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 desk 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.
Business, Investment, and Tax Law
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Hard Lessons in Corporate Governance
by
How should corporations be run? Who should get a say, and what results can we expect? Hard Lessons in Corporate Governance provides an accessible introduction to the various failed attempts at using corporate governance to improve society. It introduces the record of these failures and illuminates hard lessons spread across thousands of empirical studies. If we look at the outcomes generated by various corporate governance 'best' practices, we find that none of the practices work. If we look at the theories and assumptions that support modern corporate governance, we find they are likely wrong. And if we look at the prospect of corporate governance to improve political, environmental, and social outcomes, we find ample evidence that governance will fail us here too. After documenting these failures, Bryce Tingle K.C. turns to the most important lesson: How to fix this important, but broken, system.
Call Number: Treatise ; K1327 .T56 2024ISBN: 9781009170635Publication Date: May 30, 2024 -
How Government Built America
by
How Government Built America challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country.
Call Number: Treatise ; KF5402 .S525 2024ISBN: 9781009489379Publication Date: May 9, 2024 -
Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
Cannabis Law
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Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
Civil Rights and Constitutional Law
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Family Matters
by
In 1960, consensual sodomy was a crime in every state in America. Fifty-five years later, the Supreme Court ruled that same-sex couples had the fundamental right to marry. In the span of two generations, American law underwent a dramatic transformation. Though the fight for marriage equality has received a considerable amount of attention from scholars and the media, it was only a small part of the more than half-century struggle for queer family rights. Family Matters uncovers these decades of advocacy, which reshaped the place of same-sex sexuality in American law and society - and ultimately made marriage equality possible. This book, however, is more than a history of queer rights. Marie-Amélie George reveals that national legal change resulted from shifts at the state and local levels, where the central figures were everyday people without legal training. Consequently, she offers a new way of understanding how minority groups were able to secure meaningful legal change.
Call Number: Treatise; KF4754.5 .G46 2024ISBN: 9781009284400Publication Date: August 1, 2024 -
The Global Fight Against LGBTI Rights
by
An in-depth look at the global movement to curtail LGBTI rights--and how the LGBTI movement responds to it . In the past three decades, remarkable progress has been made in numerous countries for the rights of individuals marginalized due to their sexual orientation and gender identity. The advancements in LGBTI rights can largely be attributed to the tireless efforts of the transnational LGBTI-rights movement, forward-thinking governments in pioneering nations, and the evolving human rights frameworks of international organizations. However, this journey towards equality has been met with formidable opposition. An increasingly interconnected and globally networked resistance, backed by religious-nationalist elements and conservative governments, has emerged to challenge LGBTI and women's rights, even seeking to reinterpret and co-opt international human rights law. In The Global Fight Against LGBTI Rights, authors Phillip M. Ayoub and Kristina Stoeckl investigate this complex landscape, drawing from over a decade of in-depth fieldwork and over 240 interviews with LGBTI activists, anti-LGBTI proponents, and various state and international organization actors. The authors explore the mechanisms and strategies employed by the conservative transnational movement, seeking to understand its composition and the construction of its agenda. With a wealth of empirical evidence and insightful analysis, this book is a valuable resource for scholars, policymakers, activists, and anyone interested in understanding the ongoing global battle for LGBTI rights.
Call Number: Treatise ; HQ76.4 .A96 2024ISBN: 9781479824809Publication Date: June 18, 2024 -
No Democracy Lasts Forever
by
The Constitution has become a threat to American democracy. Due to its inherent flaws--its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court--Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold. Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world. Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish. Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government. Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.
Call Number: Treatise ; KF4552 .C44 2024ISBN: 9781324091585Publication Date: August 20, 2024 -
Owning Our Values: Understanding Systemic Racism Through the Lens of Property Law
by
Owning Our Values offers a close examination of what "systemic racism" means through the lens of property law, in particular through areas heavily tested on the bar exam. Though systemic racism is not new, the way in which law schools and policy makers are thinking and talking about it has changed dramatically in recent years. Those who come to law school seeking to contribute to the cause of social justice may find themselves disappointed with a first-year curriculum that deals largely with arcane common law cases. In Owning Our Values, Natasha Varyani brings her experience as a doctrinal professor teaching in the fields of Property and Critical Race Theory along with her educational psychology background to approach property law from a different perspective. Each chapter is divided into two parts: one that examines the history of the doctrine and the ways it has been used and the way it has impacted groups based on their race, class, gender, and other identity characteristics. The second section of each chapter contains a suggestion for a skills exercise that provides students and professors with opportunities to see and practice culturally responsive legal skills in context, including a question set from the Next Generation Bar Exam.
Call Number: Treatise ; KF4755 .V37 2024ISBN: 9781531025793Publication Date: July 1, 2024 -
The Pregnancy Police: Conceiving Crime, Arresting Personhood
by
Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.
Call Number: Treatise ; KF3760 .H69 2024ISBN: 9780520391062Publication Date: June 4, 2024
Criminal Law
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By the Fire We Carry: The Generations-Long Fight For Justice on Native Land
by
A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country
Call Number: Treatise ; E93 .N19 2024ISBN: 9780063112049Publication Date: September 10, 2024 -
Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
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The Pregnancy Police: Conceiving Crime, Arresting Personhood
by
Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.
Call Number: Treatise ; KF3760 .H69 2024ISBN: 9780520391062Publication Date: June 4, 2024
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Pressing the Police and Policing the Press
by
In the second half of 2020 and continuing into 2021, protests against racial injustice spread across the United States after the death of George Floyd while in the custody of Minneapolis Police Department officers. Members of the press covered these demonstrations, documenting what transpired and conveying the important messages involved. In so doing, the news media held law enforcement accountable through critical reporting on the actions of the police, with police officers responding in part by intimidating journalists in the field using force and arrest--this in the name of keeping the peace and protecting the public from further harm. What transpired during this troubled time cast a bright light on the contemporary relationship between the press and police in the United States. The relationship between these two fundamental institutions is, however, a long and complicated one, dating back to colonial British North America. In the mid-19th century, (1830s-1850s) both the press and the police began to take their modern forms, and since then have continued to develop, routinely interacting with each other as journalists and police officers often found themselves responding to the same crimes and events. At times, members of both institutions managed to co-exist or even cooperate and made efforts to help one another, while at other times they butted heads to the point of conflict, the professional boundaries between journalists and police officers seemingly blurred. As both the press and the police have fallen under deep scrutiny in more modern times, the present moment marks what is, perhaps, an opportune time to focus on the political, economic, social, and technological problems they face. In "Pressing the Police and Policing the Press," Scott Memmel offers the first book-length study of the history and legal landscape of the press-police relationship. Each chapter focuses on interactions between the press and the police during a particular era, introducing relevant societal context and how both institutions evolved and responded to that context. Memmel concludes his study with recommendations on how, going forward, the press and the police might work together to tackle some of the similar issues they face and better serve the public.
Call Number: Treatise ; KF2750 .M45 2024ISBN: 9780826223067Publication Date: June 28, 2024 -
Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers
by
Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.
Call Number: Treatise ; KF9640 .S725 2024ISBN: 9781639055166Publication Date: October 22, 2024
Diversity, Equity, and Inclusion
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By the Fire We Carry: The Generations-Long Fight For Justice on Native Land
by
A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country
Call Number: Treatise ; E93 .N19 2024ISBN: 9780063112049Publication Date: September 10, 2024
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Family Matters
by
In 1960, consensual sodomy was a crime in every state in America. Fifty-five years later, the Supreme Court ruled that same-sex couples had the fundamental right to marry. In the span of two generations, American law underwent a dramatic transformation. Though the fight for marriage equality has received a considerable amount of attention from scholars and the media, it was only a small part of the more than half-century struggle for queer family rights. Family Matters uncovers these decades of advocacy, which reshaped the place of same-sex sexuality in American law and society - and ultimately made marriage equality possible. This book, however, is more than a history of queer rights. Marie-Amélie George reveals that national legal change resulted from shifts at the state and local levels, where the central figures were everyday people without legal training. Consequently, she offers a new way of understanding how minority groups were able to secure meaningful legal change.
Call Number: Treatise; KF4754.5 .G46 2024ISBN: 9781009284400Publication Date: August 1, 2024
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The Global Fight Against LGBTI Rights
by
An in-depth look at the global movement to curtail LGBTI rights--and how the LGBTI movement responds to it . In the past three decades, remarkable progress has been made in numerous countries for the rights of individuals marginalized due to their sexual orientation and gender identity. The advancements in LGBTI rights can largely be attributed to the tireless efforts of the transnational LGBTI-rights movement, forward-thinking governments in pioneering nations, and the evolving human rights frameworks of international organizations. However, this journey towards equality has been met with formidable opposition. An increasingly interconnected and globally networked resistance, backed by religious-nationalist elements and conservative governments, has emerged to challenge LGBTI and women's rights, even seeking to reinterpret and co-opt international human rights law. In The Global Fight Against LGBTI Rights, authors Phillip M. Ayoub and Kristina Stoeckl investigate this complex landscape, drawing from over a decade of in-depth fieldwork and over 240 interviews with LGBTI activists, anti-LGBTI proponents, and various state and international organization actors. The authors explore the mechanisms and strategies employed by the conservative transnational movement, seeking to understand its composition and the construction of its agenda. With a wealth of empirical evidence and insightful analysis, this book is a valuable resource for scholars, policymakers, activists, and anyone interested in understanding the ongoing global battle for LGBTI rights.
Call Number: Treatise ; HQ76.4 .A96 2024ISBN: 9781479824809Publication Date: June 18, 2024
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Inclusive Socratic Teaching: Why Law Schools Need It and How to Achieve It
by
For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered.
Call Number: Treatise ; KF272 .A43 2024ISBN: 9780520390720Publication Date: June 4, 2024 -
Lovely One: A Memoir
by
With this unflinching account, Justice Ketanji Brown Jackson invites readers into her life and world, tracing her family's ascent from segregation to her confirmation on America's highest court within the span of one generation. Named "Ketanji Onyika," meaning "Lovely One," based on a suggestion from her aunt, a Peace Corps worker stationed in West Africa, Justice Jackson learned from her educator parents to take pride in her heritage since birth. She describes her resolve as a young girl to honor this legacy and realize her dreams: from hearing stories of her grandparents and parents breaking barriers in the segregated South, to honing her voice in high school as an oratory champion and student body president, to graduating magna cum laude from Harvard, where she performed in musical theater and improv and participated in pivotal student organizations. Here, Justice Jackson pulls back the curtain, marrying the public record of her life with what is less known. She reveals what it takes to advance in the legal profession when most people in power don't look like you, and to reconcile a demanding career with the joys and sacrifices of marriage and motherhood. Through trials and triumphs, Justice Jackson's journey will resonate with dreamers everywhere, especially those who nourish outsized ambitions and refuse to be turned aside. This moving, openhearted tale will spread hope for a more just world, for generations to come.
Call Number: Treatise ; KF8745.J25 A3 2024ISBN: 9780593729908Publication Date: September 3, 2024 -
Owning Our Values: Understanding Systemic Racism Through the Lens of Property Law
by
Owning Our Values offers a close examination of what "systemic racism" means through the lens of property law, in particular through areas heavily tested on the bar exam. Though systemic racism is not new, the way in which law schools and policy makers are thinking and talking about it has changed dramatically in recent years. Those who come to law school seeking to contribute to the cause of social justice may find themselves disappointed with a first-year curriculum that deals largely with arcane common law cases. In Owning Our Values, Natasha Varyani brings her experience as a doctrinal professor teaching in the fields of Property and Critical Race Theory along with her educational psychology background to approach property law from a different perspective. Each chapter is divided into two parts: one that examines the history of the doctrine and the ways it has been used and the way it has impacted groups based on their race, class, gender, and other identity characteristics. The second section of each chapter contains a suggestion for a skills exercise that provides students and professors with opportunities to see and practice culturally responsive legal skills in context, including a question set from the Next Generation Bar Exam.
Call Number: Treatise ; KF4755 .V37 2024ISBN: 9781531025793Publication Date: July 1, 2024
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Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
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Vicious and Immoral
by
The fascinating story of a British army chaplain's buggery trial in 1774 reveals surprising truths about early America. On the eve of the American Revolution, the British army considered the case of a chaplain, Robert Newburgh, who had been accused of having sex with a man. Newburgh's enemies cited his flamboyant appearance, defiance of military authority, and seduction of soldiers as proof of his low character. Consumed by fears that the British Empire would soon be torn asunder, his opponents claimed that these supposed crimes against nature translated to crimes against the king. In Vicious and Immoral, historian John McCurdy tells this compelling story of male intimacy and provides an unparalleled glimpse inside eighteenth-century perceptions of queerness. By demanding to have his case heard, Newburgh invoked Enlightenment ideals of equality, arguing passionately that his style of dress and manner should not affect his place in the army or society. His accusers equated queer behavior with rebellion, and his defenders would go on to join the American cause. Newburgh's trial offers some clues to understanding a peculiarity of the late eighteenth and early nineteenth century: while gay acts were prohibited by law in much of the British empire, the newly formed United States was comparatively uninterested in legislating against same-sex intimacy. McCurdy imagines what life was like for a gay man in early America and captures the voices of those who loved and hated Newburgh, revealing how sexuality and revolution informed one another. Vicious and Immoral is the first book to place homosexuality in conversation with the American Revolution, and it dares us to rethink the place of LGBTQ people in the founding of the nation.
Call Number: Treatise ; HQ76.3.U5 M39 2024ISBN: 9781421448534Publication Date: June 4, 2024
Employment and Labor Law
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Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
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Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation
by
A study of Indian indentured labor in Mauritius, British Guiana, and Trinidad that explores the history of indenture's normalization. In this book, historian Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of "freedom" in a post-abolition world.
Call Number: Treatise ; HD4875.G7 C56 2024ISBN: 9780226833644Publication Date: June 6, 2024
Environmental, Energy, and Natural Resources Law
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Exploring Environmental Violence: Perspectives, Experience, Expression, and Engagement
by
The contributors to this book represent a wide breadth of scholarly approaches, including law, social and environmental science, engineering, as well as from the arts and humanities. The chapters explore what environmental violence is and does, and the variety of ways in which it affects different communities. The authors draw on empirical data from around the globe, including Ukraine, French Polynesia, Latin America, and the Arctic. The variety of responses to environmental violence by different communities, whether through active resistance or the creative arts, are also discussed, providing the foundation on which to build alternatives to the potentially damaging trajectory on which humans currently find themselves. This book is indispensable for researchers and policymakers in environmental policy and peacebuilding. This title is also available as Open Access on Cambridge Core.
Call Number: Environment ; HV6401 .E975 2024ISBN: 9781009417143Publication Date: May 9, 2024 -
Forest under Siege: The Story of Old Growth After Gifford Pinchot
by
Gifford Pinchot, Chief of the United States Forest Service (USFS) from 1905 to 1910, marveled at the Cascades' old growth trees. Yet sadly, despite what its namesake championed, no current visitor to the Gifford Pinchot National Forest can see the forest he revered. Instead, by mid-century the USFS dramatically increased allowable timber industry logging for all national forests and began replacing ancient forests with younger, faster-growing trees--alarming changes that threatened the loss of these amazing northwest woodlands as well as some of the distinctive creatures that inhabit them. By 1990 less than thirteen percent of the Pacific Northwest's original old growth remained, and projected USFS plans were to log most of the unprotected remnant by 2023. Focusing primarily on the Gifford Pinchot National Forest, environmental activist Rand Schenk reviewed numerous USFS reports and interviewed its leaders, timber war stakeholders, and prominent environmentalists to examine 100 years of Pacific Northwest forestry. He reveals just how close regional forests came to extinction--discussing why the USFS moved away from decades of stewardship to relentless and unsustainable harvest, consequences of intensive management, and why attempts to replant trees failed. He explores how new laws like the Multiple Use-Sustained Yield Act and surprise discoveries following the Mount St. Helens volcanic eruption slowly initiated change. Finally, he reviews efforts to restore the damage and offers hope for old growth rebirth.
Call Number: Environment ; SD428.G45 S34 2024ISBN: 9781638640257Publication Date: May 31, 2024
Family Law
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Family Matters
by
In 1960, consensual sodomy was a crime in every state in America. Fifty-five years later, the Supreme Court ruled that same-sex couples had the fundamental right to marry. In the span of two generations, American law underwent a dramatic transformation. Though the fight for marriage equality has received a considerable amount of attention from scholars and the media, it was only a small part of the more than half-century struggle for queer family rights. Family Matters uncovers these decades of advocacy, which reshaped the place of same-sex sexuality in American law and society - and ultimately made marriage equality possible. This book, however, is more than a history of queer rights. Marie-Amélie George reveals that national legal change resulted from shifts at the state and local levels, where the central figures were everyday people without legal training. Consequently, she offers a new way of understanding how minority groups were able to secure meaningful legal change.
Call Number: Treatise; KF4754.5 .G46 2024ISBN: 9781009284400Publication Date: August 1, 2024
Health Law and Elder Care
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The Pregnancy Police: Conceiving Crime, Arresting Personhood
by
Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.
Call Number: Treatise ; KF3760 .H69 2024ISBN: 9780520391062Publication Date: June 4, 2024
Immigration Law
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Access to Courts for Asylum Seekers and Refugees: State Obligations under the 1951 Refugee Convention
by
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny.In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
Call Number: Treatise ; K3230.R45 D86 2024ISBN: 9780198885597Publication Date: May 8, 2024
Indigenous Law
-
By the Fire We Carry: The Generations-Long Fight For Justice on Native Land
by
A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country
Call Number: Treatise ; E93 .N19 2024ISBN: 9780063112049Publication Date: September 10, 2024
Innovation, Technology, & the Law
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Artificial Intelligence: Legal Issues, Policy, and Practical Strategies
by
An essential and practical guide to navigate the rapidly evolving laws and policies of Artificial Intelligence. Artificial Intelligence (AI) is transforming our world at a breakneck pace, including the practice of law. The recent rapid development of generative AI, which produces new outputs based on the data it has been trained on and prompts from users, has been heralded as a revolutionary intellectual and technological development. AI has the potential to improve many aspects of the practice of law, including increasing the speed at which many tasks can be done, boosting productivity, and reducing the amount of time spent on routine tasks. In addition, AI can help to solve one of the most pressing problems facing our legal system - the large number of people who are not able to afford a lawyer and must try to navigate the legal system on their own. There also are significant challenges with the use of AI in the legal profession, including AI's yet undetermined accuracy in drafting legal documents; its potential to undermine confidentiality, privacy and security; the capacity to introduce and perpetuate bias; and its impact on the structure of law firms. Additional concerns include the impact of AI on intellectual property rights; how law schools can best prepare students for this new AI-enabled future; and whether advances in AI will meaningfully reduce the number of attorneys that are needed to serve their clients. Governments and private organizations are grappling with how to develop laws, regulations and rules that will govern the use and functionality of AI systems. In order to address these issues, this book contains reflections and chapters by a group of more than 40 preeminent AI and legal experts from in-house legal departments; private practice; non-profits; academia; government, and the judiciary. The book covers a wide range of important topics concerning AI and the law and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues. The topics include: A primer on key AI concepts; Overarching legal issues, including AI governance and ethics; AI and law practice management, including the use of digital assistants, AI use cases for lawyers, and paths to the responsible use of AI by lawyers; AI and the courts and how AI can be used to close the justice gap; Intellectual property issues, as well as issues at the intersection of AI and the Internet of Things (IoT); The impact of AI on employment law and the workplace; Specific types of AI risks, including cybersecurity, privacy, and national security; AI and the law from the perspective of practitioners in Europe; The long-term future of AI.
Call Number: Treatise ; KF390.5.C6 A99 2024ISBN: 9781639054930Publication Date: September 3, 2024
Intellectual Property Law
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Artificial Intelligence: Legal Issues, Policy, and Practical Strategies
by
An essential and practical guide to navigate the rapidly evolving laws and policies of Artificial Intelligence. Artificial Intelligence (AI) is transforming our world at a breakneck pace, including the practice of law. The recent rapid development of generative AI, which produces new outputs based on the data it has been trained on and prompts from users, has been heralded as a revolutionary intellectual and technological development. AI has the potential to improve many aspects of the practice of law, including increasing the speed at which many tasks can be done, boosting productivity, and reducing the amount of time spent on routine tasks. In addition, AI can help to solve one of the most pressing problems facing our legal system - the large number of people who are not able to afford a lawyer and must try to navigate the legal system on their own. There also are significant challenges with the use of AI in the legal profession, including AI's yet undetermined accuracy in drafting legal documents; its potential to undermine confidentiality, privacy and security; the capacity to introduce and perpetuate bias; and its impact on the structure of law firms. Additional concerns include the impact of AI on intellectual property rights; how law schools can best prepare students for this new AI-enabled future; and whether advances in AI will meaningfully reduce the number of attorneys that are needed to serve their clients. Governments and private organizations are grappling with how to develop laws, regulations and rules that will govern the use and functionality of AI systems. In order to address these issues, this book contains reflections and chapters by a group of more than 40 preeminent AI and legal experts from in-house legal departments; private practice; non-profits; academia; government, and the judiciary. The book covers a wide range of important topics concerning AI and the law and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues. The topics include: A primer on key AI concepts; Overarching legal issues, including AI governance and ethics; AI and law practice management, including the use of digital assistants, AI use cases for lawyers, and paths to the responsible use of AI by lawyers; AI and the courts and how AI can be used to close the justice gap; Intellectual property issues, as well as issues at the intersection of AI and the Internet of Things (IoT); The impact of AI on employment law and the workplace; Specific types of AI risks, including cybersecurity, privacy, and national security; AI and the law from the perspective of practitioners in Europe; The long-term future of AI.
Call Number: Treatise ; KF390.5.C6 A99 2024ISBN: 9781639054930Publication Date: September 3, 2024
International, Foreign, & Human Rights Law
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Access to Courts for Asylum Seekers and Refugees: State Obligations under the 1951 Refugee Convention
by
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny.In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
Call Number: Treatise ; K3230.R45 D86 2024ISBN: 9780198885597Publication Date: May 8, 2024
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Exploring Environmental Violence: Perspectives, Experience, Expression, and Engagement
by
The contributors to this book represent a wide breadth of scholarly approaches, including law, social and environmental science, engineering, as well as from the arts and humanities. The chapters explore what environmental violence is and does, and the variety of ways in which it affects different communities. The authors draw on empirical data from around the globe, including Ukraine, French Polynesia, Latin America, and the Arctic. The variety of responses to environmental violence by different communities, whether through active resistance or the creative arts, are also discussed, providing the foundation on which to build alternatives to the potentially damaging trajectory on which humans currently find themselves. This book is indispensable for researchers and policymakers in environmental policy and peacebuilding. This title is also available as Open Access on Cambridge Core.
Call Number: Environment ; HV6401 .E975 2024ISBN: 9781009417143Publication Date: May 9, 2024
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The Global Fight Against LGBTI Rights
by
An in-depth look at the global movement to curtail LGBTI rights--and how the LGBTI movement responds to it . In the past three decades, remarkable progress has been made in numerous countries for the rights of individuals marginalized due to their sexual orientation and gender identity. The advancements in LGBTI rights can largely be attributed to the tireless efforts of the transnational LGBTI-rights movement, forward-thinking governments in pioneering nations, and the evolving human rights frameworks of international organizations. However, this journey towards equality has been met with formidable opposition. An increasingly interconnected and globally networked resistance, backed by religious-nationalist elements and conservative governments, has emerged to challenge LGBTI and women's rights, even seeking to reinterpret and co-opt international human rights law. In The Global Fight Against LGBTI Rights, authors Phillip M. Ayoub and Kristina Stoeckl investigate this complex landscape, drawing from over a decade of in-depth fieldwork and over 240 interviews with LGBTI activists, anti-LGBTI proponents, and various state and international organization actors. The authors explore the mechanisms and strategies employed by the conservative transnational movement, seeking to understand its composition and the construction of its agenda. With a wealth of empirical evidence and insightful analysis, this book is a valuable resource for scholars, policymakers, activists, and anyone interested in understanding the ongoing global battle for LGBTI rights.
Call Number: Treatise ; HQ76.4 .A96 2024ISBN: 9781479824809Publication Date: June 18, 2024
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Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation
by
A study of Indian indentured labor in Mauritius, British Guiana, and Trinidad that explores the history of indenture's normalization. In this book, historian Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of "freedom" in a post-abolition world.
Call Number: Treatise ; HD4875.G7 C56 2024ISBN: 9780226833644Publication Date: June 6, 2024
Legal Education
-
Artificial Intelligence: Legal Issues, Policy, and Practical Strategies
by
An essential and practical guide to navigate the rapidly evolving laws and policies of Artificial Intelligence. Artificial Intelligence (AI) is transforming our world at a breakneck pace, including the practice of law. The recent rapid development of generative AI, which produces new outputs based on the data it has been trained on and prompts from users, has been heralded as a revolutionary intellectual and technological development. AI has the potential to improve many aspects of the practice of law, including increasing the speed at which many tasks can be done, boosting productivity, and reducing the amount of time spent on routine tasks. In addition, AI can help to solve one of the most pressing problems facing our legal system - the large number of people who are not able to afford a lawyer and must try to navigate the legal system on their own. There also are significant challenges with the use of AI in the legal profession, including AI's yet undetermined accuracy in drafting legal documents; its potential to undermine confidentiality, privacy and security; the capacity to introduce and perpetuate bias; and its impact on the structure of law firms. Additional concerns include the impact of AI on intellectual property rights; how law schools can best prepare students for this new AI-enabled future; and whether advances in AI will meaningfully reduce the number of attorneys that are needed to serve their clients. Governments and private organizations are grappling with how to develop laws, regulations and rules that will govern the use and functionality of AI systems. In order to address these issues, this book contains reflections and chapters by a group of more than 40 preeminent AI and legal experts from in-house legal departments; private practice; non-profits; academia; government, and the judiciary. The book covers a wide range of important topics concerning AI and the law and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues. The topics include: A primer on key AI concepts; Overarching legal issues, including AI governance and ethics; AI and law practice management, including the use of digital assistants, AI use cases for lawyers, and paths to the responsible use of AI by lawyers; AI and the courts and how AI can be used to close the justice gap; Intellectual property issues, as well as issues at the intersection of AI and the Internet of Things (IoT); The impact of AI on employment law and the workplace; Specific types of AI risks, including cybersecurity, privacy, and national security; AI and the law from the perspective of practitioners in Europe; The long-term future of AI.
Call Number: Treatise ; KF390.5.C6 A99 2024ISBN: 9781639054930Publication Date: September 3, 2024
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Exploring Conflict over the Professor's Role in U. S. Legal Education: Theory V. Practice
by
In the United States, the professionalization of the role of the law professor, along with the professionalization of the legal field in general, began in the late nineteenth century and continued into the twentieth century. Although the current role of the law professor is well-established as mainly academic, it has also been the subject of much controversy throughout the decades, and the longstanding critique of legal education as impractical preparation for the practice of law acquired new intensity and significance after the economic meltdown of 2008. This monograph opens with an overview of post-2008 critiques of U.S. legal education and their implications for the role of the law professor. The project then offers historical background on legal education in mainland Europe, England, and the U.S. before the late nineteenth century. The book proceeds by examining the development of the law professor role in the U.S. from the late nineteenth century to the present and discusses, in detail, the ongoing conflict between supporters of the scholar model and the practitioner model of the law professor. Several hybrid models also receive attention. Both traditional and contemporary rhetorical theory, including Aristotelian rhetoric, invitational rhetoric, and cooperative rhetoric, inform the discussion. The project, as a treatment of a communication problem in the legal field, concludes with an explanation of how alternative discourse on the subject would be more productive to all stakeholders in legal education.
Call Number: Treatise ; KF272 .P43 2024ISBN: 9781531027841Publication Date: September 1, 2024 -
Inclusive Socratic Teaching: Why Law Schools Need It and How to Achieve It
by
For more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered.
Call Number: Treatise ; KF272 .A43 2024ISBN: 9780520390720Publication Date: June 4, 2024
Legal History
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By the Fire We Carry: The Generations-Long Fight For Justice on Native Land
by
A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country
Call Number: Treatise ; E93 .N19 2024ISBN: 9780063112049Publication Date: September 10, 2024
-
Exploring Conflict over the Professor's Role in U. S. Legal Education: Theory V. Practice
by
In the United States, the professionalization of the role of the law professor, along with the professionalization of the legal field in general, began in the late nineteenth century and continued into the twentieth century. Although the current role of the law professor is well-established as mainly academic, it has also been the subject of much controversy throughout the decades, and the longstanding critique of legal education as impractical preparation for the practice of law acquired new intensity and significance after the economic meltdown of 2008. This monograph opens with an overview of post-2008 critiques of U.S. legal education and their implications for the role of the law professor. The project then offers historical background on legal education in mainland Europe, England, and the U.S. before the late nineteenth century. The book proceeds by examining the development of the law professor role in the U.S. from the late nineteenth century to the present and discusses, in detail, the ongoing conflict between supporters of the scholar model and the practitioner model of the law professor. Several hybrid models also receive attention. Both traditional and contemporary rhetorical theory, including Aristotelian rhetoric, invitational rhetoric, and cooperative rhetoric, inform the discussion. The project, as a treatment of a communication problem in the legal field, concludes with an explanation of how alternative discourse on the subject would be more productive to all stakeholders in legal education.
Call Number: Treatise ; KF272 .P43 2024ISBN: 9781531027841Publication Date: September 1, 2024
-
Family Matters
by
In 1960, consensual sodomy was a crime in every state in America. Fifty-five years later, the Supreme Court ruled that same-sex couples had the fundamental right to marry. In the span of two generations, American law underwent a dramatic transformation. Though the fight for marriage equality has received a considerable amount of attention from scholars and the media, it was only a small part of the more than half-century struggle for queer family rights. Family Matters uncovers these decades of advocacy, which reshaped the place of same-sex sexuality in American law and society - and ultimately made marriage equality possible. This book, however, is more than a history of queer rights. Marie-Amélie George reveals that national legal change resulted from shifts at the state and local levels, where the central figures were everyday people without legal training. Consequently, she offers a new way of understanding how minority groups were able to secure meaningful legal change.
Call Number: Treatise; KF4754.5 .G46 2024ISBN: 9781009284400Publication Date: August 1, 2024
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Forest under Siege: The Story of Old Growth After Gifford Pinchot
by
Gifford Pinchot, Chief of the United States Forest Service (USFS) from 1905 to 1910, marveled at the Cascades' old growth trees. Yet sadly, despite what its namesake championed, no current visitor to the Gifford Pinchot National Forest can see the forest he revered. Instead, by mid-century the USFS dramatically increased allowable timber industry logging for all national forests and began replacing ancient forests with younger, faster-growing trees--alarming changes that threatened the loss of these amazing northwest woodlands as well as some of the distinctive creatures that inhabit them. By 1990 less than thirteen percent of the Pacific Northwest's original old growth remained, and projected USFS plans were to log most of the unprotected remnant by 2023. Focusing primarily on the Gifford Pinchot National Forest, environmental activist Rand Schenk reviewed numerous USFS reports and interviewed its leaders, timber war stakeholders, and prominent environmentalists to examine 100 years of Pacific Northwest forestry. He reveals just how close regional forests came to extinction--discussing why the USFS moved away from decades of stewardship to relentless and unsustainable harvest, consequences of intensive management, and why attempts to replant trees failed. He explores how new laws like the Multiple Use-Sustained Yield Act and surprise discoveries following the Mount St. Helens volcanic eruption slowly initiated change. Finally, he reviews efforts to restore the damage and offers hope for old growth rebirth.
Call Number: Environment ; SD428.G45 S34 2024ISBN: 9781638640257Publication Date: May 31, 2024
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How Government Built America
by
How Government Built America challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country.
Call Number: Treatise ; KF5402 .S525 2024ISBN: 9781009489379Publication Date: May 9, 2024
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Inferior Courts
by
The purpose of the book is to provide a detailed history of the existing and former trial and appellate courts of the United States from 1789 to present (what the Constitution calls the "inferior courts"). The creation and development of the existing federal trial courts is presented on a state-by-state basis, and the creation and development of the existing federal appellate courts is presented on a circuit-by-circuit basis. Also included are the increases in the number of judges of these courts and the development of their jurisdiction. The book is not an account of court decisions.
Call Number: Treatise ; KF8719 .N49 2024ISBN: 9780837743042Publication Date: 2024 -
No Democracy Lasts Forever
by
The Constitution has become a threat to American democracy. Due to its inherent flaws--its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court--Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold. Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world. Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish. Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government. Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.
Call Number: Treatise ; KF4552 .C44 2024ISBN: 9781324091585Publication Date: August 20, 2024
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Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carcereal State
by
The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.
Call Number: Treatise ; KF3891.M2 M45 2024ISBN: 9781503639218Publication Date: June 25, 2024
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The Pregnancy Police: Conceiving Crime, Arresting Personhood
by
Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.
Call Number: Treatise ; KF3760 .H69 2024ISBN: 9780520391062Publication Date: June 4, 2024
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Pressing the Police and Policing the Press
by
In the second half of 2020 and continuing into 2021, protests against racial injustice spread across the United States after the death of George Floyd while in the custody of Minneapolis Police Department officers. Members of the press covered these demonstrations, documenting what transpired and conveying the important messages involved. In so doing, the news media held law enforcement accountable through critical reporting on the actions of the police, with police officers responding in part by intimidating journalists in the field using force and arrest--this in the name of keeping the peace and protecting the public from further harm. What transpired during this troubled time cast a bright light on the contemporary relationship between the press and police in the United States. The relationship between these two fundamental institutions is, however, a long and complicated one, dating back to colonial British North America. In the mid-19th century, (1830s-1850s) both the press and the police began to take their modern forms, and since then have continued to develop, routinely interacting with each other as journalists and police officers often found themselves responding to the same crimes and events. At times, members of both institutions managed to co-exist or even cooperate and made efforts to help one another, while at other times they butted heads to the point of conflict, the professional boundaries between journalists and police officers seemingly blurred. As both the press and the police have fallen under deep scrutiny in more modern times, the present moment marks what is, perhaps, an opportune time to focus on the political, economic, social, and technological problems they face. In "Pressing the Police and Policing the Press," Scott Memmel offers the first book-length study of the history and legal landscape of the press-police relationship. Each chapter focuses on interactions between the press and the police during a particular era, introducing relevant societal context and how both institutions evolved and responded to that context. Memmel concludes his study with recommendations on how, going forward, the press and the police might work together to tackle some of the similar issues they face and better serve the public.
Call Number: Treatise ; KF2750 .M45 2024ISBN: 9780826223067Publication Date: June 28, 2024
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Vicious and Immoral
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The fascinating story of a British army chaplain's buggery trial in 1774 reveals surprising truths about early America. On the eve of the American Revolution, the British army considered the case of a chaplain, Robert Newburgh, who had been accused of having sex with a man. Newburgh's enemies cited his flamboyant appearance, defiance of military authority, and seduction of soldiers as proof of his low character. Consumed by fears that the British Empire would soon be torn asunder, his opponents claimed that these supposed crimes against nature translated to crimes against the king. In Vicious and Immoral, historian John McCurdy tells this compelling story of male intimacy and provides an unparalleled glimpse inside eighteenth-century perceptions of queerness. By demanding to have his case heard, Newburgh invoked Enlightenment ideals of equality, arguing passionately that his style of dress and manner should not affect his place in the army or society. His accusers equated queer behavior with rebellion, and his defenders would go on to join the American cause. Newburgh's trial offers some clues to understanding a peculiarity of the late eighteenth and early nineteenth century: while gay acts were prohibited by law in much of the British empire, the newly formed United States was comparatively uninterested in legislating against same-sex intimacy. McCurdy imagines what life was like for a gay man in early America and captures the voices of those who loved and hated Newburgh, revealing how sexuality and revolution informed one another. Vicious and Immoral is the first book to place homosexuality in conversation with the American Revolution, and it dares us to rethink the place of LGBTQ people in the founding of the nation.
Call Number: Treatise ; HQ76.3.U5 M39 2024ISBN: 9781421448534Publication Date: June 4, 2024
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Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation
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A study of Indian indentured labor in Mauritius, British Guiana, and Trinidad that explores the history of indenture's normalization. In this book, historian Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of "freedom" in a post-abolition world.
Call Number: Treatise ; HD4875.G7 C56 2024ISBN: 9780226833644Publication Date: June 6, 2024
Practice of Law
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Artificial Intelligence: Legal Issues, Policy, and Practical Strategies
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An essential and practical guide to navigate the rapidly evolving laws and policies of Artificial Intelligence. Artificial Intelligence (AI) is transforming our world at a breakneck pace, including the practice of law. The recent rapid development of generative AI, which produces new outputs based on the data it has been trained on and prompts from users, has been heralded as a revolutionary intellectual and technological development. AI has the potential to improve many aspects of the practice of law, including increasing the speed at which many tasks can be done, boosting productivity, and reducing the amount of time spent on routine tasks. In addition, AI can help to solve one of the most pressing problems facing our legal system - the large number of people who are not able to afford a lawyer and must try to navigate the legal system on their own. There also are significant challenges with the use of AI in the legal profession, including AI's yet undetermined accuracy in drafting legal documents; its potential to undermine confidentiality, privacy and security; the capacity to introduce and perpetuate bias; and its impact on the structure of law firms. Additional concerns include the impact of AI on intellectual property rights; how law schools can best prepare students for this new AI-enabled future; and whether advances in AI will meaningfully reduce the number of attorneys that are needed to serve their clients. Governments and private organizations are grappling with how to develop laws, regulations and rules that will govern the use and functionality of AI systems. In order to address these issues, this book contains reflections and chapters by a group of more than 40 preeminent AI and legal experts from in-house legal departments; private practice; non-profits; academia; government, and the judiciary. The book covers a wide range of important topics concerning AI and the law and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues. The topics include: A primer on key AI concepts; Overarching legal issues, including AI governance and ethics; AI and law practice management, including the use of digital assistants, AI use cases for lawyers, and paths to the responsible use of AI by lawyers; AI and the courts and how AI can be used to close the justice gap; Intellectual property issues, as well as issues at the intersection of AI and the Internet of Things (IoT); The impact of AI on employment law and the workplace; Specific types of AI risks, including cybersecurity, privacy, and national security; AI and the law from the perspective of practitioners in Europe; The long-term future of AI.
Call Number: Treatise ; KF390.5.C6 A99 2024ISBN: 9781639054930Publication Date: September 3, 2024
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A Freelance Lawyer's Guide to Financial Success
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This book provides aspiring and seasoned lawyers seeking independence and flexibility a comprehensive guide to launching and sustaining a successful freelance law practice. Authored by a seasoned legal freelancer, this book delves into the nuts and bolts of navigating the landscape of self-employment in the legal field. From providing an understanding of the legal freelancing landscape and outlining the initial steps of setting up a freelance practice to mastering the intricacies of client acquisition and financial management, this book serves as a roadmap for those embarking on the journey of legal entrepreneurship. Packed with practical advice, real-life case studies, and actionable tips, this book is an indispensable resource for anybody aspiring to achieve financial success and professional fulfillment as a legal freelancer.
Call Number: Legal Careers ; KF300.5 .W47 2024ISBN: 9781639054879Publication Date: September 3, 2024 -
How to Be a Star Associate
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"Most of what makes a lawyer a star involves smart choices, hard work, and the ability to relate to people. You also need skills to succeed in a law firm that you probably did not learn in law school. You can develop those skills, and this book can help you." So says James J. McDonald, Jr., author of How to Be a Star Associate: A Guide to Excelling in Your Early Legal Career. Applying lessons learned during his forty years of law practice, and from hiring, training and mentoring dozens of lawyers, McDonald shows new lawyers and lawyers-to-be how to survive and thrive in today's larger law firms. From picking the right firm, to getting the job, to learning the craft of practicing law, to finding the right mentors, to learning how to write persuasively, to going to court, to managing the workload to stay busy without becoming overwhelmed, this book covers all of the basics of law firm associate life. It also shows lawyers how to provide five-star client service in a two-and-a-half-star world, how to hone their client development skills in the "internal marketplace" in their law firm, and how to be thinking about business development from day one. This book provides a practical guide for lawyers who hope someday to become successful partners in their law firms.
Call Number: Legal Careers ; KF300 .K45 2024ISBN: 9781639054619Publication Date: 2024 -
The Productive In-House Lawyer: Tips, Hacks, and the Art of Getting Things Done
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Sterling Miller tackles a common challenge facing in-house lawyers: how to become more productive without working more. This guide sets out a practical path to enhance and increase productivity for yourself and for the in-house legal department. To help you get things done, the book includes sample checklists, an agenda, websites, and apps.
Call Number: Legal Practice ; KF299.I5 M55 2024ISBN: 9781639054817Publication Date: 2024 -
Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers
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Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.
Call Number: Treatise ; KF9640 .S725 2024ISBN: 9781639055166Publication Date: October 22, 2024
Property & Real Estate Law
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By the Fire We Carry: The Generations-Long Fight For Justice on Native Land
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A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country
Call Number: Treatise ; E93 .N19 2024ISBN: 9780063112049Publication Date: September 10, 2024
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Litigating Adverse Possession Cases
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Can a neighborhood Napoleon simply take over, and become the owner of, another neighbor's property? Any attorney even considering approaching an adverse possession case, regardless of which side, must start here. This is the first known book which focuses on just this issue - and from the litigator's point of view. It is a one-stop shop for practitioners, with not only full descriptions of the ins and outs of the elements and potential defenses, and sample pleadings, but also various practical tips, tricks, clues, and ideas for successfully litigating these unusual cases.
Call Number: Treatise ; KF685.A4 G65 2024ISBN: 9781639054381Publication Date: 2024 -
Owning Our Values: Understanding Systemic Racism Through the Lens of Property Law
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Owning Our Values offers a close examination of what "systemic racism" means through the lens of property law, in particular through areas heavily tested on the bar exam. Though systemic racism is not new, the way in which law schools and policy makers are thinking and talking about it has changed dramatically in recent years. Those who come to law school seeking to contribute to the cause of social justice may find themselves disappointed with a first-year curriculum that deals largely with arcane common law cases. In Owning Our Values, Natasha Varyani brings her experience as a doctrinal professor teaching in the fields of Property and Critical Race Theory along with her educational psychology background to approach property law from a different perspective. Each chapter is divided into two parts: one that examines the history of the doctrine and the ways it has been used and the way it has impacted groups based on their race, class, gender, and other identity characteristics. The second section of each chapter contains a suggestion for a skills exercise that provides students and professors with opportunities to see and practice culturally responsive legal skills in context, including a question set from the Next Generation Bar Exam.
Call Number: Treatise ; KF4755 .V37 2024ISBN: 9781531025793Publication Date: July 1, 2024
