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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Administrative Competence
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This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.
Call Number: KF5402 .F57 2020ISBN: 9781108836104Publication Date: 2020-10-15
Animal Law
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Animal City
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Why do America's cities look the way they do? If we want to know the answer, we should start by looking at our relationship with animals. Americans once lived alongside animals. They raised them, worked them, ate them, and lived off their products. This was true not just in rural areas but also in cities, which were crowded with livestock and beasts of burden. But as urban areas grew in the nineteenth century, these relationships changed. Slaughterhouses, dairies, and hog ranches receded into suburbs and hinterlands. Milk and meat increasingly came from stores, while the family cow and pig gave way to the household pet. This great shift, Andrew Robichaud reveals, transformed people's relationships with animals and nature and radically altered ideas about what it means to be human. As Animal City illustrates, these transformations in human and animal lives were not inevitable results of population growth but rather followed decades of social and political struggles. City officials sought to control urban animal populations and developed sweeping regulatory powers that ushered in new forms of urban life. Societies for the Prevention of Cruelty to Animals worked to enhance certain animals' moral standing in law and culture, in turn inspiring new child welfare laws and spurring other wide-ranging reforms. The animal city is still with us today. The urban landscapes we inhabit are products of the transformations of the nineteenth century. From urban development to environmental inequality, our cities still bear the scars of the domestication of urban America.
Call Number: QL85 .R63 2019ISBN: 9780674919365Publication Date: 2019-12-17 -
Animal Labour
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Is animal labour inherently oppressive, or can work be a source of meaning, solidarity, and social membership for animals? This challenging question drives this thought-provoking collection which explores the possibilities and complexities of animal labour as a site for interspecies justice.The book assembles an international and interdisciplinary group of scholars who carefully grapple with the many facets, implications, and entanglements of animal labour, and who, crucially, place animals at the heart of their analyses. Can animals engage in good work and have humane jobs? What kindsof labour rights are appropriate for animal workers? Can animals consent to work? Would recognizing animals as workers improve their legal and political status, or simply reinforce the perception that they are beasts of burden? Can a focus on labour help to create or deepen bonds between animaladvocates and other social justice movements? While the authors present a range of views on these questions, their contributions make clear that labour must be taken seriously by everyone interested in more just and ethical multispecies futures.
Call Number: K3620 .A95 2020ISBN: 9780198846192Publication Date: 2020-02-12 -
Piecemeal Protest
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Given their tendency to splinter over tactics and goals, social movements are rarely unified. Following the modern Western animal rights movement over thirty years, Corey Lee Wrennapplies the sociological theory of Bourdieu, Goffman, Weber, and contemporary social movement researchers to examine structural conditions in the animal rights movement, facilitating factionalism in today's era of professionalized advocacy. Modern social movements are dominated by bureaucratically oriented nonprofits, a special arrangement that creates tension between activists and movement elites who compete for success in a corporate political arena. Piecemeal Protest examines the impact of nonprofitization on factionalism and a movement's ability to mobilize, resonate, and succeed. Wrenn'sexhaustive analysis of archival movement literature and exclusive interviews with movement leaders illustrate how entities with greater symbolic capital are positioned to monopolize claims-making, disempower competitors, and replicate hegemonic power, eroding democratic access to dialogue and decision-making essential for movement health. Piecemeal Protest examines social movement behavior shaped by capitalist ideologies and state interests. As power concentrates to the disadvantage of marginalized factions in the modern social movement arena, Piecemeal Protest shines light on processes of factionalism and considers how, in the age of nonprofits, intra-movement inequality could stifle social progress.
Call Number: HV4764 .W74 2019ISBN: 9780472131679Publication Date: 2019-12-16 -
The Slaughter of Farmed Animals
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This book provides both evidence-based scientific studies and practical guidance to enhance the welfare of cattle, pigs, sheep and poultry at slaughter. Temple Grandin and Michael Cockram have brought together a range of international experts to prepare chapters on philosophical and ethical views on the slaughter of farmed animals. These include welfare issues and their assessment, the condition of animals on arrival and their management during lairage, animal handling, methods of humane slaughter and assessment of unconsciousness. The book boldly tackles controversial issues around the compromises necessary when balancing animal welfare concerns with commercial realities, as well as religious slaughter. Chapters cover methods of stunning, pre-slaughter handling, equipment design, monitoring welfare with abattoir data and auditing methods. It is an important publication for those involved in implementing improvements in the humane slaughter of farmed animals and is recommended for veterinarians, students, abattoir managers and government regulators.
Call Number: HV4757 .S53 2020ISBN: 9781789240573Publication Date: 2020-06-12 -
Tongue-tied : breaking the language barrier to animal liberation
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Words not only define our reality, they reveal and direct our attitudes toward that reality. This feature of language is especially problematic when it comes to our treatment of animals. In this supple, thoughtful, and closely argued work, Vietnamese-American scholar Hanh Nguyen examines the words we use in English and other languages to justify our abuse of other-than-human world. Reframing our metaphors, categories, and descriptions of animals we love, hate, and eat allows us to break long-standing habits and see our obligations and connections to non-human animals more clearly.
Call Number: P120.S54 N58 2019ISBN: 9781590565940Publication Date: 2019-10-02 -
What about the wild animals? Wild animal species in community forestry in the tropics
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Community forestry aims to assist local people to improve their livelihoods by successfully managing their natural resources, particularly trees and forests, through forestry-related projects. Wildlife plays an important role in the lives of many of the people targeted by these projects. This document does not seek to make foresters or extensionists experts on wildlife. Rather, it seeks to raise issues and expand professional thinking on benefits from learning more about wildlife from local people. The study therefore tries to: (1) provide a framework for community forestry professionals to consider ways to integrate wild animal species into projects they manage or are proposing; (2) document ways in which humans interact with wild animal species in tropical settings; (3) provide a review of ways in which humans have managed animal species; and (4) propose ways that wild animal species could be successfully integrated into community forestry projects in the tropics.
Call Number: ebookPublication Date: 1995 -
Why we love and exploit animals : bridging insights from academia and advocacy
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This unique book brings together research and theorizing on human-animal relations, animal advocacy, and the factors underlying exploitative attitudes and behaviors towards animals. Why do we both love and exploit animals? Assembling some of the world's leading academics and with insights and experiences gleaned from those on the front lines of animal advocacy, this pioneering collection breaks new ground, synthesizing scientific perspectives and empirical findings. The authors show the complexities and paradoxes in human-animal relations and reveal the factors shaping compassionate versus exploitative attitudes and behaviors towards animals. Exploring topical issues such as meat consumption, intensive farming, speciesism, and effective animal advocacy, this book demonstrates how we both value and devalue animals, how we can address animal suffering, and how our thinking about animals is connected to our thinking about human intergroup relations and the dehumanization of human groups. This is essential reading for students, scholars, and professionals in the social and behavioral sciences interested in human-animal relations, and will also strongly appeal to members of animal rights organizations, animal rights advocates, policy makers, and charity workers.
Call Number: QL85 .W48 2020ISBN: 9780815396659Publication Date: 2019-12-12
Business, Investment, and Tax Law
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Corporate Personhood
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The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.
Call Number: KF1384 .R57 2019ISBN: 9781108403924Publication Date: 2019-08-08 -
Shareholder-Driven Corporate Governance
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How effectively can governing mechanisms forged before the surge of activist investment continue to protect shareholders and efficiently order capital markets? This is a pressing question for scholars and practitioners of corporate law, as well as for market participants generally. In order to illuminate the extent to which the growing trend of shareholder activism calls for a new understanding of the kind of shareholder-corporate relations the law should facilitate, this book introduces the concept of shareholder-driven corporate governance. This concept refers to the evident phenomenon of shareholder involvement in corporate governance and offers a normative endorsement of this development. In order to secure the benefits of investors' increasing involvement in corporate affairs, regulatory regimes must grapple with a number of considerations. This book is based on the idea that shareholder corporate governance is a welcome development, but that it does not come without regulatory challenges. For one, it requires rejecting the idea that well-ordered capital markets can be achieved through corporate law which is subservient to private ordering. The mandatory character of, for example, securities regulation is vital to fostering shareholder involvement in corporate affairs. Defenders of shareholder corporate governance must also confront the matter of "wolf packs," or loosely formed bands of investors who defy existing regulatory categories but nonetheless exert collective influence. Regulation that is sensitive to both the inadequacies of past approaches to corporate-shareholder relations and the novel challenges posed by increasing shareholder activism will be able to harness activism, allowing capital markets to flourish.
Call Number: K1327 .A95 2020ISBN: 9780190096533Publication Date: 2020-01-02 -
Garner's Guidelines for Drafting and Editing Contracts
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Bryan A. Garner, the editor in chief of Black's Law Dictionary, has long been the standard bearer not only for contract drafting but also for legislative drafting, rule drafting, brief-writing, and legal writing generally. With Garner's Guidelines for Drafting and Editing Contracts, Garner draws on more than 30 years of experience in teaching contract drafting and consulting on contracts with companies throughout the English-speaking world. Its 150 sections explain, in blackletter principles, how to prepare contracts that are both precise and readable. The richly illustrated text is easy to follow, and Garner's improvements on old-style drafting are immediately apparent. Never before has the field of contract drafting been so lucidly, elegantly, and thoroughly explained. And never before has a book on contracts been so interesting to read. Advance Praisefor Garner's Guidelines for Drafting and Editing Contracts
Call Number: KF250 .G3724 2019ISBN: 9781642426694Publication Date: 2019-05-09
Cannabis Law
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Regulating Cannabis
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This book explores one of the most pressing public policy questions for the 2020s: how should we regulate cannabis? The global cannabis prohibition regime is fragmenting as more countries experiment with decriminalization and legalization, and this book aims to make sense of this rapidly changing world. The 'cannabis challenge' is complex. How do we balance creating a potentially lucrative legal cannabis industry with protecting public health? How do we hardwire social and racial justice into our reform initiatives? How do we build a cannabis trade that is environmentally sustainable? The book seeks to make sense of our present through a state-of-the-art global review of cannabis law reform initiatives - mapping what has been done, where, and with what impacts. It attempts to generate new ideas for the future of cannabis regulation by viewing it through the lens of business regulation and learning lessons from how other consumer products are regulated.
Call Number: KF3891.M2 S43 2020ISBN: 9783030529260Publication Date: 2020-09-04
Civil Rights and Constitutional Law
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Abortion under State Constitutions
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This book remains the only comprehensive treatment of abortion as a state constitutional right. Since the second edition was published, state challenges to abortion regulations have been considered by multiple state supreme courts, one state amended its constitution to make it "abortion neutral," and three states repealed their pre-Roe v. Wade abortion statutes. In addition to evaluating these developments, this edition discusses case law and statutory changes in other states that may bear on whether a state supreme court would recognize a right to abortion. This edition also includes an appendix of the constitutional provisions cited and a topical index.
Call Number: KF3771 .L56 2020ISBN: 9781611636840Publication Date: 2020-01-16 -
The Antebellum Origins of the Modern Constitution
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This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Call Number: KF4541 .G548 2021ISBN: 9781108496124Publication Date: 2020-10-29 -
Bathroom Battlegrounds
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Today's debates about transgender inclusion and public restrooms may seem unmistakably contemporary, but they have a surprisingly long and storied history in the United States--one that concerns more than mere "potty politics." Alexander K. Davis takes readers behind the scenes of two hundred years' worth of conflicts over the existence, separation, and equity of gendered public restrooms, documenting at each step how bathrooms have been entangled with bigger cultural matters: the importance of the public good, the reach of institutional inclusion, the nature of gender difference, and, above all, the myriad privileges of social status. Chronicling the debut of nineteenth-century "comfort stations," twentieth-century mandates requiring equal-but-separate men's and women's rooms, and twenty-first-century uproar over laws like North Carolina's "bathroom bill," Davis reveals how public restrooms are far from marginal or unimportant social spaces. Instead, they are--and always have been--consequential sites in which ideology, institutions, and inequality collide.
Call Number: HQ1075 .D385 2020ISBN: 9780520300149Publication Date: 2020-01-28 -
Birth Rights and Wrongs
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Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen. Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights. This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Call Number: KF3760 .F69 2019ISBN: 9780190675721Publication Date: 2019-07-05 -
The Cambridge Companion to the First Amendment and Religious Liberty
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This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.
Call Number: KF4783 .C36 2020ISBN: 9781108405294Publication Date: 2020-01-09 -
Citizenship
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The story of citizenship as a tale not of liberation, dignity, and nationhood but of complacency, hypocrisy, and domination.The glorification of citizenship is a given in today's world, part of a civic narrative that invokes liberation, dignity, and nationhood. In reality, explains Dimitry Kochenov, citizenship is a story of complacency, hypocrisy, and domination, flattering to citizens and demeaning for noncitizens. In this volume in the MIT Press Essential Knowledge series, Kochenov explains the state of citizenship in the modern world. Kochenov offers a critical introduction to a subject most often regarded uncritically, describing what citizenship is, what it entails, how it came about, and how its role in the world has been changing. He examines four key elements of the concept- status, considering how and why the status of citizenship is extended, what function it serves, and who is left behind; rights, particularly the right to live and work in a state; duties, and what it means to be a "good citizen"; and politics, as enacted in the granting and enjoyment of citizenship. Citizenship promises to apply the attractive ideas of dignity, equality, and human worth-but to strictly separated groups of individuals. Those outside the separation aren't citizens as currently understood, and they do not belong. Citizenship, Kochenov warns, is too often a legal tool that justifies violence, humiliation, and exclusion.
Call Number: JF801 .K64 2019ISBN: 9780262537797Publication Date: 2019-11-12 -
Corporate Personhood
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The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.
Call Number: KF1384 .R57 2019ISBN: 9781108403924Publication Date: 2019-08-08
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Getting By
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Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.
Call Number: KF3720 .H47 2020ISBN: 9780199938513Publication Date: 2019-11-26 -
Living Apart Together
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Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and "doing family"--living apart together (LAT)--in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics--women, gay men, and the elderly--and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
Call Number: KF510 .B69 2020ISBN: 9781479891047Publication Date: 2020-12-29 -
Obstacle Course
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It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations. Based on patients' stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way--treating abortion like any other form of health care--but the United States is a long way from that ideal.
Call Number: HQ767.U6 C65 2020ISBN: 9780520306646Publication Date: 2020-02-18 -
Perfecting the union : national and state authority in the US Constitution by Habitually interpreted as the fundamental law of the American republic, the US Constitution was in fact designed as an instrument of union between thirteen American republics and as a form of government for their common central government. It offered an organizational solution to the security concerns of the newly independent American states. Confederation was an established means for weak states to maintain their independence by joining in union to manage relations with the outside world from a position of strength. Confederation also transformed the immediate international environment by turning neighboring states from potential enemies into sister states in a common union or peace pact. The US Constitution profoundly altered the structure of the American union and made the federal government more effective than under the defunct Articles of Confederation. But it did not transform the fundamental purpose of the federal union, which remained the management of relations between the American states, on the one hand, and between the American states and foreign powers, on the other hand. As had been the case under the articles, the states regulated the social, economic, and civic life of their citizens and inhabitants with only limited supervision and control from the federal government. Interpreting the Constitution as an instrument of union has important implications for our understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by that of state constitutions and legislation.
Call Number: ebookISBN: 9780197534724Publication Date: 2021 -
Policing the Womb
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Policing the Womb brings to life the chilling ways in which women have become the targets of secretive state surveillance of their pregnancies. Michele Goodwin expands the reproductive health and rights debate beyond abortion to include how legislators increasingly turn to criminalizing women for miscarriages, stillbirths, and threatening the health of their pregnancies. The horrific results include women giving birth while shackled in leg irons, in solitary confinement, and even delivering in prison toilets. In some states, pregnancy has become a bargaining chip with prosecutors offering reduced sentences in exchange for women agreeing to be sterilized. The author shows how prosecutors may abuse laws and infringe women's rights in the process, sometimes with the complicity of medical providers who disclose private patient information to law enforcement. Often the women most affected are poor and of color. This timely book brings to light how the unrestrained efforts to punish and police women's bodies have led to the United States being the deadliest country in the developed world to be pregnant.
Call Number: HQ766.5.U5 G65 2020ISBN: 9781107030176Publication Date: 2020-03-12 -
The President and the Supreme Court
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When presidents take positions on pending Supreme Court cases or criticize the Court's decisions, they are susceptible to being attacked for acting as bullies and violating the norm of judicial independence. Why then do presidents target Supreme Court decisions in their public appeals? In this book, Paul M. Collins, Jr and Matthew Eshbaugh-Soha argue that presidents discuss the Court's decisions to demonstrate their responsiveness to important matters of public policy and to steer the implementation of the Court's decisions. Using data from Washington to Trump, they show that, far from being bullies, presidents discuss cases to promote their re-election, policy goals, and historical legacies, while attempting to affect the impact of Court decisions on the bureaucracy, Congress, the media, and the public.
Call Number: KF5053 .C65 2019ISBN: 9781108723893Publication Date: 2020-01-09 -
Shortlisted
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Best Book of 2020, National Law Journal - The inspiring and previously untold history of the women considered--but not selected--for the US Supreme Court In 1981, Sandra Day O'Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women--a cohort large enough to seat the entire Supreme Court--who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.
Call Number: KF8744 .J44 2020ISBN: 9781479895915Publication Date: 2020-05-12 -
To Save the Country
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A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln's law of war expert Francis Lieber was long considered lost--until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber's manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln's most famous uses of emergency powers during the Civil War. Lieber's work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers' treatise addresses a vital question, as prominent since 9/11 as it was in Lieber's lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Call Number: KF5060 .L54 2019ISBN: 9780300222548Publication Date: 2019-07-23 -
The US Constitution of 1791 and the Fugitive Slave Clause
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The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Call Number: KF4545.S5 C65 2020ISBN: 9781789760422Publication Date: 2020-02-01 -
We are not slaves : state violence, coerced labor, and prisoners' rights in postwar America
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In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Robert T. Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as "slaves of the state" and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.
Call Number: HV9475.T4 C65 2020ISBN: 9781469653570Publication Date: 2020-01-13 -
When at Times the Mob Is Swayed
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On November 9, 2016, many Americans feared that their democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of the US government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that its unprecedented sets of constitutional protections, all endorsed by both major parties, stand between America and an authoritarian federal regime fronted by Donald Trump.
Call Number: KF4552 .N48 2019ISBN: 9781620973585Publication Date: 2019-08-06
Criminal Law and Procedure
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The Beauty Defense
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Justice is blind, they say, but perhaps not to beauty. In supposedly dispassionate courts of law, attractive women have long avoided punishment, based largely on their looks, for cold-blooded crimes. The Beauty Defense: Femmes Fatales on Trial gathers the true stories of some of the most infamous femmes fatales in criminal history, collected by attorney and true crime historian Laura James. With cases from 1850 to 1997, these 32 examples span more than a century, across cultures, ethnicities, and socioeconomic status. But all were so beautiful, as James demonstrates, that they got away with murder. When Madeline Smith, a Glasgow socialite, tried to end a relationship with one man to date another, her jilted lover proved difficult to shake. She solved the problem, James writes, with arsenic-laced chocolates. And in Warrenton, Virginia, mild-mannered heiress Susan Cummings gunned down her polo-playing boyfriend, Roberto, following a disagreement. While these two women lived in different centuries and on different continents, both of their lawyers argued that they were too beautiful to be killers. And in both cases, the juries bought it. In telling the stories of Madeline Smith and Susan Cummings--and 30 others--James proves the existence of the so-called Beauty Defense and shines a spotlight on how gender bias has actually benefited femmes fatales and affected legal systems across the world.
Call Number: K543.M8 J36 2020ISBN: 9781606353943Publication Date: 2020-02-25 -
Furious Hours
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Reverend Willie Maxwell was a rural preacher accused of murdering five of his family members for insurance money in the 1970s. With the help of a savvy lawyer, he escaped justice for years until a relative shot him dead at the funeral of his last victim. Despite hundreds of witnesses, Maxwell's murderer was acquitted--thanks to the same attorney who had previously defended the Reverend. Sitting in the audience during the vigilante's trial was Harper Lee, who had traveled from New York City to her native Alabama with the idea of writing her own In Cold Blood, the true-crime classic she had helped her friend Truman Capote research seventeen years earlier. Lee spent a year in town reporting, and many more years working on her own version of the case. Now Casey Cep brings this story to life, from the shocking murders to the courtroom drama to the racial politics of the Deep South. At the same time, she offers a deeply moving portrait of one of the country's most beloved writers and her struggle with fame, success, and the mystery of artistic creativity.
Call Number: HV6533.A2 C47 2019ISBN: 9781101947869Publication Date: 2019-05-07 -
Guilty People
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Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? Smith's answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation's jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people--every single one of us.
Call Number: KF9223 .S547 2020ISBN: 9781978803398Publication Date: 2020-01-17 -
Red Zones
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In Red Zones, Marie-Eve Sylvestre, Nicholas Blomley, and Céline Bellot examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations - the homeless, drug users, sex workers and protesters - who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment.
Call Number: K5001 .S95 2019ISBN: 9781107184237Publication Date: 2020-01-02 -
Usual cruelty : the complicity of lawyers in the criminal injustice system
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Alec Karakatsanis does not believe there should be two different justice systems for the rich and for the poor. And he certainly doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings. Usual Cruelty is a profoundly radical reconsideration of the American 'injustice system' by someone who is actively, wildly successfully, challenging it.
Call Number: KF9223 .K37 2019ISBN: 9781620975275Publication Date: 2019-10-29 -
Victim Participation Rights
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This book traces victims' active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.
Call Number: K5572 .B73 2019ISBN: 9783030045456Publication Date: 2019-02-25 -
Women As War Criminals
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Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals--and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavsić), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.
Call Number: KZ1168.5 .S74 2020ISBN: 9781503613430Publication Date: 2020-09-08
Diversity, Equity, and Inclusion
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Bathroom Battlegrounds
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Today's debates about transgender inclusion and public restrooms may seem unmistakably contemporary, but they have a surprisingly long and storied history in the United States--one that concerns more than mere "potty politics." Alexander K. Davis takes readers behind the scenes of two hundred years' worth of conflicts over the existence, separation, and equity of gendered public restrooms, documenting at each step how bathrooms have been entangled with bigger cultural matters: the importance of the public good, the reach of institutional inclusion, the nature of gender difference, and, above all, the myriad privileges of social status. Chronicling the debut of nineteenth-century "comfort stations," twentieth-century mandates requiring equal-but-separate men's and women's rooms, and twenty-first-century uproar over laws like North Carolina's "bathroom bill," Davis reveals how public restrooms are far from marginal or unimportant social spaces. Instead, they are--and always have been--consequential sites in which ideology, institutions, and inequality collide.
Call Number: HQ1075 .D385 2020ISBN: 9780520300149Publication Date: 2020-01-28
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Confronting racism : integrating mental health research into legal strategies and reforms
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This book proposes a comprehensive approach to confronting racism through a foundational framework as well as practical strategies to correct and reverse the course of the past and catalyze the stalled efforts of the present. It will do so by focusing on those specific aspects of law and legal theory that intersect with psychological research and practice. In Part I, the historical and current underpinnings of racial injustice and the obstacles to combating racism are introduced. Part II examines the documented psychological and emotional effects of racism, including race-based traumatic stress. In Part III, the authors analyze the application of forensic mental health assessment in addressing race-related experiences and present a legal and policy framework for reforming institutional and organizational policies. Finally, in part IV the authors advocate for a close, collaborative approach among legal and mental health professionals and their clients to seek redress for racial discrimination. Confronting Racism provides a framework for legal, mental health, and other related social science professionals and leaders to acknowledge and act on the harmful aspects of our societal systems.
Call Number: BF76.45 .C37 2020ISBN: 9781138553439Publication Date: 2019-11-19 -
Policing the Womb
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Policing the Womb brings to life the chilling ways in which women have become the targets of secretive state surveillance of their pregnancies. Michele Goodwin expands the reproductive health and rights debate beyond abortion to include how legislators increasingly turn to criminalizing women for miscarriages, stillbirths, and threatening the health of their pregnancies. The horrific results include women giving birth while shackled in leg irons, in solitary confinement, and even delivering in prison toilets. In some states, pregnancy has become a bargaining chip with prosecutors offering reduced sentences in exchange for women agreeing to be sterilized. The author shows how prosecutors may abuse laws and infringe women's rights in the process, sometimes with the complicity of medical providers who disclose private patient information to law enforcement. Often the women most affected are poor and of color. This timely book brings to light how the unrestrained efforts to punish and police women's bodies have led to the United States being the deadliest country in the developed world to be pregnant.
Call Number: HQ766.5.U5 G65 2020ISBN: 9781107030176Publication Date: 2020-03-12
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A Question of Freedom
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For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital.
Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Call Number: E441 .T487 2020ISBN: 9780300234121Publication Date: 2020-11-24 -
We are not slaves : state violence, coerced labor, and prisoners' rights in postwar America
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In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Robert T. Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as "slaves of the state" and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.
Call Number: HV9475.T4 C65 2020ISBN: 9781469653570Publication Date: 2020-01-13
Employment and Labor Law
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Getting By
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Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.
Call Number: KF3720 .H47 2020ISBN: 9780199938513Publication Date: 2019-11-26
Environmental, Energy, and Natural Resources Law
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Comparative and global environmental law and policy
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Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Call Number: Environment K3585 .Y366 2020ISBN: 9780735577299Publication Date: 2019-09-12 -
International law and transboundary aquifers by Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.
Call Number: ebookISBN: 9781788117630Publication Date: 2020 -
Stringfellow Acid Pits
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Stringfellow Acid Pits tells the story of one of the most toxic places in the United States, and of an epic legal battle waged to clean up the site and hold those responsible accountable. In 1955, California officials approached rock quarry owner James Stringfellow about using his land in Riverside County, east of Los Angeles, as a hazardous dump site. Officials claimed it was a natural waste disposal site because of the impermeable rocks that underlay the surface. They were gravely mistaken. Over 33 million gallons of industrial chemicals from more than a dozen of the nation's most prominent companies poured into the site's unlined ponds. In the 1960s and 1970s, heavy rains forced surges of chemical-laden water into Pyrite Creek and the nearby town of Glen Avon. Children played in the froth, making fake beards with the chemical foam. The liquid waste contaminated the groundwater, threatening the drinking water for hundreds of thousands of California residents. Penny Newman, a special education teacher and mother, led a grassroots army of so-called "hysterical housewives" who demanded answers and fought to clean up the toxic dump. The ensuing three-decade legal saga involved more than 1,000 lawyers, 4,000 plaintiffs, and nearly 200 defendants, and led to the longest civil trial in California history. The author unveils the environmental and legal history surrounding the Stringfellow Acid Pits through meticulous research based on personal interviews, court records, and EPA and other documents. The contamination at the Stringfellow site will linger for hundreds of years. The legal fight has had an equally indelible influence, shaping environmental law, toxic torts, appellate procedure, takings law, and insurance coverage, into the present day. Book jacket.
Call Number: KF228.S77 C73 2020ISBN: 9780472054411Publication Date: 2020-02-18 -
What about the wild animals? Wild animal species in community forestry in the tropics
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Community forestry aims to assist local people to improve their livelihoods by successfully managing their natural resources, particularly trees and forests, through forestry-related projects. Wildlife plays an important role in the lives of many of the people targeted by these projects. This document does not seek to make foresters or extensionists experts on wildlife. Rather, it seeks to raise issues and expand professional thinking on benefits from learning more about wildlife from local people. The study therefore tries to: (1) provide a framework for community forestry professionals to consider ways to integrate wild animal species into projects they manage or are proposing; (2) document ways in which humans interact with wild animal species in tropical settings; (3) provide a review of ways in which humans have managed animal species; and (4) propose ways that wild animal species could be successfully integrated into community forestry projects in the tropics.
Call Number: ebookPublication Date: 1995
Family Law
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Living Apart Together
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Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and "doing family"--living apart together (LAT)--in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics--women, gay men, and the elderly--and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
Call Number: KF510 .B69 2020ISBN: 9781479891047Publication Date: 2020-12-29
Immigration Law
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Baby Jails
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"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University's asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.
Call Number: JV6483 .S37 2020ISBN: 9780520299313Publication Date: 2020-01-21 -
Statelessness
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The story of how a much-contested legal category?statelessness?transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg's innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
Call Number: K7128.S7 S54 2020ISBN: 9780674976313Publication Date: 2020-10-06
Indigenous Law
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Indigenous Peoples and International Trade
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The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.
Call Number: ebookISBN: 9781108675321Publication Date: 2020-06-11 -
Reading American Indian Law
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The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.
Call Number: KF8205 .R43 2020ISBN: 9781108726481Publication Date: 2019-12-12
Innovation, Technology, & the Law
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AI for Lawyers
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Discover how artificial intelligence can improve how your organization practices law with this compelling resource from the creators of one of the world's leading legal AI platforms. AI for Lawyers: How Artificial Intelligence is Adding Value, Amplifying Expertise, and Transforming Careers explains how artificial intelligence can be used to revolutionize your organization's operations. Noah Waisberg and Dr. Alexander Hudek, a lawyer and a computer science Ph.D. who lead prominent legal AI business Kira Systems, have written an approachable and insightful book that will help you transform how your firm functions. AI for Lawyers explains how artificial intelligence can help your law firm: Win more business and find more clients Better meet and exceed client expectations Find hidden efficiencies Better manage and eliminate risk Increase associate and partner engagement Whether focusing on small or big law, AI for Lawyers is perfect for any lawyer who either feels uneasy about how AI might change law or is looking to capitalize on the evolving practice. With contributions from experts in the fields of e-Discovery, legal research, expert systems, and litigation analytics, it also belongs on the bookshelf of anyone who's interested in the intersection of law and technology.
Call Number: ebookISBN: 9781119723882Publication Date: 2021-01-12 -
Birth Rights and Wrongs
by
Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen. Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights. This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Call Number: KF3760 .F69 2019ISBN: 9780190675721Publication Date: 2019-07-05
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Imposing Regulation on Advanced Algorithms
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This book discusses the necessity and perhaps urgency for the regulation of algorithms on which new technologies rely; technologies that have the potential to re-shape human societies. From commerce and farming to medical care and education, it is difficult to find any aspect of our lives that will not be affected by these emerging technologies. At the same time, artificial intelligence, deep learning, machine learning, cognitive computing, blockchain, virtual reality and augmented reality, belong to the fields most likely to affect law and, in particular, administrative law. The book examines universally applicable patterns in administrative decisions and judicial rulings. First, similarities and divergence in behavior among the different cases are identified by analyzing parameters ranging from geographical location and administrative decisions to judicial reasoning and legal basis. As it turns out, in several of the cases presented, sources of general law, such as competition or labor law, are invoked as a legal basis, due to the lack of current specialized legislation. This book also investigates the role and significance of national and indeed supranational regulatory bodies for advanced algorithms and considers ENISA, an EU agency that focuses on network and information security, as an interesting candidate for a European regulator of advanced algorithms. Lastly, it discusses the involvement of representative institutions in algorithmic regulation.
Call Number: K564.C6 F55 2019ISBN: 9783030279783Publication Date: 2019-09-18 -
Online Courts and the Future of Justice
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In Online Courts and the Future of Justice, Richard Susskind, the world's most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
Call Number: K2100 .S87 2019ISBN: 9780198838364Publication Date: 2019-12-14 -
When Autonomous Vehicles Are Hacked, Who Is Liable?
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Who might face civil liability if autonomous vehicles (AVs) are hacked to steal data or inflict mayhem, injuries, and damage? How will the civil justice and insurance systems adjust to handle such claims? RAND researchers addressed these questions to help those in the automotive, technology, legal, and insurance industries prepare for the shifting roles and responsibilities that the era of AVs may bring.
Call Number: K4034.A98 W56 2019ISBN: 9781977403230Publication Date: 2019-09-30
Intellectual Property Law
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Adventures of a Jazz Age Lawyer
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Adventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the coming of age of the institutions, archetypes, and attitudes that define American popular culture. With a client list that included Charlie Chaplin, Al Jolson, Frank Costello, Victor Herbert, Mae West, Gloria Morgan Vanderbilt, Arnold Rothstein, and Samuel Goldwyn, Burkan was "New York's Spotlight Lawyer" for more than three decades. He was one of the principal authors of the epochal Copyright Act of 1909 and the guiding spirit behind the American Society of Composers, Authors, and Publishers (Ascap), which provided the first practical means for songwriters to collect royalties for public performances of their works, revolutionizing the music business and the sound of popular music. While the entertainment world adapted to the disruptive technologies of recorded sound, motion pictures, and broadcasting, Burkan's groundbreaking work laid the legal foundation for the Great American Songbook and the Golden Age of Hollywood, and it continues to influence popular culture today. Gary A. Rosen tells stories of dramatic and uproarious courtroom confrontations, scandalous escapades of the rich and famous, and momentous clashes of powerful political, economic, and cultural forces. Out of these conflicts, the United States emerged as the world's leading exporter of creative energy. Adventures of a Jazz Age Lawyer is an engaging look at the life of Nathan Burkan, a captivating history of entertainment and intellectual property law in the early twentieth century, and a rich source of new discoveries for anyone interested in the spirit of the Jazz Age.
Call Number: KF3035 .R63 2020ISBN: 9780520297371Publication Date: 2020-01-15 -
Copy this book! : what data tells us about copyright and the public good
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In Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.
Call Number: KF2994 .H373 2021ISBN: 9781503614307Publication Date: 2020-11-24
International, Foreign, & Human Rights Law
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The Arc of Protection
by
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Call Number: KZ6530 .A445 2019ISBN: 9781503611412Publication Date: 2019-10-01 -
Comparative and global environmental law and policy
by
Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.
Call Number: Environment K3585 .Y366 2020ISBN: 9780735577299Publication Date: 2019-09-12
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Humanitarianism and Human Rights
by
This book explores the fluctuating relationship between human rights and humanitarianism. For most of their lives, human rights and humanitarianism have been distant cousins. Humanitarianism focused on situations in faraway places dealing with large-scale loss of life that demanded urgent attention whilst human rights advanced the cause of individual liberty and equality at home. However, the twentieth century saw the two coming much more directly into dialogue, particularly following the end of the Cold War, as both began working in war zones and post-conflict situations. Leading scholars probe how the shifting meanings of human rights and humanitarianism converge and diverge from a variety of disciplinary perspectives ranging from philosophical inquiries that consider whether and how differences are constructed at the level of ethics, obligations, and duties, to historical inquiries that attempt to locate core differences within and between historical periods, and to practice-oriented perspectives that suggest how differences are created and recreated in response to concrete problems and through different kinds of organised activities with different goals and meanings.
Call Number: JZ6369 .H895 2020ISBN: 9781108819206Publication Date: 2020-10-15 -
Human Rights Commitments of Islamic States
by
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
Call Number: ebookISBN: 9781509919710Publication Date: 2019-05-16 -
Call Number: ebookISBN: 9781788117630Publication Date: 2020
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International Law in the US Legal System
by
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Call Number: KF4581 .B73 2021ISBN: 9780197525616Publication Date: 2020-12-15 -
Sacred Men
by
Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantánamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.
Call Number: KZ1186.G85 C363 2019ISBN: 9781478006343Publication Date: 2019-11-22 -
Statelessness
by
The story of how a much-contested legal category?statelessness?transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg's innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
Call Number: K7128.S7 S54 2020ISBN: 9780674976313Publication Date: 2020-10-06
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Women As War Criminals
by
Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals--and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavsić), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.
Call Number: KZ1168.5 .S74 2020ISBN: 9781503613430Publication Date: 2020-09-08
Legal History
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Adventures of a Jazz Age Lawyer
by
Adventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the coming of age of the institutions, archetypes, and attitudes that define American popular culture. With a client list that included Charlie Chaplin, Al Jolson, Frank Costello, Victor Herbert, Mae West, Gloria Morgan Vanderbilt, Arnold Rothstein, and Samuel Goldwyn, Burkan was "New York's Spotlight Lawyer" for more than three decades. He was one of the principal authors of the epochal Copyright Act of 1909 and the guiding spirit behind the American Society of Composers, Authors, and Publishers (Ascap), which provided the first practical means for songwriters to collect royalties for public performances of their works, revolutionizing the music business and the sound of popular music. While the entertainment world adapted to the disruptive technologies of recorded sound, motion pictures, and broadcasting, Burkan's groundbreaking work laid the legal foundation for the Great American Songbook and the Golden Age of Hollywood, and it continues to influence popular culture today. Gary A. Rosen tells stories of dramatic and uproarious courtroom confrontations, scandalous escapades of the rich and famous, and momentous clashes of powerful political, economic, and cultural forces. Out of these conflicts, the United States emerged as the world's leading exporter of creative energy. Adventures of a Jazz Age Lawyer is an engaging look at the life of Nathan Burkan, a captivating history of entertainment and intellectual property law in the early twentieth century, and a rich source of new discoveries for anyone interested in the spirit of the Jazz Age.
Call Number: KF3035 .R63 2020ISBN: 9780520297371Publication Date: 2020-01-15
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American Contagions
by
A concise history of how American law has shaped--and been shaped by--the experience of contagion, "taking us from the smallpox outbreaks of the colonies to COVID-19. . . . The conclusion [Witt] arrives at is devastating." (Jennifer Szalai, New York Times) "One wishes that, six months ago, every member of Congress and the Trump administration had been forced to read and reckon with the history Witt neatly summarizes. But now in the aftermath of a close, bitterly fought election, let's hope that this book will help America chart its way forward."--Jill Filipovic, Washington Post From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?
Call Number: KF3800 .W58 2020ISBN: 9780300257274Publication Date: 2020-10-27 -
The Antebellum Origins of the Modern Constitution
by
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
Call Number: KF4541 .G548 2021ISBN: 9781108496124Publication Date: 2020-10-29
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Furious Hours
by
Reverend Willie Maxwell was a rural preacher accused of murdering five of his family members for insurance money in the 1970s. With the help of a savvy lawyer, he escaped justice for years until a relative shot him dead at the funeral of his last victim. Despite hundreds of witnesses, Maxwell's murderer was acquitted--thanks to the same attorney who had previously defended the Reverend. Sitting in the audience during the vigilante's trial was Harper Lee, who had traveled from New York City to her native Alabama with the idea of writing her own In Cold Blood, the true-crime classic she had helped her friend Truman Capote research seventeen years earlier. Lee spent a year in town reporting, and many more years working on her own version of the case. Now Casey Cep brings this story to life, from the shocking murders to the courtroom drama to the racial politics of the Deep South. At the same time, she offers a deeply moving portrait of one of the country's most beloved writers and her struggle with fame, success, and the mystery of artistic creativity.
Call Number: HV6533.A2 C47 2019ISBN: 9781101947869Publication Date: 2019-05-07
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A Question of Freedom
by
For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital.
Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Call Number: E441 .T487 2020ISBN: 9780300234121Publication Date: 2020-11-24
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To Save the Country
by
A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln's law of war expert Francis Lieber was long considered lost--until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber's manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln's most famous uses of emergency powers during the Civil War. Lieber's work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers' treatise addresses a vital question, as prominent since 9/11 as it was in Lieber's lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Call Number: KF5060 .L54 2019ISBN: 9780300222548Publication Date: 2019-07-23
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The US Constitution of 1791 and the Fugitive Slave Clause
by
The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Call Number: KF4545.S5 C65 2020ISBN: 9781789760422Publication Date: 2020-02-01
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We are not slaves : state violence, coerced labor, and prisoners' rights in postwar America
by
In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Robert T. Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as "slaves of the state" and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.
Call Number: HV9475.T4 C65 2020ISBN: 9781469653570Publication Date: 2020-01-13
Practice of Law
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BigLaw
by
The Great Recession intensified large law firms' emphasis on financial performance, leading to claims that lawyers in these firms were now guided by business rather than professional values. Based on interviews with more than 250 partners in large firms, Mitt Regan and Lisa H. Rohrer suggest that the reality is much more complex. It is true that large firm hiring, promotion, compensation, and termination policies are more influenced by business considerations than ever before and that firms actively recruit profitable partners from other firms to replace those they regard as unproductive. At the same time, law firm partners continue to seek the non-financial rewards of being members of a distinct profession and are sensitive to whether their firms are committed to providing them. Regan and Rohrer argue that modern firms responding effectively to business demands while credibly affirming the importance of non-financial professional values can create strong cultures that enhance their ability to weather the storms of the modern legal market.
Call Number: KF300 .R44 2021ISBN: 9780226742137Publication Date: 2020-12-22 -
Educating for Well-Being in Law
by
Bringing together the current international body of knowledge on key issues for educating for well-being in law, this book offers comparative perspectives across jurisdictions, and utilises a range of theoretical lenses (including socio-legal, psychological and ethical theories) in analysing well-being and legal education in law. The chapters include innovative and tested research methodologies and strategies for educating for well-being. Asking and answering the question as to whether law is special in terms of producing psychological distress in law students, law teachers and the profession, and bringing together common and opposing perspectives, this book also seeks to highlight excellent practice in promoting a positive professional identity at law school and beyond resulting in an original contribution to knowledge, and new discourses of analysis.
Call Number: K100 .E383 2020ISBN: 9781138477568Publication Date: 2019-07-30 -
Garner's Guidelines for Drafting and Editing Contracts
by
Bryan A. Garner, the editor in chief of Black's Law Dictionary, has long been the standard bearer not only for contract drafting but also for legislative drafting, rule drafting, brief-writing, and legal writing generally. With Garner's Guidelines for Drafting and Editing Contracts, Garner draws on more than 30 years of experience in teaching contract drafting and consulting on contracts with companies throughout the English-speaking world. Its 150 sections explain, in blackletter principles, how to prepare contracts that are both precise and readable. The richly illustrated text is easy to follow, and Garner's improvements on old-style drafting are immediately apparent. Never before has the field of contract drafting been so lucidly, elegantly, and thoroughly explained. And never before has a book on contracts been so interesting to read. Advance Praisefor Garner's Guidelines for Drafting and Editing Contracts
Call Number: KF250 .G3724 2019ISBN: 9781642426694Publication Date: 2019-05-09
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Online Courts and the Future of Justice
by
In Online Courts and the Future of Justice, Richard Susskind, the world's most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem. In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs - 100 million cases in Brazil, 30 million in India. More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights. Online courts provide 'online judging' - the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions. Online courts also use technology to enable courts to deliver more than judicial decisions. These 'extended courts' provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it. A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
Call Number: K2100 .S87 2019ISBN: 9780198838364Publication Date: 2019-12-14
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The plaintiff lawyer's playbook insights and recommendation on how to prepare for success in settling and trying cases
by
Most trial lawyers are in trial only a few weeks each year. They spend the other forty to fifty weeks interviewing clients, preparing for and taking depositions, hiring and consulting experts, and preparing and participating in mediations. The Playbook is about those weeks and tasks. It is a book that gives tips and guidance for what plaintiffs’ lawyers spend most of their time actually doing.
Author Elden Rosenthal is a trial attorney of forty-seven years’ experience whose courtroom successes earned him national recognition and achievement awards from the Oregon Chapter of the American College of Trial Lawyers, the ACLU of Oregon, and the Oregon Trial Lawyers Association.
Rosenthal provides a concise, nuts-and-bolts guide to litigation best practices that will help make you a better lawyer.
Call Number: KF8915 .R674 2019ISBN: 9781941007884Publication Date: 2019-06-18 -
Prison Librarianship Policy and Practice
by
Prisoners are in a grey area regarding library services. Prison libraries violate many tenets of librarianship, with the justification of maintaining order. The field is de-professionalized--many positions are filled by persons without degrees in library science, and corrections administrators often write policy for services. Critics cite the need to implement public library service models despite practical difficulties. This book investigates state, national and international policies on prison libraries, reviews literature on the topic and describes partnerships between prisons and public libraries. Results from a national survey and follow-up interviews are included, providing a full narrative of policy outcomes in U.S. prisons.
Call Number: Z675.P8 C63 2017ISBN: 9781476666334Publication Date: 2016-11-09
Other Subject Areas
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Agape, Justice, and Law
by
In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.
Call Number: K460 .A35 2017ISBN: 9781316626900Publication Date: 2018-12-13 -
American Contagions
by
A concise history of how American law has shaped--and been shaped by--the experience of contagion, "taking us from the smallpox outbreaks of the colonies to COVID-19. . . . The conclusion [Witt] arrives at is devastating." (Jennifer Szalai, New York Times) "One wishes that, six months ago, every member of Congress and the Trump administration had been forced to read and reckon with the history Witt neatly summarizes. But now in the aftermath of a close, bitterly fought election, let's hope that this book will help America chart its way forward."--Jill Filipovic, Washington Post From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?
Call Number: KF3800 .W58 2020ISBN: 9780300257274Publication Date: 2020-10-27
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Destabilized Property
by
The sharing economy challenges contemporary property law. Does the rise of access render our conception of property obsolete? What are the normative and theoretical implications of choosing casual short-term use of property over stable use? What are the relational and social complications of blurring the line between personal and commercial use of property? The book develops a novel conceptualization of property in the age of the sharing economy. It argues that the sharing economy pushes for a mobile and flexible vision of engaging with possessions and, as a result, with other people. Property's role as a source of permanence and a facilitator of stable, long-term relationships is gradually decreasing in importance. The book offers a broad theoretical and normative framework for understanding the changing landscape of property, provides an institutional analysis of the phenomenon, discusses the social, communal, and relational implications of these changes, and offers guidelines for law reform.
Call Number: K720 .K74 2019ISBN: 9781108475273Publication Date: 2019-11-14 -
Fixing Law Schools
by
An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the "resistance" has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they're going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.
Call Number: KF272 .B37 2019ISBN: 9781479866557Publication Date: 2019-12-17 -
Historic Preservation
by
America's cultural heritage is both rich and richly contested. When New Yorkers won their battle to save Grand Central Terminal, they also won the U.S. Supreme Court's decision upholding the constitutionality of historic preservation laws, the "Penn Central" case, in 1978. This landmark ruling is the lodestar that guides campaigns, large and small, to preserve cultural heritage across all local governments in the United States. The stories in this book highlight how the law functions to decide "what" is historic and whether or not to "save" a site with claims for having cultural significance. The authors recount tales about staving off demolition and saving "old" houses, landscapes, churches, tribal indigenous sites, colonial mansions, art deco improvements and "modern" buildings. They pose tough questions for the future of historic preservation, both from the pressures of real estate development and the disruptions of climate change. Stories and Laws makes otherwise complex legal issues readily accessible as it walks readers through the landscape shaped by six decades of struggles to define and safeguard heritage of our "past" for the benefit of the "future."
Call Number: KF4310 .G74 2020ISBN: 9781600425110Publication Date: 2020-05-04 -
The Law of Law School
by
Offers one hundred rules that every first year law student should live by "Dear Law Student: Here's the truth. You belong here." Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don't realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as "Remove the Drama," to studying tricks like "Prepare for Class like an Appellate Argument," topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don't have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.
Call Number: KF272 .F43 2020ISBN: 9781479801626Publication Date: 2020-04-07 -
Nine Steps to Law School Success
by
"Nine Steps to Law School Success is the first scientifically proven study process for success in law school. Synthesized from the study processes of other successful law students, this book provides a straightforward, linear, and chronological study process for students to follow from the beginning of the semester up to their final examination. Students will learn how to complete each step, how each step leads to a deep understanding of course material, and how each step ultimately leads to success in their courses. Students will also learn how to incorporate Nine Steps into their weekly schedules during the semester. This book is not soaked in academic opinion or war stories of hardened practitioners. Instead, it is the purest form of the collective successful study process as articulated straight from the mouths of other successful law students. Since Nine Steps is the result of a qualitative phenomenological study, it also serves as a template for anyone interested in conducting their own qualitative research in legal education and beyond"--
Call Number: KF272 .B53 2021ISBN: 9781531000370Publication Date: 2020-12-28
