ISBN: 9780773559059Publication Date: 2019-11-14 -
Global Meat - Social and Environmental Consequences of the Expanding Meat Industry
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The growth of the global meat industry and the implications for climate change, food insecurity, workers' rights, the treatment of animals, and other issues. Global meat production and consumption have risen sharply and steadily over the past five decades, with per capita meat consumption almost doubling since 1960. The expanding global meat industry, meanwhile, driven by new trade policies and fueled by government subsidies, is dominated by just a few corporate giants. Industrial farming--the intensive production of animals and fish--has spread across the globe. Millions of acres of land are now used for pastures, feed crops, and animal waste reservoirs. Drawing on concrete examples, the contributors to Global Meat explore the implications of the rise of a global meat industry for a range of social and environmental issues, including climate change, clean water supplies, hunger, workers' rights, and the treatment of animals. Three themes emerge from their discussions: the role of government and corporations in shaping the structure of the global meat industry; the paradox of simultaneous rising meat production and greater food insecurity; and the industry's contribution to social and environmental injustice. Contributors address such specific topics as the dramatic increase in pork production and consumption in China; land management by small-scale cattle farmers in the Amazon; the effect on the climate of rising greenhouse gas emissions from cattle raised for meat; and the tensions between economic development and animal welfare. Contributors Conner Bailey, Robert M. Chiles, Celize Christy, Riva C. H. Denny, Carrie Freshour, Philip H. Howard, Elizabeth Ransom, Tom Rudel, Mindi Schneider, Nhuong Tran, Bill Winders
Call Number: HD9410.5 .G56 2019ISBN: 9780262537735Publication Date: 2019-09-01 -
In Search of Canine Justice
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Many scholars posit distinct European and American approaches to public policy, with the European approach more likely to have a generous social safety net, tougher regulations on businesses, and stronger protections for animals. Via a comparative analysis of several policies, In Search of Canine Justice asks whether this conventional wisdom holds in the area of canine welfare. While there is much vindication of these two distinct approaches, the reality is more complex when the behavior of particular states is taken into account. In short, European laws are more likely to advance canine welfare, but there are not only exceptions but places where practices deviate from the laws. At the state level in the United States, the trend is toward more protective laws and practices in this area as well. In Search of Canine Justice is a valuable resource for students of comparative politics, animal studies, animal law, and public policy, as well as anyone with a general interest in canine welfare or a specific interest in the regulation of commercial breeding, euthanasia, commercial greyhound racing, scientific experimentation, and/or unnecessary surgeries for cosmetic reasons.
Call Number: K564.D64 W35 2019ISBN: 9781433159015Publication Date: 2019-03-27 -
Integrational Linguistics Perspectives on Animal Personhood and the Law
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In recent years a set of challenging questions have arisen in relation to the status of animals; their treatment by human beings; their cognitive abilities; and the nature of their feelings, emotions, and capacity for suffering. This ground-breaking book draws from integrational semiology to investigate arguments around the rights of certain animals to be recognized as legal persons, thereby granting them many of the protections enjoyed by humans. In parallel with these debates, the question of the legal personality of artificial intelligence (AI) systems has moved to the forefront of legal debate, with entities such as robots, cyborgs, self-driving cars, and genetically engineered beings under consideration. Integrationism offers a framework within which the wider theoretical and practical issues can be understood. Law requires closure and categorical answers; integrationism is an open-ended form of inquiry that is seen as removed from particular controversies. This book argues that the two domains can be brought together in a challenging and productive synthesis. A much-needed resource to examine the heart of this fascinating debate and a must-read for anyone interested in semiology, linguistics, philosophy, ethics, and law. that the two domains can be brought together in a challenging and productive synthesis. A much-needed resource to examine the heart of this fascinating debate and a must-read for anyone interested in semiology, linguistics, philosophy, ethics, and law.
Call Number: K625 .H88 2019ISBN: 9781138308794Publication Date: 2019-04-16 -
Principles of Animal Research Ethics
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This volume is the first to present a framework of general principles for animal research ethics together with an analysis of the principles' meaning and moral requirements. This new framework of six moral principles constitutes a more suitable set of moral guidelines than any currentlyavailable, including the influential framework presented in the Principles of Humane Experimental Technique published in 1959 by zoologist and psychologist William M. S. Russell and microbiologist Rex L. Burch. While other accounts have presented specific directives to guide the use of animals inresearch, Tom L. Beauchamp and David DeGrazia here offer a set of general moral principles that are adequate to the task of evaluating biomedical and behavioral research involving animals today. Their comprehensive framework addresses ethical requirements pertaining to societal benefit - a criticalconsideration in justifying the harming of animals in research - and features a thorough program of animal welfare protection. In doing so, their principles bridge the gap between the concerns of the research community and the animal-protection community.The book is distinctive in featuring commentaries on the framework of principles by eminent figures in animal research ethics from an array of relevant disciplines: veterinary medicine, biomedical research, biology, zoology, comparative psychology, primatology, law, and bioethics. The sevencommentators - Larry Carbone, Frans de Waal, Rebecca Dresser, Joseph Garner, Brian Hare, Margaret Landi, and Julian Savulescu - scrutinize Beauchamp and DeGrazia's principles in terms of both their theoretical cogency and practical implications, evaluating their relevance to the medical andscientific professions. The range of ethical issues encompassed in Principles of Animal Research Ethics will be useful to professionals in the biomedical and behavioral sciences and will also appeal to individuals and scholars interested in bioethics, animal ethics, and applied ethicsgenerally.
Call Number: HV4915 .B43 2020ISBN: 9780190939120Publication Date: 2020-01-30 -
Sustainable governance and management of food systems
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This book focuses on the role of governance and management in the food chain. These methods are now especially important as the current food system has been found to inflict unsustainable environmental pressures on our planet. These include, but are not limited to, greenhouse gas emissions, biodiversity loss, excessive water usage and problems with nutrition cycles. In addition, issues such as the treatment of farm animals has attracted considerable media and public attention from the ethical point of view. Therefore, the prominent questions discussed in this book are:- What are the most important ethical issues in our fisheries, agriculture and food systems?- How should we govern food systems when sustainability is a key goal?- What kind of management tools are available for this purpose?- Who is responsible for making the agriculture and food system more sustainable?
Call Number: HD9000.5 .F663 2019ISBN: 9789086863419Publication Date: 2019-09-19
Business, Investment, and Tax Law
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Business and Human Rights As Law
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"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
Call Number: K1322 .A94 2019ISBN: 9780433478607Publication Date: 2019-01-01 -
The Conservative Case for Class Actions
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Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Call Number: KF8896 .F58 2019ISBN: 9780226659336Publication Date: 2019-11-01
Cannabis Law
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Cannabis
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From the nineteenth century to the twenty-first, cannabis legislation in America and racism have been inextricably linked. In this searing nonfiction graphic novel, Box Brown sets his sights on this timely topic. Mexico, 1519 CE. During the Spanish conquests Cortés introduced hemp farming as part of his violent colonial campaign. In secret, locals began cultivating the plant for consumption. It eventually made its way to the United States through the immigrant labor force where it was shared with black laborers. It doesn't take long for American lawmakers to decry cannabis as the vice of "inferior races." Enter an era of propaganda designed to feed a moral panic about the dangers of a plant that had been used by humanity for thousands of years. Cannabis was given a schedule I classification, which it shared with drugs like heroin. This opened the door for a so-called "war on drugs" that disproportionately targeted young black men, leaving hundreds of thousands in prison, many for minor infractions. With its roots in "reefer madness" and misleading studies into the effects of cannabis, America's complicated and racialized relationship with marijuana continues to this day. InCannabis, Box Brown delves deep into this troubling history and offers a rich, entertaining, and thoroughly researched graphic essay on the legacy of cannabis legislation in America.
Call Number: HV5822.M3 B74 2019ISBN: 9781250154088Publication Date: 2019-04-02
Civil Procedure
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The Conservative Case for Class Actions
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Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Call Number: KF8896 .F58 2019ISBN: 9780226659336Publication Date: 2019-11-01
Civil Rights and Constitutional Law
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Amazons, Abolitionists, and Activists
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August 26, 2020, marks the 100th anniversary of the passage of the 19th Amendment, which granted American women the right to vote. And while suffrage has been a critical win for women's liberation around the world, the struggle for women's rights has been ongoing for thousands of years, across many cultures, and encompassing an enormous variety of issues. Amazons, Abolitionists, and Activistsis a fun, fascinating, and full-color exploration of that important history, tracing its roots from antiquity to show how 21st-century feminism developed. Along the way, you'll meet a wide range of important historical figures and learn about many political movements, including suffrage, abolition, labor, LGBT liberation, the waves of feminism, and more.
Call Number: HQ1236 .A45 2019ISBN: 9780399581793Publication Date: 2019-11-05 -
Braiding Legal Orders
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Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Call Number: KE7709 .B73 2019ISBN: 9781928096818Publication Date: 2019-06-06 -
Lighting the Way
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Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate. Introducing compelling new data on the policy focuses of federal courts, Rice presents the first long-term, comprehensive consideration of the judicial agenda. In doing so, he details the essential role of the Supreme Court and other federal courts in directing attention to issues in American politics through influential relationships with Congress, the presidency, and the public. The dynamics Rice illustrates grow from the strengths of political constituencies in various policy areas and the constitutional powers accorded to the courts. Lighting the Way provides strong evidence that, as long argued but never empirically demonstrated, the courts systematically lead the attention of other institutions on civil rights. The research speaks to a broad and growing literature in political science and sociolegal research on the interactive nature of policymaking and the critical role of legal institutions and social movements in shaping policy agendas.
Call Number: KF8700 .R53 2020ISBN: 9780813943947Publication Date: 2020-03-03 -
Reconsidering Judicial Finality
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Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the "unalterable fact," as Chief Justice Rehnquist once remarked, "that our judicial system, like the human beings who administer it, is fallible." And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court's decisions have, of course, been challenged and reversed in numerous cases--involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings--and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court's decision in Citizens United, Fisher's work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court's nine justices as democracy's last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government--and, finally, to the American people.
Call Number: KF8748 .F57 2019ISBN: 9780700628100Publication Date: 2019-08-16 -
Supreme Inequality
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A New York Times "20 Books We're Watching For in 2020" pick From New York Times bestselling author Adam Cohen, a revelatory examination of the conservative direction of the Supreme Court over the last fifty years since the Nixon administration In 1969, newly elected president Richard Nixon launched an assault on the Supreme Court. He appointed four conservative justices in just three years, dismantling its previous liberal majority and setting it on a rightward course that continues to today. Before this drastic upheaval, the Court, led by Chief Justice Earl Warren, had been a powerful force for equality and inclusion, expanding the rights of the poor and racial minorities. Its rulings integrated schools across the South, established the Miranda warning for suspects in police custody, and recognized the principle of one person, one vote. But when Warren retired, Nixon used his four nominations to put a stop to that liberal agenda, and turn the Court into a force for his own views about what kind of nation America should be. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how rarely the Court has veered away from its agenda of promoting inequality. Contrary to what Americans like to believe, the Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Many of the greatest successes of the Warren Court, in areas such as school desegregation, voting rights, and protecting workers, have been abandoned in favor of rulings that protect corporations and privileged Americans, who tend to be white, wealthy, and powerful. As the nation comes to grips with two new Trump-appointed justices, Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation's soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and shows how much damage it has done to America's ideals of equality, democracy, and justice for all.
Call Number: KF8748 .C549 2020ISBN: 9780735221505Publication Date: 2020-02-25 -
The Abortionist
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This twenty-fifth anniversary edition places abortion politics in the context of reproductive justice today and explains why abortion has been--and remains--a political flashpoint in the United States. Before Roe v. Wade, hundreds of thousands of illegal abortions occurred in the United States every year. Rickie Solinger tells the story of Ruth Barnett, an abortionist in Portland, Oregon, from 1918 to 1968, to demonstrate how the law, not back‑alley practitioners, endangered women's lives in the years before legalized abortion. Women from all walks of life came to Barnett, who worked in a proper office, undisturbed by legal authorities, and never lost a patient. But in the illegal era following World War II, Barnett and other practitioners were hounded by police and became targets for politicians; women seeking abortions were forced to turn to syndicates run by racketeers or to use self‑induced methods that often ended in injury or death. This new edition places abortion politics in the context of reproductive justice today. Despite the change in women's status since Barnett's time, key cultural and political meanings of abortion have endured. Opponents of Roe v. Wade continue their efforts to recriminalize abortion and reestablish an inexorable relationship between biology and destiny. The Abortionist is an instructive reminder that legal abortion facilitated women's status as full members of society. Barnett's story clarifies the relationship of legal abortion to human dignity and shows why preserving and extending Roe v. Wade ensures women's freedom to decide for themselves what is best for their health.
Call Number: HQ767.5.U5 S7326 2019ISBN: 9780520322820Publication Date: 2019-10-01 -
The Conservation Constitution
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Over the course of the twentieth century, the United States emerged as a global leader in conservation policy--negotiating the first international conservation treaties, pioneering the idea of the national park, and leading the world in creating a modern environmental regulatory regime. And yet, this is a country famously committed to the ideals of limited government, decentralization, and strong protection of property rights. How these contradictory values have been reconciled, not always successfully, is what Kimberly K. Smith sets out to explain in The Conservation Constitution--a book that brings to light the roots of contemporary constitutional conflict over environmental policy. In the mid-nineteenth century, most Progressive Era conservation policies would have been considered unconstitutional. Smith traces how, between 1870 and 1930, the conservation movement reshaped constitutional doctrine to its purpose--how, specifically, courts and lawyers worked to expand government authority to manage wildlife, forest and water resources, and pollution. Her work, which highlights a number of important Supreme Court decisions often overlooked in accounts of this period, brings the history of environmental management more fully into the story of the US Constitution. At the same time, illuminating the doctrinal innovation in the Progressives' efforts, her book reveals the significance of constitutional history to an understanding of the government's role in environmental management.
Call Number: KF5505 .S65 2019ISBN: 9780700628445Publication Date: 2019-10-25 -
The Nature of Constitutional Rights
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What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.
Call Number: KF4552 .F352 2019ISBN: 9781108483261Publication Date: 2019-03-14 -
The Toughest Gun Control Law in the Nation
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A comprehensive assessment of real gun reform legislation with recommendations for better design, implementation and enforcement A month after the Sandy Hook Elementary School shooting, New York State passed, with record speed, the first and most comprehensive state post-Sandy Hook gun control law. In The Toughest Gun Control Law in the Nation, James B. Jacobs and Zoe Fuhr ask whether the 2013 SAFE Act --hailed by Governor Andrew Cuomo as "the nation's toughest gun control law" - has lived up to its promise. Jacobs and Fuhr illuminate the gap between gun control on the books and gun control in action. They argue that, to be effective, gun controls must be capable of implementation and enforcement. This requires realistic design, administrative and enforcement capacity and commitment and ongoing political and fiscal support. They show that while the SAFE Act was good symbolic politics, most of its provisions were not effectively implemented or, if implemented, not enforced. Gun control in a society awash with guns poses an immense regulatory challenge. The Toughest Gun Control Law in the Nation takes a tough-minded look at the technological, administrative, fiscal and local political impediments to effectively keeping guns out of the hands of dangerous persons and eliminating some types of guns altogether.
Call Number: KFN5640.5.A352013 J33 2019ISBN: 9781479835614Publication Date: 2019-11-05 -
What Snowflakes Get Right
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Angry debates about polarizing speakers have roiled college campuses. Conservatives accuse universities of muzzling unpopular opinions, betraying their values of open inquiry; students sympathetic to the left openly advocate against completely unregulated speech, asking for "safe spaces" andprotection against visiting speakers and even curricula they feel disrespects them. Some even call these students "snowflakes" - too fragile to be exposed to opinions and ideas that challenge their worldviews. How might universities resolve these debates about free speech, which pit their students'welfare against the university's commitment to free inquiry and open debate?Ulrich Baer here provides a new way of looking at this dilemma. He explains how the current dichotomy is false and is not really about the feelings of offended students, or protecting an open marketplace of ideas. Rather, what is really at stake is our democracy's commitment to equality, and theuniversity's critical role as an arbiter of truth. He shows how and why free speech has become the rallying cry that forges an otherwise uneasy alliance of liberals and ultra-conservatives, and why this First Amendment absolutism is untenable in law and society in general. He draws on law,philosophy, and his extensive experience as a university administrator to show that the lens of equality can resolve this impasse, and can allow the university to serve as a model for democracy that upholds both truth and equality as its founding principles.
Call Number: LC72.2 .B34 2019ISBN: 9780190054199Publication Date: 2019-10-01
Criminal Law and Procedure
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Crimes That Changed Our World
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Can crime make our world safer? Crimes are the worst of humanity's wrongs but, oddly, they sometimes "trigger" improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
Call Number: K5032 .R63 2018ISBN: 9781538102015Publication Date: 2018-06-15 -
Problem-Solving Courts and the Criminal Justice System
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Problem-solving courts provide judicially supervised treatment for behavioral health needs commonly found among criminal offenders, including substance abuse and mental health disorders, and they treat a variety of offender populations. These courts employ a team-based approach consisting of ajudge, defense attorney, prosecutor, and treatment providers, representing a significant paradigm shift in how the justice system treats offenders with special needs. Despite the proliferation of problem-solving courts, there remains some uncertainty about how they function, how effective they are,and the most promising ways to implement problem-solving justice.Problem-Solving Courts and the Criminal Justice System provides a comprehensive foundation of knowledge related to problem-solving courts and the role they play in the United States criminal justice system. The book begins with an overview that explores precipitating factors in these courts'development, relevant political influence, and their history, purposes, benefits, and drawbacks, followed by a detailed discussion of specific types of problem solving courts, including drug courts, mental health courts, and veterans courts, among many others. Next a review of the legal and ethicalconsiderations of alternative methods to standard prosecution is complemented by an examination of the methodological challenges faced by researchers when attempting to study the effectiveness of problem-solving courts. The book concludes with a discussion of future directions in terms of research,practice, and policy relating to these courts in the United States. Problem-Solving Courts and the Criminal Justice System is appropriate for professionals, researchers, and students in the fields of mental health, criminal justice, and law.
Call Number: KF8759 .D463 2019ISBN: 9780190844820Publication Date: 2019-09-30
Environmental, Energy, and Natural Resources Law
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Environmental Law and Economics
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In Environmental Law and Economics, Michael G. Faure and Roy A. Partain provide a detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers. The authors demonstrate how this approach can transcend political divisions in the context of international environmental law, environmental criminal law, and the property rights approach to environmental law. Private law solutions and public regulatory approaches are also explored, including traditional command-and-control and market-based forms of regulation. The book not only shows how the law-and-economics framework can be used to protect the environment, but also to examine deeper questions involving environmental federalism and the effectiveness of environmental law in developing economies. In clear, digestible prose that does not require readers to possess a background in microeconomics or mathematics, the authors introduce the theory and practice of environmental law and economics that have been so critical in the creation of robust environmental policy.
Call Number: K3585 .F385 2019ISBN: 9781108429481Publication Date: 2019-10-10 -
From the Inside Out - the Fight for Environmental Justice Within Government Agencies
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An examination of why government agencies allow environmental injustices to persist. Many state and federal environmental agencies have put in place programs, policies, and practices to redress environmental injustices, and yet these efforts fall short of meeting the principles that environmental justice activists have fought for. In From the Inside Out, Jill Lindsey Harrison offers an account of the bureaucratic culture that hinders regulatory agencies' attempts to reduce environmental injustices. It is now widely accepted that America's poorest communities, communities of color, and Native American communities suffer disproportionate harm from environmental hazards, with higher exposure to pollution and higher incidence of lead poisoning, cancer, asthma, and other diseases linked to environmental ills. And yet, Harrison reports, some regulatory staff view these problems as beyond their agencies' area of concern, requiring too many resources, or see neutrality as demanding "color-blind" administration. Drawing on more than 160 interviews (with interviewees including 89 current or former agency staff members and more than 50 environmental justice activists and others who interact with regulatory agencies) and more than 50 hours of participant observation of agency meetings (both open- and closed-door), Harrison offers a unique account of how bureaucrats resist, undermine, and disparage environmental justice reform--and how environmental justice reformers within the agencies fight back by trying to change regulatory practice and culture from the inside out. Harrison argues that equity, not just aggregated overall improvement, should be a metric for evaluating environmental regulation.
Call Number: GE230 .H37 2019ISBN: 9780262537742Publication Date: 2019-09-01 -
Global Meat - Social and Environmental Consequences of the Expanding Meat Industry
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The growth of the global meat industry and the implications for climate change, food insecurity, workers' rights, the treatment of animals, and other issues. Global meat production and consumption have risen sharply and steadily over the past five decades, with per capita meat consumption almost doubling since 1960. The expanding global meat industry, meanwhile, driven by new trade policies and fueled by government subsidies, is dominated by just a few corporate giants. Industrial farming--the intensive production of animals and fish--has spread across the globe. Millions of acres of land are now used for pastures, feed crops, and animal waste reservoirs. Drawing on concrete examples, the contributors to Global Meat explore the implications of the rise of a global meat industry for a range of social and environmental issues, including climate change, clean water supplies, hunger, workers' rights, and the treatment of animals. Three themes emerge from their discussions: the role of government and corporations in shaping the structure of the global meat industry; the paradox of simultaneous rising meat production and greater food insecurity; and the industry's contribution to social and environmental injustice. Contributors address such specific topics as the dramatic increase in pork production and consumption in China; land management by small-scale cattle farmers in the Amazon; the effect on the climate of rising greenhouse gas emissions from cattle raised for meat; and the tensions between economic development and animal welfare. Contributors Conner Bailey, Robert M. Chiles, Celize Christy, Riva C. H. Denny, Carrie Freshour, Philip H. Howard, Elizabeth Ransom, Tom Rudel, Mindi Schneider, Nhuong Tran, Bill Winders
Call Number: HD9410.5 .G56 2019ISBN: 9780262537735Publication Date: 2019-09-01
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Plastic Soup
by
Plastics have transformed every aspect of our lives. Yet the very properties that make them attractive--they are cheap to make, light, and durable--spell disaster when trash makes its way into the environment. Plastic Soup: An Atlas of Ocean Pollution is a beautifully-illustrated survey of the plastics clogging our seas, their impacts on wildlife and people around the world, and inspirational initiatives designed to tackle the problem. In Plastic Soup, Michiel Roscam Abbing of the Plastic Soup Foundation reveals the scope of the issue: plastic trash now lurks on every corner of the planet. With striking photography and graphics, Plastic Soup brings this challenge to brilliant life for readers. Yet it also sends a message of hope; although the scale of the problem is massive, so is the dedication of activists working to check it. Plastic Soup highlights a diverse array of projects to curb plastic waste and raise awareness, from plastic-free grocery stores to innovative laws and art installations. According to some estimates, if we continue on our current path, the oceans will contain more plastic than fish by the year 2050. Created to inform and inspire readers, Plastic Soup is a critical tool in the fight to reverse this trend.
Call Number: TD427.P62 R6713 2019ISBN: 9781642830088Publication Date: 2019-04-04 -
Science Be Dammed
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Science Be Dammed is an alarming reminder of the high stakes in the management--and perils in the mismanagement--of water in the western United States. It seems deceptively simple: even when clear evidence was available that the Colorado River could not sustain ambitious dreaming and planning by decision-makers throughout the twentieth century, river planners and political operatives irresponsibly made the least sustainable and most dangerous long-term decisions. Arguing that the science of the early twentieth century can shed new light on the mistakes at the heart of the over-allocation of the Colorado River, authors Eric Kuhn and John Fleck delve into rarely reported early studies, showing that scientists warned as early as the 1920s that there was not enough water for the farms and cities boosters wanted to build. Contrary to a common myth that the authors of the Colorado River Compact did the best they could with limited information, Kuhn and Fleck show that development boosters selectively chose the information needed to support their dreams, ignoring inconvenient science that suggested a more cautious approach. Today water managers are struggling to come to terms with the mistakes of the past. Focused on both science and policy, Kuhn and Fleck unravel the tangled web that has constructed the current crisis. With key decisions being made now, including negotiations for rules governing how the Colorado River water will be used after 2026, Science Be Dammed offers a clear-eyed path forward by looking back. Understanding how mistakes were made is crucial to understanding our contemporary problems. Science Be Dammed offers important lessons in the age of climate change about the necessity of seeking out the best science to support the decisions we make.
Call Number: HD1695.C6 K85 2019ISBN: 9780816540051Publication Date: 2019-11-26 -
Sustainable governance and management of food systems
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This book focuses on the role of governance and management in the food chain. These methods are now especially important as the current food system has been found to inflict unsustainable environmental pressures on our planet. These include, but are not limited to, greenhouse gas emissions, biodiversity loss, excessive water usage and problems with nutrition cycles. In addition, issues such as the treatment of farm animals has attracted considerable media and public attention from the ethical point of view. Therefore, the prominent questions discussed in this book are:- What are the most important ethical issues in our fisheries, agriculture and food systems?- How should we govern food systems when sustainability is a key goal?- What kind of management tools are available for this purpose?- Who is responsible for making the agriculture and food system more sustainable?
Call Number: HD9000.5 .F663 2019ISBN: 9789086863419Publication Date: 2019-09-19
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The Conservation Constitution
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Over the course of the twentieth century, the United States emerged as a global leader in conservation policy--negotiating the first international conservation treaties, pioneering the idea of the national park, and leading the world in creating a modern environmental regulatory regime. And yet, this is a country famously committed to the ideals of limited government, decentralization, and strong protection of property rights. How these contradictory values have been reconciled, not always successfully, is what Kimberly K. Smith sets out to explain in The Conservation Constitution--a book that brings to light the roots of contemporary constitutional conflict over environmental policy. In the mid-nineteenth century, most Progressive Era conservation policies would have been considered unconstitutional. Smith traces how, between 1870 and 1930, the conservation movement reshaped constitutional doctrine to its purpose--how, specifically, courts and lawyers worked to expand government authority to manage wildlife, forest and water resources, and pollution. Her work, which highlights a number of important Supreme Court decisions often overlooked in accounts of this period, brings the history of environmental management more fully into the story of the US Constitution. At the same time, illuminating the doctrinal innovation in the Progressives' efforts, her book reveals the significance of constitutional history to an understanding of the government's role in environmental management.
Call Number: KF5505 .S65 2019ISBN: 9780700628445Publication Date: 2019-10-25
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The Impact of Environmental Law
by
This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms.Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet.Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform.
Call Number: K3585 .I47 2020ISBN: 9781839106927Publication Date: 2020-05-18 -
This Land
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"A big, bold book about public lands . . . The Desert Solitaire of our time." --Outside A hard-hitting look at the battle now raging over the fate of the public lands in the American West--and a plea for the protection of these last wild places The public lands of the western United States comprise some 450 million acres of grassland, steppe land, canyons, forests, and mountains. It's an American commons, and it is under assault as never before. Journalist Christopher Ketcham has been documenting the confluence of commercial exploitation and governmental misconduct in this region for over a decade. His revelatory book takes the reader on a journey across these last wild places, to see how capitalism is killing our great commons. Ketcham begins in Utah, revealing the environmental destruction caused by unregulated public lands livestock grazing, and exposing rampant malfeasance in the federal land management agencies, who have been compromised by the profit-driven livestock and energy interests they are supposed to regulate. He then turns to the broad effects of those corrupt politics on wildlife. He tracks the Department of Interior's failure to implement and enforce the Endangered Species Act--including its stark betrayal of protections for the grizzly bear and the sage grouse--and investigates the destructive behavior of U.S. Wildlife Services in their shocking mass slaughter of animals that threaten the livestock industry. Along the way, Ketcham talks with ecologists, biologists, botanists, former government employees, whistleblowers, grassroots environmentalists and other citizens who are fighting to protect the public domain for future generations. This Land is a colorful muckraking journey--part Edward Abbey, part Upton Sinclair--exposing the rot in American politics that is rapidly leading to the sell-out of our national heritage. The book ends with Ketcham's vision of ecological restoration for the American West: freeing the trampled, denuded ecosystems from the effects of grazing, enforcing the laws already in place to defend biodiversity, allowing the native species of the West to recover under a fully implemented Endangered Species Act, and establishing vast stretches of public land where there will be no development at all, not even for recreation.
Call Number: GE155.W47 K47 2019ISBN: 9780735220980Publication Date: 2019-07-16 -
Transforming Psychological Worldviews to Confront Climate Change
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In the continuing debate of how to confront the challenges of climate change, individuals, advocacy groups, and political parties in the United States offer arguments and solutions based on economic and political viewpoints. But what if we are beginning from a distorted view? In this book, F. Stephan Mayer argues that our psychological representation of the world is at the heart of the underlying causes of climate change. Mayer posits that we need to change the way we see the world if we are to effectively take a new course of action to address this threat. Through an alternative worldview based on Aldo Leopold's concept of land ethic, Mayer furthers the conversation by promoting a clearer vision of our relationship to nature and how it leads to a different path directed toward environmental sustainability. Based on over 20 years of psychological research examining the impact of the land ethic on pro-environmental behavior and personal well being, Mayer's accessible tone invites readers to place their worldview within a broader framework, draw connections to their lives, and spark ideas of next steps that individuals and groups can take to transition to this alternative worldview and rectify this situation. ]
Call Number: BF353.5.C55 M37 2019ISBN: 9780520298460Publication Date: 2018-11-06
Immigration Law
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Crimmigrant Nations
by
As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants--particularly people of color--have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.
Call Number: K3275 .C75 2020ISBN: 9780823287482Publication Date: 2020-03-03
Indigenous Law
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Braiding Legal Orders
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Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Call Number: KE7709 .B73 2019ISBN: 9781928096818Publication Date: 2019-06-06
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Ceremony Men
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"Ceremony Men is an account of one scholar's attempt to return an anthropological collection to Aboriginal communities in remote central Australia. In revealing his process, Jason M. Gibson highlights the importance of personal rapport and collaborations in ethnographic exchange, both past and present, and demonstrates the ongoing importance of sociality, relationship, and orality when Indigenous peoples encounter museum collections today. Combining forensic historical analysis with contemporary ethnographic research, this book challenges the notion that anthropological archives will necessarily become authoritative or dominant statements on a people's cultural identity. Instead, Indigenous peoples will often interrogate and re-contextualise this material with great dexterity as they work to re-integrate the documented into their present-day social lives. By analyzing one of the world's greatest collections of Indigenous song, myth and ceremony-the collections of linguist/anthropologist T.G.H. Strehlow-Ceremony Men demonstrates how inextricably intertwined ethnographic collections can become in complex historical and social relations. By theorizing the nature of the documenter-documented relationships this book makes an important contribution to the at times simplistic post-colonial generalizations that dominate analyses of colonial interaction. A story of local agency is uncovered that enriches our understanding of the human engagements that took (and continue to take) place within varying colonial relations of Australia"--
Call Number: GN666 .G57 2020ISBN: 9781438478548Publication Date: 2020-05-01
Innovation, Technology, & the Law
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Law As Data
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In recent years, the digitization of legal texts and developments in the fields of statistics, computer science, and data analytics have opened entirely new approaches to the study of law. This volume explores the new field of computational legal analysis, an approach marked by its use of legal texts as data. The emphasis herein is work that pushes methodological boundaries, either by using new tools to study longstanding questions within legal studies or by identifying new questions in response to developments in data availability and analysis. By using the text and underlying data of legal documents as the direct objects of quantitative statistical analysis, Law as Data introduces the legal world to the broad range of computational tools already proving themselves relevant to law scholarship and practice, and highlights the early steps in what promises to be an exciting new approach to studying the law.
Call Number: KF390.5.C6 L393 2019ISBN: 9781947864139Publication Date: 2018-12-01 -
Law Technology and Society
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This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management--designed into products, processes, places and so on--what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the 'regulatory environment', and the 'complexion' of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law--are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a ∂ secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law. l management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a ∂ secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.
Call Number: K3840 .B76 2019ISBN: 9780815356455Publication Date: 2019-03-07 -
Small Satellites and Sustainable Development - Solutions in International Space Law
by
This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space. The rise of small satellite constellations has produced a paradigm shift in the use of space capabilities, suddenly making them far more available and affordable. This development has in turn sparked substantial global interest in finding ways to capitalize on the new opportunities and to mitigate the challenges posed by these mega-constellations. This work targets precisely that need, offering a valuable asset for readers from the commercial space industry, investors, lawyers, researchers, academics and policymakers alike.
Call Number: K4307 .N35 2019ISBN: 9783030186197Publication Date: 2019-05-13 -
Software Rights
by
A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other's place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.]]>
Call Number: KF3133.C65 C65 2019ISBN: 9780300228397Publication Date: 2019-10-22 -
The End of Justice
by
It has been submitted that the implementation of technological innovations in adjudicatory processes reduces error and improves consistency in legal decision-making, is cost and time efficient and benefits access to justice. An issue that has received little exposure is that of the impact of automation on the rights adjudicated. In other words: does (partly) automated dispute resolution lead to results equal or approximate to those obtained in procedures conducted under the auspices of a human actor (mediator, conciliator, arbitrator or State-appointed judge) only? This paper seeks to investigate this issue from three perspectives: computer science, (cognitive and social) psychology and experiences with automation in the context of US administrative law. It applies the insights gained from these fields in a case study in the field of European Consumer Sales Law ("ECSL"). This case study examines whether the use of automation in dispute resolution over rights defined under ECSL affects the vindication of such rights. It is submitted that the results of this assessment give rise to concerns, amongst others for doubts as to the compatibility of automated decision-making and ECSL, market pressures incentivizing unbalanced algorithms (automation bias) and perils of human interaction with automation (decision bias, complacency and monitoring failures) more generally. These concerns are exacerbated by a lack of ( judicial and regulatory) supervision of automated decision-making systems on the EU and national levels. This analysis suggests an alternative approach towards regulating automation in (online) dispute resolution. This approach focuses not on developing codes of conduct directed towards developers of expert systems or ADR professionals employing such systems. Rather, it proposes that regulation in the field should address the human-system dynamic in automation by incentivizing the development of transparent systems capable of internalizing trust in automated decision-making.
Call Number: K2390 .Z45 2018ISBN: 9789462368811Publication Date: 2018-08-09
International, Foreign, & Human Rights Law
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Braiding Legal Orders
by
Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as "a way forward" on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Call Number: KE7709 .B73 2019ISBN: 9781928096818Publication Date: 2019-06-06
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Business and Human Rights As Law
by
"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
Call Number: K1322 .A94 2019ISBN: 9780433478607Publication Date: 2019-01-01
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Dealing with terrorism : empirical and normative challenges of fighting the Islamic State
by
Call Number: KZ7220 .D43 2019ISBN: 9783861137771Publication Date: 2019 -
Handbook on Good Treaty Practice
by
This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
Call Number: K3342 .B37 2020ISBN: 9781107111905Publication Date: 2020-03-12 -
The Impact of Environmental Law
by
This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms.Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet.Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform.
Call Number: K3585 .I47 2020ISBN: 9781839106927Publication Date: 2020-05-18
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Refugee Law's Fact-Finding Crisis
by
At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.
Call Number: K3230.R45 C36 2018ISBN: 9781108427074Publication Date: 2018-05-10 -
Small Satellites and Sustainable Development - Solutions in International Space Law
by
This book analyses the ability of existing international law to address common vulnerabilities in connection with the recent emergence of small satellites, and how finding consensus in this context can pave the way to the sustainable development of space. The rise of small satellite constellations has produced a paradigm shift in the use of space capabilities, suddenly making them far more available and affordable. This development has in turn sparked substantial global interest in finding ways to capitalize on the new opportunities and to mitigate the challenges posed by these mega-constellations. This work targets precisely that need, offering a valuable asset for readers from the commercial space industry, investors, lawyers, researchers, academics and policymakers alike.
Call Number: K4307 .N35 2019ISBN: 9783030186197Publication Date: 2019-05-13
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Transnational Advocacy Networks and Human Rights Law
by
This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs' accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts. for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs' accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.
Call Number: K3243 .D66 2019ISBN: 9781138387508Publication Date: 2019-02-21 -
The Truth Machines
by
Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of "truth serum," Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
Call Number: HV8247 .L65 2020ISBN: 9780472074396Publication Date: 2020-02-26
Legal History
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Amazons, Abolitionists, and Activists
by
August 26, 2020, marks the 100th anniversary of the passage of the 19th Amendment, which granted American women the right to vote. And while suffrage has been a critical win for women's liberation around the world, the struggle for women's rights has been ongoing for thousands of years, across many cultures, and encompassing an enormous variety of issues. Amazons, Abolitionists, and Activistsis a fun, fascinating, and full-color exploration of that important history, tracing its roots from antiquity to show how 21st-century feminism developed. Along the way, you'll meet a wide range of important historical figures and learn about many political movements, including suffrage, abolition, labor, LGBT liberation, the waves of feminism, and more.
Call Number: HQ1236 .A45 2019ISBN: 9780399581793Publication Date: 2019-11-05
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Becoming Free, Becoming Black
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How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.
Call Number: E29.N3 F84 2020ISBN: 9781108480642Publication Date: 2020-01-16 -
Being Brown
by
Being Brown: Sonia Sotomayor and the Latino Question tells the story of the country's first Latina Supreme Court Associate Justice's rise to the pinnacle of American public life at a moment of profound demographic and political transformation. While Sotomayor's confirmation appeared to signal the greater acceptance and inclusion of Latinos--the nation's largest "minority majority"--the uncritical embrace of her status as a "possibility model" and icon paradoxically erased the fact that her success was due to civil rights policies and safeguards that no longer existed. Being Brown analyzes Sotomayor's story of success and accomplishment, despite seemingly insurmountable odds, in order to ask: What do we lose in democratic practice when we allow symbolic inclusion to supplant the work of meaningful political enfranchisement? In a historical moment of resurgent racism, unrelenting Latino bashing, and previously unimaginable "blood and soil" Nazism, Being Brown explains what we stand to lose when we allow democratic values to be trampled for the sake of political expediency, and demonstrates how understanding "the Latino question" can fortify democratic practice. Being Brown provides the historical vocabulary for understanding why the Latino body politic is central to the country's future and why Sonia Sotomayor's biography provides an important window into understanding America, and the country's largest minority majority, at this historical juncture. In the process, Being Brown counters "alternative facts" with historical precision and ethical clarity to invigorate the best of democratic practice at a historical moment when we need it most. ]
Call Number: KF8745.S67 L56 2019ISBN: 9780520300880Publication Date: 2019-11-12 -
Crimes That Changed Our World
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Can crime make our world safer? Crimes are the worst of humanity's wrongs but, oddly, they sometimes "trigger" improvement in our lives. Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it. Sometimes reform comes as a society wrestles with a new and intolerable problem. Sometimes it comes because an old problem from which we have long suffered suddenly has an apparent solution provided by technology or some other social or economic advance. Or, sometimes the engine of reform kicks into gear simply because we decide as a society that we are no longer willing to tolerate a long-standing problem and are now willing to do something about it. As the amazing and often touching stories that the Robinsons present make clear, the path of progress is not just a long series of course corrections; sometimes it is a quick turn or an unexpected lurch. In a flash we can suddenly feel different about present circumstances, seeing a need for change and can often, just as suddenly, do something about it. Every trigger crime that appears in Crimes That Changed Our World highlights a societal problem that America has chosen to deal with, each in a unique way. But what these extraordinary, and sometime unexpected, cases have in common is that all of them describe crimes that changed our world.
Call Number: K5032 .R63 2018ISBN: 9781538102015Publication Date: 2018-06-15
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Keeping Hold of Justice
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Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people's lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Call Number: KU519.I64 B35 2020ISBN: 9780472131686Publication Date: 2020-02-19 -
Law and People in Colonial America
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How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.
Call Number: KF361 .H63 2019ISBN: 9781421434599Publication Date: 2019-11-05 -
Skimmed
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Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed. Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.
Call Number: RJ216 .F7345 2020ISBN: 9781503601123Publication Date: 2019-12-03 -
The Abortionist
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This twenty-fifth anniversary edition places abortion politics in the context of reproductive justice today and explains why abortion has been--and remains--a political flashpoint in the United States. Before Roe v. Wade, hundreds of thousands of illegal abortions occurred in the United States every year. Rickie Solinger tells the story of Ruth Barnett, an abortionist in Portland, Oregon, from 1918 to 1968, to demonstrate how the law, not back‑alley practitioners, endangered women's lives in the years before legalized abortion. Women from all walks of life came to Barnett, who worked in a proper office, undisturbed by legal authorities, and never lost a patient. But in the illegal era following World War II, Barnett and other practitioners were hounded by police and became targets for politicians; women seeking abortions were forced to turn to syndicates run by racketeers or to use self‑induced methods that often ended in injury or death. This new edition places abortion politics in the context of reproductive justice today. Despite the change in women's status since Barnett's time, key cultural and political meanings of abortion have endured. Opponents of Roe v. Wade continue their efforts to recriminalize abortion and reestablish an inexorable relationship between biology and destiny. The Abortionist is an instructive reminder that legal abortion facilitated women's status as full members of society. Barnett's story clarifies the relationship of legal abortion to human dignity and shows why preserving and extending Roe v. Wade ensures women's freedom to decide for themselves what is best for their health.
Call Number: HQ767.5.U5 S7326 2019ISBN: 9780520322820Publication Date: 2019-10-01
Practice of Law
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American Law Firms
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American Law Firms: Trends, Threats and Strategies takes a sweeping, incisive view of law firms' uneven progress after the Great Recession and analyzes the five elements that will determine their success or failure in the next decade: culture, character, practices, systems and leaders.
Call Number: KF300 .K57 2019ISBN: 9781641053853Publication Date: 2019-08-09 -
Handbook on Good Treaty Practice
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This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
Call Number: K3342 .B37 2020ISBN: 9781107111905Publication Date: 2020-03-12
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Judicial ethics and discipline : a legal research guide
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Legal ethics is usually seen as ethics dealing with attorney practice, but there has been a significant increase in looking at judicial conduct throughout the country. The American Bar Association has created a Model Code of Judicial Conduct (1990, 2007) that has been adopted by all fifty states and been a significant contribution to how judges approach their positions. Over the past three decades, state judicial commissions/committees have reviewed thousands of cases dealing with judicial misconduct and discipline of judges.
This comprehensive bibliography of judicial ethics and discipline covers federal and state topics. It brings together basic primary sources (constitutions, statutes, regulations, and cases); links to federal and state courts, commissions, and committees dealing with judicial conduct; and major secondary sources like encyclopedias, periodicals, American Law Reports, practice books, treatises, and Internet resources (websites and blogs).
Call Number: KF8779.A1 F57 2020ISBN: 9780837741246Publication Date: 2020 -
Law and the Relational Self
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This book promotes a relational understanding of the self. It explores how law can be transformed by focusing on the promotion and protection of caring relationships, rather than individual rights. This offers a radical and profound re-imagining of what law is about and what it should be trying to do. It moves from the theoretical into offering practical examples of how the law could be developed to enhance relationships, rather than undermine them.
Call Number: K231 .H49 2020ISBN: 9781108425131Publication Date: 2019-11-21
Other Subject Areas
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Adversarial Legalism
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In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial?likely to rely on legal threats and lawsuits?than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. ?This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.? ?Lawrence Friedman, Stanford University ?A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.? ?Charles R. Epp, Law and Society Review
Call Number: KF384 .K34 2019ISBN: 9780674238367Publication Date: 2019-10-08 -
Think Like a Rocket Scientist
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* One of Inc.com's "6 Books You Need to Read in 2020 (According to Bill Gates, Satya Nadella, and Adam Grant)" * Adam Grant's # 1 pick of his top 20 books of 2020 * One of 6 Groundbreaking Books of Spring 2020 (according to Malcolm Gladwell, Susan Cain, Dan Pink, and Adam Grant). A former rocket scientist reveals the habits, ideas, and strategies that will empower you to turn the seemingly impossible into the possible. Rocket science is often celebrated as the ultimate triumph of technology. But it's not. Rather, it's the apex of a certain thought process -- a way to imagine the unimaginable and solve the unsolvable. It's the same thought process that enabled Neil Armstrong to take his giant leap for mankind, that allows spacecraft to travel millions of miles through outer space and land on a precise spot, and that brings us closer to colonizing other planets. Fortunately, you don't have to be a rocket scientist to think like one. In this accessible and practical book, Ozan Varol reveals nine simple strategies from rocket science that you can use to make your own giant leaps in work and life -- whether it's landing your dream job, accelerating your business, learning a new skill, or creating the next breakthrough product. Today, thinking like a rocket scientist is a necessity. We all encounter complex and unfamiliar problems in our lives. Those who can tackle these problems -- without clear guidelines and with the clock ticking -- enjoy an extraordinary advantage. Think Like a Rocket Scientist will inspire you to take your own moonshot and enable you to achieve liftoff.
Call Number: HD53 .V37 2020ISBN: 9781541762596Publication Date: 2020-04-14
