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.
Civil Rights and Constitutional Law
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Before Bostock: The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins
by
On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6 to 3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent, but well-developed, shift in federal jurisprudence on the question of LGBTQ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ rights: Price Waterhouse v. Hopkins. The Court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Anne Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years, outside of the marriage equality cases. This book tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ rights.
Call Number: Treatise KF3467.5 .P54 2022ISBN: 9780700633142Publication Date: May 31, 2022 -
Constitutionalising Social Media
by
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.
Call Number: Treatise K4240 .C67 2022ISBN: 9781509953707Publication Date: June 30, 2022 -
Constitutional Precedent in US Supreme Court Reasoning
by
Precedent is an important tool of judicial decision making and reasoning in civil law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stare decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
Call Number: Treatise KF8742 .S38 2022ISBN: 9781839103124Publication Date: March 18, 2022 -
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law
by
Is it possible to be both a judge and a feminist?" So opens Feminist Judgments, a collection of key decisions in English law rewritten by feminist legal scholars. It is a provocative question, and one that prompted us, a group of critical race theorists, to open this book, Critical Race Judgments, with a similar question: "Is it possible to be both a judge and a critical race theorist?" On one view, the answer is a resounding "no." To put the point the way two critics of the genre once put it, critical race theory is "beyond all reason." Accordingly, that body of work can be neither translated into nor substantively shape the articulation and the development of legal doctrine in the United States. On another view, and the one that informs this project, the answer is unequivocally "yes." The very project of critical race theory is to highlight, contest, reimagine, and rearticulate "the vexed bond between law and racial power."
Call Number: Treatise KF4755 .C748 2022ISBN: 9781316616451Publication Date: April 21, 2022 -
The Justices Behind Roe V. Wade
by
The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize-winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court's decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.
Call Number: Treatise KF228.R59 W663 2021ISBN: 9781982186630Publication Date: October 5, 2021 -
Seek and Hide: The Tangled History of the Right to Privacy
by
The surprising story of the fitful development of the right to privacy--and its battle against the public's right to know--across American history. There is no hotter topic than the desire to constrain tech companies like Facebook from exploiting our personal data, or to keep Alexa from spying on you. Privacy has also provoked constitutional crisis (presidential tax returns) while Justice Clarence Thomas seeks to remove the protection of journalists who publish the truth about public officials. Is privacy under deadly siege, or actually surging? The answer is both, but that's doubly dangerous, as legal expert Amy Gajda proves. Too little privacy means that unwanted exposure by those who deal in and publish secrets. Too much means the famous and infamous can cloak themselves in secrecy and shut down inquiry, and return us to the time before movements like Black Lives Matter and #MeToo opened eyes to hidden truths. We are not the first generation to grapple with that clash, to worry that new technologies and fraying social mores pose an existential threat to our privacy while we recognize the value in knowing certain things. Seek and Hide carries us from the Gilded Age, when the concept of a right to privacy by name first entered American law and society, to now, when the law allows a Silicon Valley titan like Peter Thiel to destroy a media site like Gawker out of spite. Disturbingly, she shows that the original concern was not about intrusions into the lives of ordinary folks, but that the wealthy and powerful should not have their dignity assaulted by the wretches of the popular press like Nellie Bly. Alexander Hamilton argued both sides of the issue depending on what it was being known, and about whom. The modern right is anchored in a landmark 1890 essay by Louis Brandeis before he joined the Supreme Court, where he continued his instrumental support for the "privacies of life." In the 1960s, privacy interests gave way to the glory days of investigative reporting in the era of Vietnam and Watergate. By the 1990s we were on our way to today's full-blown crisis of privacy in the digital age, from websites to webcams and the Forever Internet erasing our "right to be forgotten." Or does it? We stand today at another crossroads in which privacy is widely believed to be under assault from every direction by the anything-for-clicks business model and technology that can record and report our every move. This timely book reminds us to remember the lessons of history: that such a seemingly innocent call can also be used to restrict essential freedoms to a democracy--because it already has.
Call Number: Treatise KF1262 .G35 2022ISBN: 9781984880741Publication Date: April 12, 2022
Criminal Law
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The Dark Side of the Criminal Justice System
by
"Beginning in the Civil Rights era, the American criminal justice system waged a campaign of terror and warlike oppression of Black Americans, Ronald L. Morris analyzes those dark times, its cause, short- and long-term effects, and calls for change.
Call Number: Treatise KF9223 .M67 2022ISBN: 9781793613196Publication Date: February 25, 2022 -
Death Before Sentencing: Ending Rampant Suicide, Overdoses, Brutality, and Malpractice in America's Jails
by
How American Jails Became Death Sentences goes beyond the current headlines to reveal the long simmering national scandal that is American jails.
Call Number: Treatise KF9735 .K55 2022ISBN: 9781538162279Publication Date: July 15, 2022 -
Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class
by
Law professor and civil rights lawyer Dan Canon argues that an astounding 97 percent of cases in the United States are disposed of quickly and quietly with plea deals, rather than the jury trials most of us envision. Over the last 200 years, the criminal justice system has come to prioritize speed and volume above all else. The central question our courts ask is not whether justice is being done, but how they can more efficiently herd bodies through a reductive, inadequate, inhuman process. The result is a massive underclass of people who are restricted from voting, working, and otherwise participating in society. Pleading Out exposes the ugly truth about what's wrong with America's criminal justice system today-and provides a starting point for fixing it.
Call Number: Treatise KF9654 .C36 2022ISBN: 9781541674677Publication Date: Marcy 8, 2022 -
Tree Thieves: Crime and Survival in North America's Woods
by
Weaving together investigative reporting, colorful characters, logging history, political analysis, and cutting-edge tree science, this gripping account reveals the complexity of the illegal timber market.
Call Number: Environment HD9757.N95 B68 2022ISBN: 9780316497442Publication Date: June 21, 2022
Diversity, Equity, and Inclusion
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Before Bostock: The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins
by
On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6 to 3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent, but well-developed, shift in federal jurisprudence on the question of LGBTQ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ rights: Price Waterhouse v. Hopkins. The Court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Anne Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years, outside of the marriage equality cases. This book tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ rights.
Call Number: Treatise KF3467.5 .P54 2022ISBN: 9780700633142Publication Date: May 31, 2022
-
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law
by
Is it possible to be both a judge and a feminist?" So opens Feminist Judgments, a collection of key decisions in English law rewritten by feminist legal scholars. It is a provocative question, and one that prompted us, a group of critical race theorists, to open this book, Critical Race Judgments, with a similar question: "Is it possible to be both a judge and a critical race theorist?" On one view, the answer is a resounding "no." To put the point the way two critics of the genre once put it, critical race theory is "beyond all reason." Accordingly, that body of work can be neither translated into nor substantively shape the articulation and the development of legal doctrine in the United States. On another view, and the one that informs this project, the answer is unequivocally "yes." The very project of critical race theory is to highlight, contest, reimagine, and rearticulate "the vexed bond between law and racial power."
Call Number: Treatise KF4755 .C748 2022ISBN: 9781316616451Publication Date: April 21, 2022
-
The Dark Side of the Criminal Justice System
by
"Beginning in the Civil Rights era, the American criminal justice system waged a campaign of terror and warlike oppression of Black Americans, Ronald L. Morris analyzes those dark times, its cause, short- and long-term effects, and calls for change.
Call Number: Treatise KF9223 .M67 2022ISBN: 9781793613196Publication Date: February 25, 2022
Employment and Labor Law
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Before Bostock: The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins
by
On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6 to 3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent, but well-developed, shift in federal jurisprudence on the question of LGBTQ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ rights: Price Waterhouse v. Hopkins. The Court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Anne Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years, outside of the marriage equality cases. This book tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ rights.
Call Number: Treatise KF3467.5 .P54 2022ISBN: 9780700633142Publication Date: May 31, 2022
Environmental, Energy, and Natural Resources Law
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Billionaire Wilderness: The Ultra-Wealthy and the Remaking of the American West
by
Billionaire Wilderness offers an unprecedented look inside the world of the ultra-wealthy and their relationship to the natural world, showing how the ultra-rich use nature to resolve key predicaments in their lives. Justin Farrell immerses himself in Teton County, Wyoming--both the richest county in the United States and the county with the nation's highest level of income inequality--to investigate interconnected questions about money, nature, and community in the twenty-first century. Farrell draws on three years of in-depth interviews with "ordinary" millionaires and the world's wealthiest billionaires, four years of in-person observation in the community, and original quantitative data to provide comprehensive and unique analytical insight on the ultra-wealthy. He also interviewed low-income workers who could speak to their experiences as employees for and members of the community with these wealthy people. He finds that the wealthy leverage nature to climb even higher on the socioeconomic ladder, and they use their engagement with nature and rural people as a way of creating more virtuous and deserving versions of themselves. Billionaire Wilderness demonstrates that our contemporary understanding of the relationship between the ultra-wealthy and the environment is empirically shallow, and our reliance on reports of national economic trends distances us from the real experiences of these people and their local communities.
Call Number: Environment HC110.W4 F368 2020ISBN: 9780691176673Publication Date: March 3, 2022 -
The Bona Fide Prospective Purchaser Defense
by
The first edition has been updated by gathering the relevant guidance documents published by the United States Environmental Protection Agency and analyzing the key judicial decisions examining and interpreting the elements of the bona fide prospective purchaser defense.
Call Number: Environment KF3946 .G84 2022ISBN: 9781639050567Publication Date: January 1,2022 -
Building the Sustainable Law Firm: Developing and Implementing an ESG Strategy
by
With continued pressure from human rights organisations and socially conscious shareholders, investors, clients and employees, there is little doubt that every law firm must have environmental, social and governance (ESG) issues at the core of its business strategy. However, the implementation of an ESG strategy should not be a box-ticking exercise; rather, it requires firm-wide commitment and involves the full integration of ESG criteria into the strategy, operations and ethos of the firm, in relation to both the firm itself and its dealing with clients. Increased regulation, stronger business ethics and attitudes to climate change, environmental protection, employment standards, sustainable finance, risk and governance, community engagement, corruption and human rights are evolving at an unprecedented rate. As a result, the development of robust, long-term ESG initiatives in these areas can provide law firms with manifold benefits, including the opportunity to: gain competitive advantage; retain their license to operate; make cost savings due to operational improvements; attract, engage and retain clients and employees; increase value and service offerings to clients through advising them on their own sustainability transformation; and enter new markets. This Special Report looks at the business drivers for sustainability in law firms and offers a practical toolkit to guide law firms on their ESG journey. It will make essential reading for all lawyers, law firm leaders and management teams who are involved in implementing sustainability strategies at both a firm and practice group level.
Call Number: Environment K129 .B44 2022ISBN: 9781787428072Publication Date: July 31, 2022 -
Environmental Law, Third Edition
by
This five-volume set is a highly regarded and comprehensive guide to environmental statutes, court decisions, and administrative regulations governing air and water pollution, land management, toxic and hazardous wastes, and pesticides.
Call Number: KF3775 .R59 2022ISBN: 9781731927828Publication Date: 2022 -
Tree Thieves: Crime and Survival in North America's Woods
by
Weaving together investigative reporting, colorful characters, logging history, political analysis, and cutting-edge tree science, this gripping account reveals the complexity of the illegal timber market.
Call Number: Environment HD9757.N95 B68 2022ISBN: 9780316497442Publication Date: June 21, 2022
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Wastelands: The True Story of Farm Country on Trial
by
A once idyllic American landscape is home to a closely knit, rural community that, for more than a generation, has battled the polluting practices of large-scale farming that had been making them sick and damaging their homes. After years of frustration and futile attempts to bring about change, an impassioned cadre of local residents, led by a team of intrepid and dedicated lawyers, brought suit against one of the world's most powerful corporations-and, miraculously, they won. As vivid and fast-paced as a novel, Wastelands takes us into the heart of a legal battle over the future of America's farmland, and into the lives of the people who found the courage to fight. With unparalleled entrée in the courtroom, Corban Addison captures the stirring and unforgettable struggle to bring a modern-day monopoly to its knees, to force a once invincible power to change, to vindicate the rights of a long-suffering community, and finally to restore their heritage.
Call Number: Environment KF229.S65 A33 2022ISBN: 9780593320822Publication Date: June 7, 2022
Health Law and Elder Care
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Hospital and Physician Law
by
This book provides a comprehensive coverage of important legal and tax issues of relevance to hospitals and physicians, including discussions of potential liability for negligence in providing healthcare services; consents for treatment; laws applicable to various specialized healthcare subjects, such as patient rights, blood transfusions, emergency treatment, patients{u2019} rights to refuse treatment; and hospital and physician involvement in specialized services that include abortion procedures, sterilization, artificial insemination, in vitro fertilization, and surrogate parenting. The book also covers hospital governance issues, including a summary of the fiduciary duties of members of hospital governing boards, tax laws relating to obtaining and maintaining tax-exempt status for nonprofit hospitals, the reorganizations of hospitals and affiliated entities, and employment laws. The book is an invaluable reference work for hospitals, physicians, and attorneys who represent hospitals and physicians.
Call Number: Treatise KF3825 .P44 2022ISBN: 9781600425400Publication Date: January 7, 2022
Indigenous Law
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Research Handbook on the International Law of Indigenous Rights
by
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Call Number: Treatise K3247 .R477 2022ISBN: 9781788115780Publication Date: April 9, 2022 -
Sovereignty Symposium XXXIV 2022: The Earth
by
This book contains conference proceedings of the 34th annual Sovereignty Symposium, a conference in Oklahoma City, Oklahoma that was established to provide a forum in which ideas concerning common legal issues can be exchanged in a scholarly, non-adversarial environment. The theme of the 2022 symposium is "The Earth," and the proceedings include keynote speaker Janie Hipp, an Oklahoman who has devoted her career to the expansion and growth of Native American agriculture.
Call Number: Treatise KF8204.6 .S68 2022Publication Date: 2022
Innovation, Technology, & the Law
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Against Progress: Intellectual Property and Fundamental Values in the Internet Age
by
When first written into the Constitution, intellectual property aimed to facilitate 'progress of science and the useful arts' by granting rights to authors and inventors. The internet age has rendered more uncertain and fraught both the method of property rights and its purpose to promote knowledge and invention. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. This book considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and self- and community sustainability within the internet eco-system and current IP laws. Their accounts expose intellectual property law as a framework through which to discuss essential socio-political issues. Crucially, the book encourages refiguring the substance of 'progress' and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Call Number: Treatise KF2979 .S583 2022ISBN: 9781503631915Publication Date: June 7, 2022 -
Constitutionalising Social Media
by
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.
Call Number: Treatise K4240 .C67 2022ISBN: 9781509953707Publication Date: June 30, 2022
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The Future Law of Armed Conflict by Warfare is changing-and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. As states, including the United States, plan for how they will conduct warfare in the future, West Point's Lieber Institute for Law and Land Warfare, in collaboration with Columbia Law School's National Security Law Program, convened an expert workshop to consider the future legal context in which conflict will be waged. Titled "Law of Armed Conflict (LOAC) 2040," we assembled leading academics and practitioners from around the world to consider how that body of law and institutions for creating, interpreting, and enforcing it might look two decades ahead-as well as what opportunities may exist to influence it in that time.
Call Number: Treatise KZ6385 .L3835 2019ISBN: 9780197626054Publication Date: May 7, 2022 -
Seek and Hide: The Tangled History of the Right to Privacy
by
The surprising story of the fitful development of the right to privacy--and its battle against the public's right to know--across American history. There is no hotter topic than the desire to constrain tech companies like Facebook from exploiting our personal data, or to keep Alexa from spying on you. Privacy has also provoked constitutional crisis (presidential tax returns) while Justice Clarence Thomas seeks to remove the protection of journalists who publish the truth about public officials. Is privacy under deadly siege, or actually surging? The answer is both, but that's doubly dangerous, as legal expert Amy Gajda proves. Too little privacy means that unwanted exposure by those who deal in and publish secrets. Too much means the famous and infamous can cloak themselves in secrecy and shut down inquiry, and return us to the time before movements like Black Lives Matter and #MeToo opened eyes to hidden truths. We are not the first generation to grapple with that clash, to worry that new technologies and fraying social mores pose an existential threat to our privacy while we recognize the value in knowing certain things. Seek and Hide carries us from the Gilded Age, when the concept of a right to privacy by name first entered American law and society, to now, when the law allows a Silicon Valley titan like Peter Thiel to destroy a media site like Gawker out of spite. Disturbingly, she shows that the original concern was not about intrusions into the lives of ordinary folks, but that the wealthy and powerful should not have their dignity assaulted by the wretches of the popular press like Nellie Bly. Alexander Hamilton argued both sides of the issue depending on what it was being known, and about whom. The modern right is anchored in a landmark 1890 essay by Louis Brandeis before he joined the Supreme Court, where he continued his instrumental support for the "privacies of life." In the 1960s, privacy interests gave way to the glory days of investigative reporting in the era of Vietnam and Watergate. By the 1990s we were on our way to today's full-blown crisis of privacy in the digital age, from websites to webcams and the Forever Internet erasing our "right to be forgotten." Or does it? We stand today at another crossroads in which privacy is widely believed to be under assault from every direction by the anything-for-clicks business model and technology that can record and report our every move. This timely book reminds us to remember the lessons of history: that such a seemingly innocent call can also be used to restrict essential freedoms to a democracy--because it already has.
Call Number: Treatise KF1262 .G35 2022ISBN: 9781984880741Publication Date: April 12, 2022
Intellectual Property Law
-
Against Progress: Intellectual Property and Fundamental Values in the Internet Age
by
When first written into the Constitution, intellectual property aimed to facilitate 'progress of science and the useful arts' by granting rights to authors and inventors. The internet age has rendered more uncertain and fraught both the method of property rights and its purpose to promote knowledge and invention. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. This book considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and self- and community sustainability within the internet eco-system and current IP laws. Their accounts expose intellectual property law as a framework through which to discuss essential socio-political issues. Crucially, the book encourages refiguring the substance of 'progress' and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Call Number: Treatise KF2979 .S583 2022ISBN: 9781503631915Publication Date: June 7, 2022
International, Foreign, & Human Rights Law
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Constitutionalising Social Media
by
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.
Call Number: Treatise K4240 .C67 2022ISBN: 9781509953707Publication Date: June 30, 2022
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Call Number: Treatise KZ6385 .L3835 2019ISBN: 9780197626054Publication Date: May 7, 2022
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Research Handbook on the International Law of Indigenous Rights
by
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Call Number: Treatise K3247 .R477 2022ISBN: 9781788115780Publication Date: April 9, 2022
Legal Education
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The Five Types of Legal Argument
by
Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. The book describes and explains how lawyers use logic, reasoning by analogy, and policy analysis in resolving progressively more difficult cases. The fourth edition of the book includes new chapters that illustrate policy arguments through the use of graphs and advises law students how to answer essay exam questions.
Call Number: Treatise ; KF380 .H84 2022ISBN: 9781531024413Publication Date: July 1, 2022 -
MBEs for the MBE: Mneumonics, Blueprints, and Examples for the Multistate Bar Examination
by
With over 500 highlighted rules, numerous mnemonics, and 150 practice questions, this book is an excellent resource for anyone reviewing the substantive law tested on the MBE. This book can be a stand-alone textbook for a bar preparation course focused on the MBE. It can also be used as a supplement to traditional bar vendor materials. Lastly, as usefully described in Chapter 2, this book can be used by 1Ls as a supplement to their law studies.
Call Number: Reserve ; KF303 .S25 2022ISBN: 9781636593425Publication Date: November 15, 2021 -
The Role of Citation in the Law: A Yale Law School Symposium
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Contains papers presented at Yale Law School's Virtual Symposium on Citations and the Law, held April 22-23, 2021, which highlighted the scholarship of law librarians and faculty interested in issues ranging from the US News and World Reports rankings for scholarly productivity, to link rot, to empirical research in the use of citations, and more. Keynote speaker Fred Shapiro's paper "The Most-Cited Legal Scholars Revisited" sets the stage. The remaining chapters continue the impressive collection of first-rate scholarship from more than 20 authors from law schools across the country. This material advances the understanding of law librarianship and legal information management and encourages law librarians to continue to create and publish a body of scholarship. It also shows the intense interest of law school administrations and their alums and donors in rankings of scholarship (and although U.S. News & World Report made the decision not to pursue its Scholarly Impact Ranking, at least for now, the issue is far from settled).
Call Number: Treatise KF240 .V49 2021ISBN: 9780837742632Publication Date: January 1, 2022
Legal History
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Before Bostock: The Accidental LGBTQ Precedent of Price Waterhouse v. Hopkins
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On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, in a 6 to 3 decision with a majority opinion authored by conservative Justice Neil Gorsuch, that Title VII of the Civil Rights Act of 1964 prohibited employment discrimination on the basis of gender identity and sexual orientation. The decision was a surprise to many, if not most, observers, but as Jason Pierceson explores in this work, it was not completely unanticipated. The decision was grounded in a recent, but well-developed, shift in federal jurisprudence on the question of LGBTQ rights that occurred around 2000, with gender identity claims faring better in federal court after decades of skepticism. The most important precedent for these cases was a 1989 Supreme Court case that did not deal directly with LGBTQ rights: Price Waterhouse v. Hopkins. The Court ruled in Price Waterhouse that "sex stereotyping" is a form of discrimination under Title VII, a provision that prohibits discrimination in employment based upon sex. Anne Hopkins was a cisgender, heterosexual woman who was denied a promotion at her accounting firm for being too "masculine." At the time of the decision, and in the wake of the devastating decision for the LGBTQ movement in Bowers v. Hardwick (1986), the case was not viewed as creating a strong precedential foundation for LGBTQ rights claims, especially claims based upon sexual orientation. Even in the context of gender identity, the connection was not made to the emerging movement for transgender rights until a decade later. In the 2000s, however, federal courts were consistently applying the case to protect transgender individuals. While not the result of coordinated litigation, nor initially connected to the LGBTQ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years, outside of the marriage equality cases. This book tells the story of how this "accidental" precedent evolved into such a crucial case for contemporary LGBTQ rights.
Call Number: Treatise KF3467.5 .P54 2022ISBN: 9780700633142Publication Date: May 31, 2022
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The Dark Side of the Criminal Justice System
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"Beginning in the Civil Rights era, the American criminal justice system waged a campaign of terror and warlike oppression of Black Americans, Ronald L. Morris analyzes those dark times, its cause, short- and long-term effects, and calls for change.
Call Number: Treatise KF9223 .M67 2022ISBN: 9781793613196Publication Date: February 25, 2022
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The Justices Behind Roe V. Wade
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The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize-winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court's decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.
Call Number: Treatise KF228.R59 W663 2021ISBN: 9781982186630Publication Date: October 5, 2021
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Seek and Hide: The Tangled History of the Right to Privacy
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The surprising story of the fitful development of the right to privacy--and its battle against the public's right to know--across American history. There is no hotter topic than the desire to constrain tech companies like Facebook from exploiting our personal data, or to keep Alexa from spying on you. Privacy has also provoked constitutional crisis (presidential tax returns) while Justice Clarence Thomas seeks to remove the protection of journalists who publish the truth about public officials. Is privacy under deadly siege, or actually surging? The answer is both, but that's doubly dangerous, as legal expert Amy Gajda proves. Too little privacy means that unwanted exposure by those who deal in and publish secrets. Too much means the famous and infamous can cloak themselves in secrecy and shut down inquiry, and return us to the time before movements like Black Lives Matter and #MeToo opened eyes to hidden truths. We are not the first generation to grapple with that clash, to worry that new technologies and fraying social mores pose an existential threat to our privacy while we recognize the value in knowing certain things. Seek and Hide carries us from the Gilded Age, when the concept of a right to privacy by name first entered American law and society, to now, when the law allows a Silicon Valley titan like Peter Thiel to destroy a media site like Gawker out of spite. Disturbingly, she shows that the original concern was not about intrusions into the lives of ordinary folks, but that the wealthy and powerful should not have their dignity assaulted by the wretches of the popular press like Nellie Bly. Alexander Hamilton argued both sides of the issue depending on what it was being known, and about whom. The modern right is anchored in a landmark 1890 essay by Louis Brandeis before he joined the Supreme Court, where he continued his instrumental support for the "privacies of life." In the 1960s, privacy interests gave way to the glory days of investigative reporting in the era of Vietnam and Watergate. By the 1990s we were on our way to today's full-blown crisis of privacy in the digital age, from websites to webcams and the Forever Internet erasing our "right to be forgotten." Or does it? We stand today at another crossroads in which privacy is widely believed to be under assault from every direction by the anything-for-clicks business model and technology that can record and report our every move. This timely book reminds us to remember the lessons of history: that such a seemingly innocent call can also be used to restrict essential freedoms to a democracy--because it already has.
Call Number: Treatise KF1262 .G35 2022ISBN: 9781984880741Publication Date: April 12, 2022
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Wastelands: The True Story of Farm Country on Trial
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A once idyllic American landscape is home to a closely knit, rural community that, for more than a generation, has battled the polluting practices of large-scale farming that had been making them sick and damaging their homes. After years of frustration and futile attempts to bring about change, an impassioned cadre of local residents, led by a team of intrepid and dedicated lawyers, brought suit against one of the world's most powerful corporations-and, miraculously, they won. As vivid and fast-paced as a novel, Wastelands takes us into the heart of a legal battle over the future of America's farmland, and into the lives of the people who found the courage to fight. With unparalleled entrée in the courtroom, Corban Addison captures the stirring and unforgettable struggle to bring a modern-day monopoly to its knees, to force a once invincible power to change, to vindicate the rights of a long-suffering community, and finally to restore their heritage.
Call Number: Environment KF229.S65 A33 2022ISBN: 9780593320822Publication Date: June 7, 2022
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Making Laws That Work: How Laws Fail and How We Can Do Better
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This book examines why laws fail and provides strategies for making laws that work.
Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance.
It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future.
It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change.
Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults.
The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.
Call Number: Treatise K3320 .G63 2022ISBN: 9781509955367Publication Date: July 14, 2022 -
Moving Violations
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Regulation has shaped the evolution of the automobile from the beginning. In Moving Violations, Lee Vinsel shows that, contrary to popular opinion, these restrictions have not hindered technological change. Rather, by drawing together communities of scientific and technical experts, auto regulations have actually fostered innovation. Vinsel tracks the history of American auto regulation from the era of horseless carriages and the first, faltering efforts to establish speed limits in cities to recent experiments with self-driving cars. He examines how the government has tried to address car-related problems, from accidents to air pollution, and demonstrates that automotive safety, emissions, and fuel economy have all improved massively over time. Touching on fuel economy standards, the rise of traffic laws, the birth of drivers' education classes, and the science of distraction, he also describes how the government's changing activities have reshaped the automobile and its drivers, as well as the country's entire system of roadways and supporting technologies, including traffic lights and gas pumps. Moving Violations examines how policymakers, elected officials, consumer advocates, environmentalists, and other interested parties wrestled to control the negative aspects of American car culture while attempting to preserve what they saw as its positive contributions to society. Written in a clear, approachable, and jargon-free voice, Moving Violations will appeal to makers and analysts of policy, historians of science, technology, business, and the environment, and any readers interested in the history of cars and government.
Call Number: KF2209 .V56 2019ISBN: 9781421429656Publication Date: 2019-07-16
Practice of Law
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Building the Sustainable Law Firm: Developing and Implementing an ESG Strategy
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With continued pressure from human rights organisations and socially conscious shareholders, investors, clients and employees, there is little doubt that every law firm must have environmental, social and governance (ESG) issues at the core of its business strategy. However, the implementation of an ESG strategy should not be a box-ticking exercise; rather, it requires firm-wide commitment and involves the full integration of ESG criteria into the strategy, operations and ethos of the firm, in relation to both the firm itself and its dealing with clients. Increased regulation, stronger business ethics and attitudes to climate change, environmental protection, employment standards, sustainable finance, risk and governance, community engagement, corruption and human rights are evolving at an unprecedented rate. As a result, the development of robust, long-term ESG initiatives in these areas can provide law firms with manifold benefits, including the opportunity to: gain competitive advantage; retain their license to operate; make cost savings due to operational improvements; attract, engage and retain clients and employees; increase value and service offerings to clients through advising them on their own sustainability transformation; and enter new markets. This Special Report looks at the business drivers for sustainability in law firms and offers a practical toolkit to guide law firms on their ESG journey. It will make essential reading for all lawyers, law firm leaders and management teams who are involved in implementing sustainability strategies at both a firm and practice group level.
Call Number: Environment K129 .B44 2022ISBN: 9781787428072Publication Date: July 31, 2022
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The Flourishing Lawyer: A Multi-Dimensional Approach to Performance and Well-Being
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This book is about how all of us can thrive-in good times and in arduous periods. This book is about focusing on more dimensions than just our intellect so we can be prepared for, and rise to, challenges like the ones we have been navigating since Spring 2020.
Call Number: Treatise KF300 .B755 2022ISBN: 9781639050949Publication Date: July 1, 2022 -
It Burned Me All Down: A Self Reflection on Big Law, Burnout, Mental Health and How to Build an Environment to Support a High Performing and Healthy Workforce
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A deeply personal account of one former Big Law partner’s dance with burnout, mental illness and what she learned along the way.
Call Number: Treatise KF300 D873 2022ISBN: 9798401051769Publication Date: January 15, 2022 -
The Law Firm Client Service Interview Playbook
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A guide to conducting client service interviews at law firms.
Call Number: Treatise KF311 .C89 2022ISBN: 9781639050260Publication Date: January 1, 2022 -
Law Office Policies, Procedures, and Operations Manual
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This manual includes everything you need to create a complete, customized manual that can serve as a reference guide for your entire firm and as a training tool for new employees, associates, and temporary workers.
Call Number: Treatise KF318 .R64 2022ISBN: 9781641059688Publication Date: April 1, 2022
Property Law and Real Estate
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The Bona Fide Prospective Purchaser Defense
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The first edition has been updated by gathering the relevant guidance documents published by the United States Environmental Protection Agency and analyzing the key judicial decisions examining and interpreting the elements of the bona fide prospective purchaser defense.
Call Number: Environment KF3946 .G84 2022ISBN: 9781639050567Publication Date: January 1,2022
Other Subject Areas
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Law and Illiberalism
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Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism-namely the rights of all individuals and constraints on state power-still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil. In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
Call Number: Treatise ; JC480 .L39 2022ISBN: 9781625346704Publication Date: August 26, 2022 -
Mental Health and Conflicts: A Handbook for Empowerment
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This handbook teaches frameworks for anticipating and addressing mental health needs in conflicts. Its lessons can help laypeople as well as professional conflict resolvers, people living with mental health problems as well as people with no knowledge of mental health, and those dealing with conflicts that are specifically focused on mental health as well as those facing any other kind of conflict.
Call Number: Treatise HM1126 .B48 2022ISBN: 9781639050642Publication Date: January 1, 2022
