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Welcome to the Law Library's New Books libguide. Here you will find selected books added to our collection within the last few months. To search our entire collection, please visit the University of Illinois Library's catalog.
New Books Added November 2020
Accountability in Global Governance by
Call Number: KZ4850 .H57 2020
How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? This book provides a new conceptual framework to study pluralist accountability, whereby third parties holdIOs and their implementing partners accountable for human rights violations.Based on a rich study of UN-mandated operations in Afghanistan, Bosnia and Kosovo, the EU Troika's austerity policy, and Global Public-Private Health Partnerships in India, this book analyzes how competition and human rights vulnerability shape the evolution of pluralist accountability in responseto diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of alternative accountability mechanisms for legitimacy of IOs, this book also argues thatpluralist accountability should not be regarded as a panacea for IOs' legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.
Armed Citizens: The Road from Ancient Rome to the Second Amendment by
Call Number: KF3941 .S58 2020
Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive--and racist--domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli's reinterpretation of those myths during the Renaissance. He then turns to the rise of France's professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens' militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.
The Battle to Stay in America: Immigration's Hidden Front Line by
Call Number: KF4819 .K255 2020
The national debate over American immigration policy has obsessed politicians and disrupted the lives of millions of people for decades. The Battle to Stay in America focuses on Las Vegas, Nevada-a city where more than one in five residents was born in a foreign country, and where the community is struggling to defend itself against the federal government's crackdown on undocumented immigrants. Told through the eyes of an immigration lawyer on the front lines of that battle, this book offers an accessible, intensely personal introduction to a broken legal system. It is also a raw, honest story of exhaustion, perseverance, and solidarity. Michael Kagan describes how current immigration law affects real people's lives and introduces us to some remarkable individuals--immigrants and activists--who grapple with its complications every day. He explains how American immigration law often gives good people no recourse. He shows how under President Trump the complex bureaucracies that administer immigration law have been re-engineered to carry out a relentless but often invisible attack against people and families who are integral to American communities. Kagan tells the stories of people desperate to escape unspeakable violence in their homeland, children separated from their families and trapped in a tangle of administrative regulations, and hardworking long-time residents suddenly ripped from their productive lives when they fall unwittingly into the clutches of the immigration enforcement system. He considers how the crackdown on immigrants negatively impacts the national economy and offers a deeply considered assessment of the future of immigration policy in the United States. Kagan also captures the psychological costs exacted by fear of deportation and by increasingly overt expressions of hatred against immigrants.
Breaking Down Barriers: George McLaurin and the Struggle to End Segregated Education by
Call Number: KF228.M3925 L48 2020
For nearly sixty years, the University of Oklahoma, in obedience to state law, denied admission to African Americans. Only in October 1948 did this racial barrier start to break down, when an elderly teacher named George McLaurin became the first African American to enroll at the university. McLaurin's case, championed by the NAACP, drew national attention and culminated in a U.S. Supreme Court decision. In Breaking Down Barriers, distinguished historian David W. Levy chronicles the historically significant--and at times poignant--story of McLaurin's two-year struggle to secure his rights. Through exhaustive research, Levy has uncovered as much as we can know about George McLaurin (1887-1968), a notably private person. A veteran educator, he was fully qualified for admission as a graduate student in the university's School of Education. When the university denied his application, solely on the basis of race, McLaurin received immediate assistance from the NAACP and its lead attorney Thurgood Marshall, who brilliantly defended his case in state and federal courts. On his very first day of class, as Levy details, McLaurin had to sit in a special alcove, separate from the white students in the classroom. Photographs of McLaurin in this humiliating position set off a firestorm of national outrage. Dozens of other African American men and women followed McLaurin to the university, and Levy reviews the many bizarre contortions that university officials had to perform, often against their own inclinations, to accord with the state's mandate to keep black and white students apart in classrooms, the library, cafeterias and dormitories, and the football stadium. Ultimately, in 1950, the U.S. Supreme Court, swayed by the arguments of Marshall and his co-counsel Robert Carter, ruled in McLaurin's favor. The decision, as Levy explains, stopped short of toppling the decades-old doctrine of "separate but equal." But the case led directly to the 1954 landmark decision in Brown v. Board of Education, which finally declared that flawed policy unconstitutional.
Conflicts in a Nutshell by
Call Number: KF412 .S5 2020 (Practical Skills)
Develop perspective on the conflicts of law arena with Borchers's broad vantage point. Topics covered include issues involving domicile; jurisdiction; adjudication; statute of limitations; foreign law; contract and business cases; torts; "renvoi"; Erie Doctrine; judgments; and family (marriage, dissolution of marriage, property incidents, and custody). Use Conflicts in a Nutshell as an introduction and review tool for students or as a quick refresher and reference tool for lawyers.
The Cycles of Constitutional Time by
Call Number: KF4552 .B345 2020
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through theinterplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end ofthe Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot - the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system.But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again.
The Harmonization and Protection of Trade Secrets in the EU: An Appraisal of the EU Directive by
Call Number: KJE2636 .H37 2020
This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive's aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular. Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book's comprehensive analysis of the Directive and its practical implications invaluable.
Humanitarian Disarmament: An Historical Enquiry by
Call Number: KZ6471 .D86 2020
The humanitarian framing of disarmament is not a novel development, but rather represents a re-emergence of a much older and long-standing sensibility of humanitarianism in disarmament. The Book rejects the 'big bang' theory that presents the Anti-Personnel Landmines Convention 1997, and its successors - the Convention on Cluster Munitions 2008, and the Treaty on the Prohibition of Nuclear Weapons 2017 - as a paradigm shift from an older traditional state-centric approach towards a more progressive humanitarian approach. It shows how humanitarian disarmament has a long and complex history, which includes these treaties. This book argues that the attempt to locate the birth of humanitarian disarmament in these treaties is part of the attempt to cleanse humanitarian disarmament of politics, presenting humanitarianism as a morally superior discourse in disarmament. However, humanitarianism carries its own blind spots and has its own hegemonic leanings. It may be silencing other potentially more transformative discourses.
Human Rights in a Time of Populism by
Call Number: K3239.8 .H86 2018
The electoral successes of right-wing populists since 2016 have unsettled world politics. The spread of populism poses dangers for human rights within each country, and also threatens the international system for protecting human rights. Human Rights in a Time of Populism examines causes, consequences, and responses to populism in a global context from a human rights perspective. It combines legal analysis with insights from political science, international relations, and political philosophy. Authors make practical recommendations on how the human rights challenges caused by populism should be confronted. This book, with its global scope, international human rights framing, and inclusion of leading experts, will be of great interest to human rights lawyers, political scientists, international relations scholars, actors in the human rights system, and general readers concerned by recent developments.
ICSID: an Introduction to the Convention and Centre by
Call Number: K3834 .P37 2020
Based on the authors Hague Lectures on ICSID, this commentary on ICSID and the ICSID Convention provides a detailed introduction to the worlds leading institution devoted to international investment dispute settlement.Fully up-to-date as of September 2019, this book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process ofarbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards.ICSID: An Introduction to the Convention and Centre is an authoritative, essential guide for students, practitioners, policymakers, investors, NGO activists, and journalists with an interest in investor-state dispute settlement.
Informed Consent and Health: A Global Analysis by
Call Number: K3611.I5 I56 2020
Informed consent is the legal instrument that purports to protect an individual's autonomy and defends against medical arbitrariness. Informed Consent and Health highlights that possession of complete information about all relevant aspects of a proposed treatment is integral to the ability of a patient to make an informed choice. With patient choice at both legislative and judicial levels rising to greater levels of prominence, this timely book examines how the tensions between the rights of patients to make choices and the duties of doctors to provide health care are managed.This illuminating book investigates our evolving understanding of informed consent from a range of comparative and international perspectives, demonstrating the diversity of its interpretations around the world.
Internet Intermediaries and Copyright Law: EU and US Perspectives by
Call Number: K1420.5 .K85 2019
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries - service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability.
Law and Leviathan: Redeeming the Administrative State by
Call Number: KF5407 .S835 2020
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
The Law of Law School: The Essential Guide for First-Year Law Students by
Call Number: KF272 .F43 2020 (Practical Skills)
As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don't realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules.
The Legal Legacy of the Special Court for Sierra Leone by
Call Number: KZ1208.S53 A14 2020
This important book considers whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. A leading authority on the application of international criminal justice in Africa, Charles Jalloh argues that the SCSL, as an innovative hybrid international penal tribunal, made useful jurisprudential additions on key legal questions concerning greatest responsibility jurisdiction, the war crime of child recruitment, forced marriage as a crime against humanity, amnesty, immunity and the relationship between truth commissions and criminal courts. He demonstrates that some of the SCSL case law broke new ground, and in so doing, bequeathed a 'legal legacy' that remains vital to the ongoing global fight against impunity for atrocity crimes and to the continued development of modern international criminal law.
Mechanical Choices: The Responsibility of the Human Machine by
Call Number: K5064 .M66 2020
Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges--four in number--are distinguished from each other by the different neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical events in the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailed examination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Negotiating Mughal Law by
Call Number: KNS130.5 .C47 2020
Based on a completely reconstructed archive of Persian, Hindi and Marathi documents, Nandini Chatterjee provides a unique micro-history of a family of landlords in Malwa, central India, who flourished in the region from at least the sixteenth until the twentieth century. By exploring their daily interactions with imperial elites as well as villagers and marauders, Chatterjee offers a new history from below of the Mughal Empire, far from the glittering courts of the emperors and nobles, but still dramatic and filled with colourful personalities. From this perspective, we see war, violence, betrayal, enterprise, romance and disappointment, but we also see a quest for law, justice, rights and righteousness. A rare story of Islamic law in a predominantly non-Muslim society, this is also an exploration of the peripheral regions of the Maratha empire and a neglected princely state under British colonial rule.
Our Democratic First Amendment by
Call Number: KF4770 .B5 2020
The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.
Policing in France by
Call Number: HV8203 .P65 2021
The eminent contributors to a new collection, Policing in France, provide an updated and realistic picture of how the French police system really works in the 21st Century. In most international comparisons France typifies the "Napoleonic" model for policing, one featuring administrative and political centralization, a strong hierarchical structure, distance from local communities, and a high priority on political policing. France has undergone a process of pluralization in the last 30 years. French administrative and political decentralization has reemphasized the role of local authorities in public security policies; the private security industry has grown significantly; and new kinds of governing models (based on arrangements such as "contracts" for service provision) have emerged. In addition, during this period, police organizations have been driven toward central government control through the imposition of performance indicators, and a top-down decision was made to integrate the national gendarmerie into the ministry of interior. The book addresses how police legitimacy differs across socioeconomic, generational, territorial, and ethnic lines. An analysis of the policing of "banlieues" (urban slums) illustrates the convergence of contradictory police goals, police violence, the concentration of poverty, and entrenched opposition to the states' representatives, and questions policing strategies such as the use of identity checks. The collection also frames the scope of community policing initiatives required to deal with the public's security needs and delves into the security challenges presented by terrorist threats and the nuances of the relationship between policing and intelligence agencies. Identifying and explaining the diverse challenges facing French police organizations and how they have been responding to them, this book draws upon a flourishing French-language literature in history, sociology, political science, and law to produce this new English-language synthesis on policing in France.
Policy Instruments in Environmental Law by
Call Number: K3585 .P65 2020
Governments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners.
The Prophet of Modern Constitutional Liberalism: John Stuart Mill and the Supreme Court by
Call Number: KF4749 .H55 2020
John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American constitutional rights tradition of the latter half of the twentieth century. Mill's 'harm principle' inspired the constitutional right to privacy recognized in Griswold v Connecticut, Roe vs Wade and other cases. His defense of freedom of expression influenced Justices Holmes, Brandeis, Douglas, Brennan and others and led to greatly expanded freedom of speech in the twentieth century. Finally, Mill was an ardent feminist whose last important work, The Subjection of Women, was a full-scale and, for its time, radical defense of complete gender equality. This is a book for lawyers who want to understand the intellectual origins of modern constitutional rights, and for political philosophers interested in the constitutional implications of Mill's conception of freedom.
Realizing Reparative Justice for International Crimes: From Theory to Practice by
Call Number: K250 .C64 2020
This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.
Regional Courts, Domestic Politics, and the Struggle for Human Rights by
Call Number: K3240.5 .H346 2020
Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.
Selfless Intervention: Exercising Jurisdiction in the Common Interest by
Call Number: KZ6369 .R96 2020
Should states intervene in situations outside of their own territory in order to safeguard or promote the common good? In this book, Cedric Ryngaert addresses this key question, looking at how the international law of state jurisdiction can be harnessed to serve interests common to theinternational community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns, such as those relating to the global environment and human rights. Such a shift is enabled by the instability of the notion ofjurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. There is no denying that, in the real world, "selfless intervention" by states tends to combine with more insular considerations. This book argues, however, that such considerations do notnecessarily detract from the legitimacy of unilateralism, but may precisely serve to trigger the exercise of jurisdiction in the common interest.
A Third Way: Decolonizing the Laws of Indigenous Cultural Protection by
Call Number: KF8205 .H64 2020
In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.
Unilateral Remedies to Cyber Operations: Self-Deference, Countermeasures, Necessity, and the Question of Attribution by
Call Number: KZ6718 .L34 2020
Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace.
The Unruly Notion of Abuse of Rights by
Call Number: K579.A27 P38 2020
Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.
Virtue, Emotion and Imagination in Law and Legal Reasoning by
Call Number: K212 .V569 2020
What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts- eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include- the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.
What It Means to Be Human: The Case for the Body in Public Bioethics by
Call Number: KF390.5.H85 S64 2020
The natural limits of the human body make us vulnerable and therefore dependent, throughout our lives, on others. Yet American law and policy disregard these stubborn facts, with statutes and judicial decisions that presume people to be autonomous, defined by their capacity to choose. As legal scholar O. Carter Snead points out, this individualistic ideology captures important truths about human freedom, but it also means that we have no obligations to each other unless we actively, voluntarily embrace them. Under such circumstances, the neediest must rely on charitable care. When it is not forthcoming, law and policy cannot adequately respond. What It Means to Be Human makes the case for a new paradigm, one that better represents the gifts and challenges of being human. Inspired by the insights of Alasdair MacIntyre and Charles Taylor, Snead proposes a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent: children, the disabled, and the elderly. To show how such a vision would affect law and policy, he addresses three complex issues in bioethics: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-versus-liberal and secular-versus-religious, Snead recasts debates over these issues and situates them within his framework of embodiment and dependence. He concludes that, if the law is built on premises that reflect the fully lived reality of life, it will provide support for the vulnerable, including the unborn, mothers, families, and those nearing the end of their lives. In this way, he argues, policy can ensure that people have the care they need in order to thrive.
Where Law Ends: Inside the Mueller Investigation by
Call Number: JK526 .W45 2020
In May 2017, Robert Mueller was tapped to lead an inquiry into Russian interference in the 2016 presidential election, coordination by foreign agents with Donald Trump's campaign, and obstruction of justice by the president.?Mueller assembled a "dream team" of top prosecutors, and for the next twenty-two months, the investigation was a black box and the subject of endless anticipation and speculation-until April 2019, when the special counsel's report was released. In Where Law Ends, legendary prosecutor Andrew Weissmann -a key player in the Special Counsel's Office-finally pulls back the curtain to reveal exactly what went on inside the investigation, including the heated debates, painful deliberations, and mistakes of the team-not to mention the external efforts by the president and Attorney General William Barr to manipulate the investigation to their political ends.? Weissmann puts the reader in the room as Mueller's team made their most consequential decisions, such as whether to subpoena the president, whether to conduct a full financial investigation of Trump, and whether to explicitly recommend obstruction charges against him.
New Books Added October 2020
Abuse of Rights in International Arbitration by
Call Number: K2400 .E4 2020
In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSIDarbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a partys chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudicetheir opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms ofabuse.Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration.
Advanced Torts in a Nutshell by
Call Number: KF1250 .K88 2020 (Practical Skills)
A concise and authoritative text on major areas of tort law typically included in Advanced Torts courses and casebooks. It includes defamation, invasion of privacy torts, malicious prosecution, wrongful death, actions for injuries to family relationships, and most of the numerous and increasingly important economic torts.
Attribution in International Law and Arbitration by
Call Number: K2400 .D423 2020
Attribution in International Law and Arbitration clarifies and critically discusses the international rules of attribution of conduct, particularly regarding their application to states under international investment law.It examines the key question of how and to what extent breaches of State obligations, particularly in respect of States' commitments to foreign investors under international investment agreements (IIAs) and bilateral investment treaties (BITs), can be attributed.
Autonomous Weapon Systems and the Law of Armed Conflict by
Call Number: KZ5645.5.A98 M34 2020
For policymakers, this book explains the ramifications under international humanitarian law of a major new field of weapon development with a focus on questions currently being debated by governments, the United Nations and other bodies. Based on a clear explanation of the principles of autonomous systems and a survey of technologies under active development as well as some that are in use today, it provides a thorough legal analysis grounded on a clear understanding of the technological realities of autonomous weapon systems. For legal practitioners and scholars, it describes the legal constraints that will apply to use of autonomous systems in armed conflict and the measures that will be needed to ensure that the efficacy of the law is maintained. More generally, it serves as a case study in identifying the legal consequences of use of autonomous systems in partnership with, or in place of, human beings.
Comparative Privacy and Defamation by
Call Number: K3253.A6 C66 2020
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten.
Competition Law in Developing Countries by
Call Number: K3850 .C46 2020
This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries.
Concise Guide to Legal Research and Writing by
Call Number: KF240 .B678 2020 (Practical Skills)
Featuring Deborah E. Bouchoux's highly regarded assignments, examples, and building-block approach, Concise Guide to Legal Research and Writing, Fourth Edition continues to provide timely coverage of the essential research and writing skills used by today's paralegals.
Constitution-Making under UN Auspices: Fostering Dependency in Foreign Lands by
Call Number: K3165 .S65 2020
This book raises very interesting and important questions about the legitimacy of the contemporary use of United Nations Constitutional Assistance (UNCA) (1989-2018) which birthed in 1949, as trusteeship and was, for this reason, rejected in 1960. Conceptual confusions have turned scholars'and policymakers' attention away from the Western liberal constitution that UNCA internationalizes. The Constitution's salience makes UNCA the most significant post-1989 development - one that promotes the "rule of law," provides the basis for UN/ international territorial administration, and shapesall other developments. During colonialism, foreign states and international organizations starting from the League of Nations, followed by the United Nations, internationalized the Constitution in response to the colonies' supposed incapacities, and ostensibly to promote free markets, rule of law,good governance and civilized standards concerning women, with a view to "civilize" them, and thereby morph them into sovereign states. Post 1960, UNCA has worked essentially to secure debt-relief for poor debtor sovereign states. But it does so, ostensibly to promote the same ends with a view to"modernize" them, thus "strengthening" their supposedly weakened sovereignty, which means, sovereign states experience political domination and control just as they did when they were colonies. This book concludes that UNCA which continues as trusteeship, makes a new addition to the "standards ofcivilization": transparent, inclusive and participatory constitution-making. UNCA violates developing states' right to self-determination. This book provides a new constitutional dimension of trusteeship, one that creates and perpetuates global inequality.
Constitutionalizing World Politics: The Logic of Democratic Power and the Unintended Consequences of International Treaty Making by
Call Number: KZ1301 .M548 2020
The elusive ideal of a world constitution is unlikely to be realized any time soon - yet important steps in that direction are happening in world politics. Milewicz argues that international constitutionalization has gathered steam as an unintended by-product of international treaty making in the post-war period. This process is driven by the logic of democratic power, whereby states that are both democratic and powerful - democratic powers - are the strongest promoters of rule-based cooperation. Not realizing the inadvertent and long-term effects of the specialized rules they design, states fall into a constitutionalization trap that is hard to escape as it conforms with their interests and values. Milewicz's analysis will appeal to students and scholars of International Relations and International Law, interested in international cooperation, as well as institutional and constitutional theory and practice.
Constitutional Revolution by
Call Number: K3165 .J44 2020
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
Criminality at Work by
Call Number: K1705 .C75 2020
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives.
Criminalizing Atrocity: The Global Spread of Criminal Laws Against International Crimes by
Call Number: KZ7145 .B47 2020
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.
Disputed Territories and International Criminal Law by
Call Number: KZ7000 .M35 2020
It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.
Election Interference: International Law and the Future of Democracy by
Call Number: K3304 .O35 2020
Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more "information operations," a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference.
Energy Justice and Energy Law by
Call Number: K3981 .E54 2020
Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights,consumer protection, international law and trade, and in many forms of regional and national energy law and regulation.This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (orparticipation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (orrestorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills,such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a "just" energy transition, as the world confronts the urgent challenges of climate change.
Gay Rights vs. Religious Liberty? : The Unnecessary Conflict by
Call Number: KF4783 .K67 2020
Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made suchclaims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society.Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why eventhose who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recentlyembraced.Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life.It can help reduce the toxic polarization of American politics.
Getting the Whole Truth: Interviewing Techniques for the Lawyer by
Call Number: KF311 .Z35 2020 (Practical Skills)
The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training.Getting the Whole Truth teaches lawyers--from novices meeting their first clients to experienced trial lawyers--effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.
Human Dignity and Human Security in Times of Terrorism by
Call Number: K3249 .H86 2020
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism.
Human Rights and 21st Century Challenges by
Call Number: K3420 .H86 2020
The world is faced with significant and interrelated challenges in the 21st century which threaten human rights in a number of ways. This book examines three of the largest issues of the century - armed conflict, environment, and poverty - and examines how these may be addressed using a humanrights framework. It considers how these challenges threaten human rights and reassesses our understanding of human rights in the light of these issues.This multidisciplinary text considers both foundational and applied questions such as the relationship between morality and the laws of war, as well as the application of the International Human Rights Framework in cyber space.Alongside analyses from some of the most prominent lawyers, philosophers, and political theorists in the debate, each section includes contributions by those who have served as Special Rapporteurs within the United Nations Human Rights System on the challenges facing international human rights lawstoday.
Human Rights Unbound: A Theory of Extraterritoriality by
Call Number: K3240 .R35 2020
This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.
International Commercial Arbitration in Hong Kong by
Call Number: K2400.I58 M38 2020
International Commercial Arbitration in Hong Kong: A Guide provides an essential introduction to commercial arbitration law and practices, focusing on Hong Kong as an example of a model law jurisdiction with a pro-arbitration stance. With the evolution and increasing popularity of dispute resolution in the international arena, one is no longer able to rely purely on knowledge of the local law and practices. This timely book is written in simple English and clearly arranged in a step-by-step format. Newcomers to this legal field will find the principles covered in the book easy to understand. It begins with an overview of the various "Alternative Dispute Resolution" choices available in Hong Kong. The remainder of the book covers all the aspects that one needs to know about commercial arbitration, including the advantages and disadvantages of arbitration in general; the laws and rules; the appointment of a sole arbitrator or a tribunal; the arbitrator's jurisdiction, duties, and authorities, and how they are defined within the Arbitration Ordinance (Cap. 609); the arbitration process; the contents of an arbitral award and the recognition and enforcement of the award; and cost-saving techniques in arbitration.
Jurisprudence in a Globalized World by
Call Number: K230 .J87 2020
In this unique book, leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. Traditionally the central debates surrounding jurisprudence and legal theory are concerned with the elucidation of the particularities of state-law. This innovative book considers that this orthodox picture may no longer be tenable, given the increasing standardization of technologies, systems and information worldwide.
Justice As Message: Expressivist Foundations of International Criminal Justice by
Call Number: KZ7145 .S73 2020
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as "spectacles of didactic legality". However, the expressiveand communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way.Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of thepunitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice orpunishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales.
Just Property: Volume 3: Property in an Age of Ideologies by
Call Number: K720 .P54 2013 v.3
This third and concluding volume of Just Property brings critical accounts of property right up to the present. The book is made up of five pairs of chapters located in five major ideological traditions of modernity: liberalism, libertarianism, social democracy, conservatism, and feminism.� As before, the focus is on particular thinkers and their daring, puzzling and sometimes outrageous views.� The concluding chapter returns to the project's opening questions about property and inequality and about property under the imperative of growth to limits.� If we are to confront the enormous challenges that loom in front of us, we have, above all else, to think again, and quite radically, about the place of property in our collective lives.
Law and Neurodiversity: Youth with Autism and the Juvenile Justice Systems in Canada and the United States by
Call Number: KF480.5.A94 B35 2020
As social perceptions of diversity become more nuanced, awareness of the prevalence of autism has grown. But how do we accommodate natural human neurodiversity within the juvenile justice system? And what are the consequences for young people? Law and Neurodiversity offers invaluable guidance on how autism research can inform and improve juvenile justice policies in Canada and the United States. Both countries rely on decentralized systems of governance to craft and implement law and policy, but their treatment of detained youth with autism differs substantively. This perceptive book examines the history of institutionalization, the evolution of disability rights, and advances in juvenile justice that explicitly incorporate considerations of neurological difference into court practice.
Law for Computer Scientists and Other Folk by
Call Number: K564.C6 H55 2020
This is the first textbook introducing law to computer scientists. The book covers privacy and data protection law, cybercrime, intellectual property, private law liability and legal personhood and legal agency, next to introductions to private law, public law, criminal law and international and supranational law. It provides an overview of the practical implications of law, their theoretical underpinnings and how they affect the study and construction of computational architectures. In a constitutional democracy everyone is under the Rule of Law, including those who develop code and systems, and those who put applications on the market. It is pivotal that computer scientists and developers get to know what law and the Rule of Law require. Before talking about ethics, we need to make sure that the checks and balances of law and the Rule of Law are in place and complied with. Though it is focused on European law, it also refers to US law and aims to provide insights into what makes law, law, rather than brute force or morality, demonstrating the operations of law in a way that has global relevance.
The Law of Corporations in a Nutshell by
Call Number: KF1414.3 .H35 2020
Completely revised and updated, conversational in tone, the book summarizes all major forms of business, not simply the corporation. It features numerous examples to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm, including the emergence of greater concerns for constituencies other than shareholders, as well as the nuts-and-bolts of corporate law. It offers separate consideration of specialized issues raised in closely-held and public corporations. With updated discussion of recent case law, particularly about controlling shareholders and takeovers, the book offers detailed comparison of Delaware and other leading corporate law legislation. The book also covers relevant federal law, including Sarbanes-Oxley, Rule 10b-5, and Section 16(b). Financial and accounting concepts are explained with helpful examples, so that even sociology majors need not fear them.
Legal Perspectives on Sustainability by
Call Number: K3585 .L44 2020
This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability--both as it is now and as it should be in the future.
Legal Tech and the New Sharing Economy by
Call Number: K487.T4 L44 2020
This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies.
Military Assistance on Request and the Use of Force by
Call Number: KZ6397 .D4 2020
In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
Negotiating Civil War: The Politics of International Regime Design by
Call Number: KZ6397 .L68 2020
Civil war has been a fact of political life throughout recorded history. However, unlike inter-state wars, international law has not traditionally regulated such conflicts. How then can we explain the post-1945 emergence and evolution of international treaty rules regulating the conduct of internal armed conflict: the 'Civil War Regime'? Negotiating Civil War combines insights derived from Realist, Rationalist, Liberal, and Constructivist approaches to International Relations to answer this question, revisiting the negotiation of the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. This study provides a rigorous, critical account of the making of the Civil War Regime. Sophisticated and persuasive, it illustrates the complex interplay of material, ideational, social, and strategic factors in shaping these rules with important lessons for the making and unmaking of international law in a rapidly shifting international political, economic, and security environment.
Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism by
Call Number: KF5050 .C76 2020
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
The Oxford Handbook of Children and the Law by
Call Number: KF3735 .O98 2020
The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status ofgamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers;schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy.
The Oxford Handbook of Criminal Process by
Call Number: K5401 .O94 2019
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. Itcontinues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbookprovides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution,evidence, adjudication, and appeal.
The Palgrave Handbook of Applied Ethics and the Criminal Law by
Call Number: K5018 .P355 2019
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state's imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Pluralism or Universalism in International Copyright Law by
Call Number: K1420.5 .P64 2019
Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law.
Private Security and the Modern State by
Call Number: HV8290 .P75 2019
Based on extensive research in several international contexts, this volume provides a nuanced assessment of the historical evolution of private security and its fluid, contested and mutually constitutive relationship with state agencies, public policing and the criminal justice system. This book provides an overview of the history of private security provision in its multiple forms including detective agencies, insurance companies, moral campaigners, employers' associations, paramilitary organizations, self-protection and vigilantism. It also explores the historical evolution of private policing and security provision in a diverse set of temporal, national and international contexts and compares the interactions between public and private security bodies, structures, strategies and practices in different countries, cultures and settings. In doing so, the volume fills the existing gaps in historical knowledge about the emergence of private and public security organizations and provides a more robust understanding of changes in the division of responsibility for security provision, law enforcement and punishment between public and private institutions. This wide-ranging volume will be of great interest to scholars and students of history, criminology, sociology, political science, international relations, security studies, surveillance studies, policing, criminal justice and law.
Researching the Law: Finding What You Need When You Need It by
Call Number: KF240 .S586 2020 (Practical Skills)
Researching the Law: Finding What You Need When You Need It, Third Edition, guides students through a decidedly contemporary approach to legal research. Widely respected author Amy E. Sloan presents legal research as a process of efficiently filtering a vast quantity of available information. Simply put, students learn how to locate and identify the most pertinent and authoritative information available with the greatest possible expedience. Sloan's clear, concise explanations of essential research sources are presented in a context that speaks to the way lawyers do research today, with a flexible approach that works in a rapidly changing research environment.
Roma Rights and Civil Rights: A Transatlantic Comparison by
Call Number: K3242 .R66 2020
Roma Rights and Civil Rights tackles the movements for - and expressions of - equality for Roma in Central and Southeast Europe and African Americans from two complementary perspectives: law and cultural studies. Interdisciplinary in approach, the book engages with comparative law, European studies, cultural studies, and critical race theory. Its central contribution is to compare the experiences of Roma and African Americans regarding racialization, marginalization, and mobilization for equality. Deploying a novel approach, the book challenges conventional notions of civil rights and paradigms in Romani studies.
Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law by
Call Number: KZ700 .D44 2020
The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized. This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.
The Silent Prologue: How Judicial Philosophies Shape Our Constitutional Rights by
Call Number: KF4550 .R33 2020
The U.S. Constitution contains a series of rights and liberties operating as restrictions on the powers of government, and courts have the final authority to determine what these often nebulous restrictions require. But judges are deeply divided over the correct methodology to follow in making these determinations: different judges employ different judicial philosophies--and may consequently reach different constitutional results. Understanding these methodological disagreements is therefore crucial for anyone wishing to attain a full understanding of our constitutional law, or to appraise the legitimacy of our institutional arrangements--especially that of judicial review. In The Silent Prologue, Ofer Raban provides an engaging examination of the interpretive theories judges use to reach their verdicts. Using key case histories as illustration, Raban illuminates the rationales and assumptions behind competing judicial philosophies that have far-reaching implications for the rights of American citizens. Distributed for George Mason University Press
Social Institutions and International Human Rights Law by
Call Number: K3240 .F727 2020
Having articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States' parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed 'every organ of society' in realising rights.
Statelessness: A Modern History by
Call Number: K7128.S7 S54 2020
The story of how a much-contested legal category--statelessness--transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg's innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
Taking Back the Constitution: Activist Judges and the Next Age of American Law by
Call Number: KF8742 .T87 2020
How the Supreme Court's move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism--a move that would restore to the other branches of government a role in deciding constitutional questions.
That Further Shore: A Memoir of Irish Roots and American Promise by
Call Number: KF373.F44 A3 2020
A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors. John D. Feerick's life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classic American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, That Further Shore, Feerick shares his inspiring story, from his humble beginnings: born to immigrant parents in the South Bronx, going on to practice law, participating in framing the U.S. Constitution's Twenty-Fifth Amendment, serving as dean of Fordham Law, and serving as President of the New York City Bar Association and chair of state commissions on government integrity.
Transitional Justice in Comparative Perspective: Preconditions for Success by
Call Number: K5250 .T73 2020
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
The United Nations and Human Rights by
Call Number: K3240.4 .H844 2020
These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
The US Constitution of 1791 and the Fugitive Slave Clause by
Call Number: KF4545.S5 C65 2020
Norman Coles presents arguments which show that the Fugitive Slave Clause has at least two (and possibly three) meanings. Stewart's arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewart's reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid a historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.
Writing for Litigation by
Call Number: KF250 .B75 2020 (Practical Skills)
Writing for Litigation, Second Edition, explains and shows students how to draft litigation documents like a lawyer. Because litigation practice can't be boiled down to just a few forms, this text provides drafting instruction for the full range of documents used in litigation practice. Authors Kamela Bridges and Wayne Schiess systematically address how audience, purpose, strategy, and ethics factor into the content and tone of effective legal writing at every stage of a case--from client engagement letters to motions, discovery, affidavits, and jury instructions.
New Books Added September 2020
American Roulette: The Social Logic of Death Penalty Sentencing Trials by
Call Number: KF9227.C2 K38 2020
As the death penalty clings to life in many states and dies off in others, this first-of-its-kind ethnography takes readers inside capital trials across the United States. Sarah Beth Kaufman draws on years of ethnographic and documentary research, including hundreds of hours of courtroom observation in seven states, interviews with participants, and analyses of newspaper coverage to reveal how the American justice system decides who deserves the most extreme punishment. The "super due process" accorded capital sentencing by the United States Supreme Court is the system's best attempt at individuated sentencing. Resources not seen in most other parts of the criminal justice system, such as jurors and psychological experts, are required in capital trials, yet even these cannot create the conditions of morality or justice. Kaufman demonstrates that capital trials ultimately depend on performance and politics, resulting in the enactment of deep biases and utter capriciousness. American Roulette contends that the liberal, democratic ideals of criminal punishment cannot be enacted in the current criminal justice system, even under the most controlled circumstances.
Artificial Intelligence As a Disruptive Technology: Economic Transformation and Government Regulation by
Call Number: K564.C6 G57 2020
Artificial intelligence (AI) is the latest technological evolution which is transforming the global economy and is a major part of the "Fourth Industrial Revolution." This book covers the meaning, types, subfields and applications of AI, including U.S. governmental policies and regulations, ethical and privacy issues, particularly as they pertain and affect facial recognition programs and the Internet-of Things (IoT). There is a lengthy analysis of bias, AI's effect on the current and future job market, and how AI precipitated fake news. In addition, the text covers basics of intellectual property rights and how AI will transform their protection. The author then moves on to explore international initiatives from the European Union, China's New Generation Development Plan, other regional areas, and international conventions. The book concludes with a discussion of super intelligence and the question and applicability of consciousness in machines. The interdisciplinary scope of the text will appeal to any scholars, students and general readers interested in the effects of AI on our society, particularly in the fields of STS, economics, law and politics.
Broadcasters' Right in the Digital Era: Copyright Concerns on Live Streaming by
Call Number: K1447.37 .S25 2020
In Broadcasters' Rights in the Digital Era, Sakthivel provides a cogent understanding into a hitherto unchartered territory on the applicability of copyright law on the live streaming of 'entertainment content'- an emerging medium of communication. The book examines in exhaustive breadth the scope of broadcasters' neighbouring rights under the copyright regime in the light of technological advancements vis- -vis authors' right and explores the experiences of EU & USA and then suggests suitable changes to the Indian Copyright regime. Sakthivel employs technological analysis and existence of differential market for different mediums to substantiate the relationship of live streaming and the copyright regime.
The Cambridge Companion to the First Amendment and Religious Liberty by
Call Number: KF4783 .C36 2020
This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.
The Church State Corporation: Construing Religion in US Law by
Call Number: KF4865 .S85 2020
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is "the church," and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how "the church" as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group--whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby--over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the "church-shaped space" in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission.
The Coming Good Society: Why New Realities Demand New Rights by
Call Number: K460 .S388 2020
Two authors with decades of experience promoting human rights argue that, as the world changes around us, rights hardly imaginable today will come into being. A rights revolution is under way. Today the range of nonhuman entities thought to deserve rights is exploding--not just animals but ecosystems and even robots. Changes in norms and circumstances require the expansion of rights: What new rights, for example, are needed if we understand gender to be nonbinary? Does living in a corrupt state violate our rights? And emerging technologies demand that we think about old rights in new ways: When biotechnology is used to change genetic code, whose rights might be violated? What rights, if any, protect our privacy from the intrusions of sophisticated surveillance techniques? Drawing on their vast experience as human rights advocates, William Schulz and Sushma Raman challenge us to think hard about how rights evolve with changing circumstances, and what rights will look like ten, twenty, or fifty years from now. Against those who hold that rights are static and immutable, Schulz and Raman argue that rights must adapt to new realities or risk being consigned to irrelevance. To preserve and promote the good society--one that protects its members' dignity and fosters an environment in which people will want to live--we must at times rethink the meanings of familiar rights and consider the introduction of entirely new rights. Now is one of those times. The Coming Good Society details the many frontiers of rights today and the debates surrounding them. Schulz and Raman equip us with the tools to engage the present and future of rights so that we understand their importance and know where we stand.
Concessionaires, Financiers and Communities by
Call Number: K3248.L36 B48 2020
Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.
Constitutional Law: Principles and Policies by
Call Number: KF4550 .C427 2019 (Practical Skills)
Relied on by students, professors, and practitioners, Erwin Chemerinsky's popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women's Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump
Copyright Protection of Unpublished Works in the Common Law World by
Call Number: K1422 .M37 2020
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining- qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions.
Court of Injustice: Law Without Recognition in U.S. Immigration by
Call Number: KF4822 .S25 2020
Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.
Disability Law for Property, Land Use, and Zoning Lawyers by
Call Number: KF5709.3.H35 M35 2020
More importantly, the author focuses on clearing up the confusion that is often associated with thinking that disability law is really just about designing doorways, bathrooms, and office space. While design issues are important to accessibility, there are many legal issues involved with knowing when certain elements of the law are applicable to a situation and in knowing what needs to be done to avoid claims of discrimination. Failure to comply with these requirements can be costly and can result in years of litigation. This book includes:* Discussion of relevant provisions of the Americans with Disability Act (ADA), the Fair Housing Act (FHA), the Rehabilitation Act (RHA), and the Architectural Barriers Act (ABA) and clear explanation of terms and concepts;* Analysis of all three methods of proving discrimination for failure to comply with disability laws;* Discussion of potential defenses to complaints regarding lack of accessibility--not every request for greater accessibility has to be met, certain criteria apply; and * Numerous examples and illustrations enhance understanding of rules and regulations.
Dispute System Design: Preventing, Managing, and Resolving Conflict by
Call Number: K2390 .A97 2020
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems.
Divided Loyalties: Young Somali Americans and the Lure of Extremism by
Call Number: KF221.P6 W43 2020
Why do people join violent extremist movements? What attracts so many to fight for terrorist groups like al-Shabab, al-Qaida, and the Islamic State? Journalism professor Joseph Weber answers these questions by examining the case of the more than fifty Somali Americans, mostly young men from Minnesota, who made their way to Somalia or Syria, attempted to get to those countries, aided people who did, or financially backed terrorist groups there. Often defying parents who had fled to the United States seeking safety and prosperity for their children, many of these youths ended up dead, missing, or imprisoned. But for every person who went on or attempted this journey believing they were rising to the defense of Islam, more rejected the temptations of terrorism. What made the difference? The book takes a close look at one man from Minneapolis, the American-born son of a couple who had fled Somalia, who came dangerously close to answering the ISIS call. Abdirahman Abdirashid Bashir's cousins and friends had taken up arms for the group and reached out to him to join them. From 2014 to 2016 he and a dozen friends--some still in their teens--schemed to find ways to get to Syria. Some succeeded. In the end, Bashir made a different choice. Not only did he reject ISIS's call, he decided to work with the FBI to spy on his friends and ultimately to testify against them in court. Drawing on extensive interviews, Weber explains why.
Drafting Copyright Exceptions: From the Law in Books to the Law in Action by
Call Number: K1420.5 .H837 2020
How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.
Environmental Resilience and Food Law: Agrodiversity and Agroecology by
Call Number: K3626 .E58 2020
Agrobiodiversity and agroecology go hand-in-hand in promoting environmental resilience in international food systems as well as climate change resilient food policy. This book contextualizes how various legal frameworks address agrobiodiversity and agroecology around the globe and makes it accessible for audiences of students, practitioners, educators, and scholars. Some chapters focus on the legal regulation of agroecology from a food law perspective. Others are geared toward providing regulators, lawmakers and attorneys with the scientific and policy background of those concepts, so that they are equipped in the field of food law in everyday practice and policy. Climate change dimensions of the issues are woven throughout the book.
Evaluating Police Uses of Force by
Call Number: KF5399 .S76 2020
Provides a critical understanding and evaluation of police tactics and the use of force Police violence has historically played an important role in shaping public attitudes toward the government. Community trust and confidence in policing have been undermined by the perception that officers are using force unnecessarily, too frequently, or in problematic ways. The use of force, or harm suffered by a community as a result of such force, can also serve as a flashpoint, a spark that ignites long-simmering community hostility. In Evaluating Police Uses of Force, legal scholar Seth W. Stoughton, former deputy chief of police Jeffrey J. Noble, and distinguished criminologist Geoffrey P. Alpert explore a critical but largely overlooked facet of the difficult and controversial issues of police violence and accountability: how does society evaluate use-of-force incidents? By leading readers through answers to this question from four different perspectives--constitutional law, state law, administrative regulation, and community expectations--and by providing critical information about police tactics and force options that are implicated within those frameworks, Evaluating Police Uses of Force helps situate readers within broader conversations about governmental accountability, the role that police play in modern society, and how officers should go about fulfilling their duties.
Federal Antitrust Policy, the Law of Competition and Its Practice by
Call Number: KF1648 .H68 2020 (Practical Skills)
Nearly all of the aspects of federal antitrust policy are covered in this treatise. And it's written so you don't need a background in economics to understand it. Expert narration states the "black letter" law and presents policy arguments for alternatives. Text also includes an analysis of recent Supreme Court and lower-court decisions.
Feminist Engagement with International Criminal Law by
Call Number: KZ7162 .D69 2019
This work introduces and further develops the feminist strategy of 'norm transfer'- the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism- the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999- thereby showing how the revised version of the ICC definition can be applied in context of the UK.
Free to Move: Foot Voting, Migration, and Political Freedom by
Call Number: K3265 .S66 2020
Ballot box voting is often considered the essence of political freedom. But, it has two major shortcomings: individual voters have little chance of making a difference, and they also face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both of these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet by making decisions about whether to immigrate, where to live within a federal system, and what to purchase or support in the private sector. These three areas are rarely considered together, but Somin explains how they have major common virtues and can be mutually reinforcing. He contends that all forms of foot voting should be expanded and shows how both domestic constitutions and international law can be structured to increase opportunities for foot voting while mitigating possible downsides. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. That implication is an additional reason to be skeptical of these rationales for exclusion. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right.
A General Right to Conscientious Exemption: Beyond Religious Privilege by
Call Number: K3258 .A34 2020
The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation. The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest. The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.
The Human Rights Accountability Mechanisms of International Organizations by
Call Number: KZ4850.3 .J64 2020
International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms.
Impersonating Animals: Rhetoric, Ecofeminism, and Animal Rights Law by
Call Number: K3620 .M83 2020
In 2011, in one sign of a burgeoning interest in the morality of human interactions with nonhuman animals, a panel hosted by the American Association for the Advancement of Science declared that dolphins and orcas should be legally regarded as persons. Multiple law schools now offer classes in animal law and have animal law clinics, placing their students with a growing range of animal rights and animal welfare advocacy organizations. But is legal personhood the best means to achieving total interspecies liberation? To answer that question, Impersonating Animals evaluates the rhetoric of animal rights activists Steven Wise and Gary Francione, as well as the Earth jurisprudence paradigm. Deploying a critical ecofeminist stance sensitive to the interweaving of ideas about race, gender, class, sexuality, ability, and species, author S. Marek Muller places animal rights rhetoric in the context of discourses in which some humans have been deemed more animal than others and some animals have been deemed more human than others. In bringing rhetoric and animal studies together, she shows that how we communicate about nonhuman beings necessarily affects relationships across species boundaries and among people. This book also highlights how animal studies scholars and activists can and should use ideological rhetorical criticism to investigate the implications of their tactics and strategies, emphasizing a critical vegan rhetoric as the best means of achieving liberation for human and nonhuman animals alike.
International Business Transactions in a Nutshell by
Call Number: K3943 .W54 2020 (Practical Skills)
This work examines the law and practices relevant to the principal forms of international business and commercial transactions. It includes chapters on negotiating business transactions; the law governing international sales of goods; structuring international sales transactions; the function and substance of international commercial terms; the law governing the international transportation of goods; financing international business transactions, especially through letters of credit; electronic transactions and the protection of data privacy; technology transfers; the initiation, operation, and termination of, as well as the limitations imposed on, foreign investments; property takings, including the options for protecting against and remedies for such actions; the extraterritorial regulation of international business; anti-corruption law; and the resolution of international disputes, whether through litigation in domestic court or through international arbitration.
International Project Finance in a Nutshell
Call Number: K3820 .N54 2020 (Practical Skills)
The book provides a basic introduction to the legal and financial issues that arise at each stage of a project finance transaction. It contains a comprehensive overview of the concept of project finance and includes extensive coverage of the overall legal structure and the key clauses in both project and finance documents. It also has chapters on project preparation, procurement, sources of finance, financial and credit support issues, restructuring, and investment dispute settlement. The Third Edition includes new material on (1) recent guidelines in the environmental, social and human rights fields that impact project preparation and implementation; (2) the huge increase in Chinese financing of infrastructure as part of China's Belt and Road Initiative; (3) the impact of the discontinuation of the use of LIBOR as the benchmark for syndicated loan pricing; (4) new developments in the financing of renewable energy projects; (5) the general impact of the 2017 changes in US tax law on international project finance transactions; and (6) recent developments in the use of investor-state arbitration as a means to resolve investment disputes. The book and its appendices also feature useful checklists for risk analysis, due diligence, concession and loan agreement terms, credit support, methods of evaluating source of finance, tax and accounting issues, and sources of additional reference material on project finance.
Intervention in Libya: The Responsibility to Protect in North Africa by
Call Number: KZ6795.L53 W47 2020
The 2011 crisis in Libya represents the first case in which the international community invoked 'the Responsibility to Protect' principle, adopted in 2005 by UN member states, to justify coercive measures including sanctions and the use of military force. In this study, Karin Wester meticulously reconstructs and analyzes the evolution of the Libyan crisis, the international community's response, and the manner in which the 'Responsibility to Protect' was applied. Drawing on a wide variety of primary sources including in-depth interviews with politicians and diplomats, this comprehensive account of the 2011 intervention in Libya redresses popular narratives asserting that the intervention was driven primarily by western (neo-colonial) interests or by a desire for regime change. Instead, Wester reveals how the 'Responsibility to Protect' principle was realized to a considerable extent, but also how it provided a highly fragile basis for military enforcement action. Incorporating perspectives from international law, political science and history, this is a compelling and thought-provoking examination of the real-world application of a principle that is deeply rooted in history but presents daunting challenges in implementation.
Introduction to the Study and Practice of Law in a Nutshell by
Call Number: KF273 .H4 2020 (Practical Skills)
"There are two things wrong with almost all legal writing. One is style. The other is content." Professor Fred Rodell, Yale, 1936. We can't do much about content. You'll have to know how the common law system works, how to read and brief cases, how to study and take exams, how to write and argue law and how lawsuits are tried. We can do something about style. There's advice and illustrations. You'll throw pots, working your first case, making your first argument, briefing cases, taking exams, and writing memos. This is not for the faint hearted nor is law school. Think like a lawyer. I won't be a bore. I'll tell jokes, some of which are actually funny. I'll challenge you intellectually. Where does law come from? Should judges follow precedent? What if your client wants to pave Paradise and put in a parking lot? If you love ideas you'll love this book and you'll love law school. (If you love people you'll love practice.)
Judicial Selection in the States: Politics and the Struggle for Reform by
Call Number: KF8776 .K75 2020
Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.
Law Applicable to Armed Conflict by
Call Number: KZ6385 .B64 2020
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
The Law of Agricultural Land Preservation in the United States by
Call Number: KF1686 .D36 2018
Agriculture is one of America's leading industries, generating $835 billion in economic activity in 2014--about 5 percent of the nation's gross domestic product--and employing more than 9 percent of the nation's workforce. Yet until now, there -been no single volume on the law of agricultural land preservation. The Law of Agricultural Land Preservation in the United States covers the legal principles, federal and state legal requirements, and legal issues that have arisen in the implementation of public and private agricultural preservation programs, federal tax and estate laws, court cases, and landowner financial issues and options that affect agricultural land preservation efforts. Agricultural land preservation can help farmers and ranchers by providing needed capital to strengthen the profitability of the agricultural operation, facilitate the transfer of the farm or ranch to the next generation, and offer an alternative to selling land for development. This book provides practical, current guidance for attorneys advising landowning clients who wish to explore agricultural land preservation options, in addition to those who advise private, nonprofit land trusts or government agencies that preserve farmland. Written by an attorney and a land planner, both with extensive experience in agricultural land preservation, the book covers all essential issues, including: - Federal power to preserve agricultural land- Constitutional limits on the exercise powers of preservation- Conservation easements and federal law- Estate planning for transferring of land to the next generation- Federal agricultural land preservation programs- State and local government farmland preservation programs- Land trusts- Integrating land preservation and land protection programs- Future challenges in preserving agricultural land, and more
Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word by
Call Number: KF250 .B33 2020 (Practical Skills)
"Effective legal writing calls not only for artistry but also for scientific understanding. Legal wordsmiths turned words and phrases into finely tuned aphorisms, just as van Gogh and Matisse turned blank canvases into brilliant combinations of color and light. Unlike most forms of art, however, effective legal writing serves primarily to explain and persuade. You cannot easily explain or persuade without considering how your intended audience will process your words. Thinking about the intended reader is natural. Is your brief going to a court overwhelmed by filings? Is the assigned judge likely to read the brief once or to reread it many times? Are opinions by the assigned judge long or short?"--
Local Citizenship in a Global Age by
Call Number: KF4700 .S73 2020
Although it is usually assumed that only the federal government can confer citizenship, localities often give residents who are noncitizens at the federal level the benefits of local citizenship: access to medical care, education, housing, security, labor and consumer markets, and even voting rights. In this work, Kenneth A. Stahl demonstrates that while the existence of these 'noncitizen citizens' has helped to reconcile competing commitments within liberal democracy to equality and community, the advance of globalization and the rise of nationalist political leaders like Donald Trump has caused local and federal citizenship to clash. For nationalists, localities' flexible approach to citizenship is a Trojan horse undermining state sovereignty from within, while liberals see local citizenship as the antidote to a reactionary ethnic nationalism. This book should be read by anyone who wants to understand why citizenship has become one of the most important issues in national politics today.
Maritime Security and the Law of the Sea by
Call Number: KZA1145 .M243 2020
Exploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda.
Multi-Actor Human Rights Protection at the International Criminal Court by
Call Number: KZ7312 .I78 2020
Conversations about the involvement of States in the workings of the International Criminal Court often focus on the role of State cooperation in enabling the ICC to carry out criminal trials. However, there is a dimension to this cooperation that is underexplored. Whenever the ICC relies on the assistance of States, or States otherwise become involved in its functioning, the human rights of accused and witnesses involved in proceedings may be adversely affected. The simultaneous involvement of the ICC, ICC States Parties, and the ICC host State - whilst essential and unavoidable - can insert ambiguity and uncertainty into the protection of individuals, leaving the door open for human rights violations. This book explores this phenomenon of multi-actor human rights protection at the ICC. By setting out the relevant obligations of the different actors, the book highlights potential problems in human rights protection and proposes ways to mitigate them.
Natural Law Ethics in Theory and Practice by
Call Number: K240 .B69 2020
"This volume presents a selection of previously published essays by Joseph Boyle, a crucial contributor to 20th century Catholic moral philosophy through his development of the New Classical Natural Law Theory"--
Negotiating Transitional Justice: Firsthand Lessons from Colombia and Beyond by
Call Number: KZ6787 .F74 2020
The recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter insurgency war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the 'devil's dilemma' of negotiating peace with justice implausible but feasible.
Own the Map: Marketing Your Law Firm's Address Online by
Call Number: KF316.5 .S22 2020 (Practical Skills)
Nearly half the people who seek legal counsel choose a lawyer based primarily on where that attorney happens to be physically located. If done well, marketing campaigns - including search engine optimization, pay-per-click, remarketing, email, and social media - employ a precise local facet. Precision location targeting through these various channels transforms advertising costs into marketing investments. This book takes a detailed trip into the mind of the prospective legal customer. And in legal, that customer is almost always local. Own the Map highlights actionable marketing tactics that successful law firms employ to capitalize on the consumer preference for the convenience of location.
Patent Games in the Global South: Pharmaceutical Patent Law-Making in Brazil, India and Nigeria by
Call Number: K1519.D78 V36 2019
In this thought-provoking analysis, the author takes three examples of emerging markets (Brazil, India, and Nigeria) and tells their stories of pharmaceutical patent law-making. Adopting historiographical and socio-legal approaches, focus is drawn to the role of history, social networks and how relationships between a variety of actors shape the framing of, and subsequently the responses to, national implementation of international patent law. In doing so, the book reveals why the experience of Nigeria o a country active in opposing the inclusion of IP to the WTO framework during the Uruguay Rounds o is so different from that of Brazil and India. This book makes an original and useful contribution to the further understanding of how both states and non-state actors conceptualise, establish and interpret pharmaceutical patents law, and its domestic implications on medicines access, public health and development.
Patent Remedies and Complex Products by
Call Number: K1505 .P379 2019
Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.
Practical Legal English: Writing as a U.S. Lawyer by
Call Number: KF250 .H637 2019 (Practical Skills)
In this concise book, Craig Hoffman offers practical guidance to non-U.S. lawyers on how to read, analyze, and write U.S. Legal English. Hoffman writes from the perspective of both an attorney and a trained linguist. His advice is grounded on years of experience at Georgetown University Law Center, where Hoffman has introduced hundreds of foreign LL.M. students to the ways that U.S. lawyers use language to communicate about the law.
Principles of Natural Resources Law by
Call Number: KF 5505 .Z45 2020 (Practical Skills)
This Concise Hornbook is a comprehensive yet concise user-friendly treatise on important natural resources law issues. It surveys cases, statutes, regulations, legal developments, and policies that have shaped, and will continue to influence, natural resources law throughout the 20th century and the early 21st century. Topics include resource economics, jurisdictional constraints, the National Environment Policy Act (NEPA), wildlife, public lands, preservation, recreation, rangeland, timber, mining, and energy. The 2nd edition provides expanded treatment of climate-related issues and a new chapter on renewable energy law, and it updates the changes in natural resources policy instigated by the Trump Administration since 2017.
The Reasonable Robot: Artificial Intelligence and the Law by
Call Number: K564.C6 A23 2020
Today, artificial intelligence (AI) and people do not compete on a level playing field. From a safety perspective, AI may be the best choice for driving a vehicle, but laws often prohibit driverless vehicles. At the same time, a person may be better at packing boxes at a warehouse, but a business may automate because AI receives preferential tax treatment. Or, AI may be better at helping businesses to innovate, but these same businesses may not want to use AI if doing so restricts future intellectual property rights. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between people and AI when they are performing the same tasks, a legal standard that will help to eliminate market distortions and to ensure that decisions are made on the basis of efficiency.
Revolutionary Constitutionalism: Law, Legitimacy, Power by
Call Number: K3165.A6 R48 2018
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions- Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it o but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today- from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.
Rhetoric, Persuasion, and Modern Legal Writing by
Call Number: KF250 .P67 2020 (Practical Skills)
Classical, rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques, "invention" (creation of arguments), "arrangement" (organization), and "style" (word choice) in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court's rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. Because of this, their opinions have endured, at least in part, and while modern speakers may not recall the authors, they understand and embrace the ideas expressed in their legal writings and continue to apply it to current debates. This book can be used by practicing lawyers as well as academics not only to study legal writing techniques but also as a tool to improve their own.
The Rise of Law and Economics: An Intellectual History by
Call Number: K487.E3 P75 2020
This is a history--though, intentionally, a brief history--of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field's relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field--Ronald Coase, Guido Calabresi, and Richard Posner--and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991.
Same-Sex Parenting and the Best Interests Principle by
Call Number: K700 .B73 2020
This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.
Small Teaching Online: Applying Learning Science in Online Classes by
Call Number: LB1028.5 .D322 2019 (Practical Skills)
Find out how to apply learning science in online classes The concept of small teaching is simple: small and strategic changes have enormous power to improve student learning. Instructors face unique and specific challenges when teaching an online course. This book offers small teaching strategies that will positively impact the online classroom. This book outlines practical and feasible applications of theoretical principles to help your online students learn. It includes current best practices around educational technologies, strategies to build community and collaboration, and minor changes you can make in your online teaching practice, small but impactful adjustments that result in significant learning gains. * Explains how you can support your online students * Helps your students find success in this non-traditional learning environment * Covers online and blended learning * Addresses specific challenges that online instructors face in higher education Small Teaching Online presents research-based teaching techniques from an online instructional design expert and the bestselling author of Small Teaching.
Smoke but No Fire: Convicting the Innocent of Crimes that Never Happened by
Call Number: KF9756 .H46 2020
The first book to explore a shocking yet all-too-common type of wrongful conviction--one that locks away innocent people for crimes that never actually happened. Rodricus Crawford was convicted and sentenced to die for the murder by suffocation of his beautiful baby boy. After years on death row, evidence confirmed what Crawford had claimed all along: he was innocent, and his son had died from an undiagnosed illness. Crawford is not alone. A full one-third of all known exonerations stem from no-crime wrongful convictions. The first book to explore this common but previously undocumented type of wrongful conviction, Smoke but No Fire tells the heartbreaking stories of innocent people convicted of crimes that simply never happened. A suicide is mislabeled a homicide. An accidental fire is mislabeled an arson. Corrupt police plant drugs on an innocent suspect. A false allegation of assault is invented to resolve a custody dispute. With this book, former New York City public defender Jessica S. Henry sheds essential light on a deeply flawed criminal justice system that allows--even encourages--these convictions to regularly occur. Smoke but No Fire promises to be eye-opening reading for legal professionals, students, activists, and the general public alike as it grapples with the chilling reality that far too many innocent people spend real years behind bars for fictional crimes.
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II by
Call Number: KZ1176.5 .H57 2020
Organized in the immediate aftermath of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in this immersive, gripping, and ground-breaking book, a major piece of the Nuremberg story has routinely been omitted from standard accounts: the part the Soviet Union played in making the trials happen in the first place.
State and Local Taxation: Principles and Planning by
Call Number: KF6297 .S73 2020
In recent years, stunning advances in telecommunications, capital mobility, and distribution channels have not only greatly increased the number of transactions and ventures subject to multiple taxation, but also have made it easier to plan around such taxes. Tax and legal professionals, entrepreneurs, and business managers must have a fundamental understanding of the state and local tax implications of key transactions. State and Local Taxation: Principles and Planning, Third Edition covers the important tax issues of today's global business environment.
States of Justice: The Politics of the International Criminal Court by
Call Number: KZ7312 .B3 2020
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts.
Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States by
Call Number: KF4819 .K738 2020
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations--although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America's self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent--the first social, political, and legal history of ideological exclusion and deportation in the United States--Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government's authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
Treaties in Motion: The Evolution of Treaties from Formation to Termination by
Call Number: KZ1301 .F58 2020
The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.
When Protest Becomes Crime: Politics and Law in Liberal Democracies by
Call Number: K1700 .T47 2020
How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters.The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time.Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
Why Associations Matter: The Cas for First Amendment Pluralism by
Call Number: KF4778 .S54 2020
First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university's policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan's argument centers upon what he calls the "First Amendment Dichotomy" in the Court's theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature--and guaranteeing this fundamental right its proper place in American society.
New Books Added August 2020
Ableism at Work: Disablement and Hierarchies of Impairment by
Call Number: K637 .H365 2020
The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.
Abortion in America: Roe v. Wade to the Present by
Call Number: KF3771 .Z54 2020
With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.
Accountability, International Business Operations and the Law by
Call Number: K1329.5 .A23 2020
A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legal-doctrinal approaches with comparative, interdisciplinary and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and socio-political debate in the fast evolving field of international corporate social responsibility and accountability.
Administrative Burden: Policymaking by Other Means by
Call Number: JK421 .H396 2018
Bureaucracy, confusing paperwork, and complex regulations--or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens--often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In Administrative Burden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people's perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector.
Animal Labour: A New Frontier of Interspecies Justice? by
Call Number: K3620 .A538 2020
Is animal labour inherently oppressive, or can work be a source of meaning, solidarity, and social membership for animals? This challenging question drives this thought-provoking collection which explores the possibilities and complexities of animal labour as a site for interspecies justice. The book assembles an international and interdisciplinary group of scholars who carefully grapple with the many facets, implications, and entanglements of animal labour, and who, crucially, place animals at the heart of their analyses. Can animals engage in good work and have humane jobs? What kinds of labour rights are appropriate for animal workers? Can animals consent to work? Would recognizing animals as workers improve their legal and political status, or simply reinforce the perception that they are beasts of burden? Can a focus on labour help to create or deepen bonds between animal advocates and other social justice movements? While the authors present a range of views on these questions, their contributions make clear that labour must be taken seriously by everyone interested in more just and ethical multispecies futures.
Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon by
Call Number: KF8745.S33 P87 2020
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment.
Big Data Political Campaigning and the Law by
Call Number: K3264.C65 B54 2020
In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters' privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy, and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.
Climate Change, Disasters and the Refugee Convention by
Call Number: KZ6530 .S36 2020
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.
Comparative Law and Legal Traditions: Historical and Contemporary Perspectives by
Call Number: K559 .M68 2019
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one's own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world.
Computer Games and Immersive Entertainment: Next Frontiers in Intellectual Property Law by
Call Number: KF3024.C6 C625 2019
The intersection between intellectual property law and video games and immersive entertainment is exciting, fast-paced, and complex, as technology evolves at breakneck speed and often outpaces established case law. Game developers routinely wrestle with all aspects of IP law and need counsel on end-user license agreements; ownership and challenges of user-generated content; the scope and limitations of copyright protection; remedies for trade secret appropriation; duration of right of publicity protection; approaches for simulating reality without running afoul of existing trademark and brand rights of real-world companies and people; ramifications of international law; and more. This new edition of the treatise Computer Gomes and Immersive Entertainment covers a broader range of topics and helps lawyers understand the ongoing changes, developing creative and nimble solutions to protect companies while still engaging the players. Book jacket.
Counsel and Command in Early Modern English Thought by
Call Number: DA300 .P34 2020
While it has often been recognised that counsel formed an essential part of the political discourse in early modern England, the precise role that it occupied in the development of political thinking has remained obscure. This comprehensive and rigorous study of early modern English political counsel establishes the importance of the relationship between political counsel and the discourse of sovereignty. Tracing the changes and evolution of writings on political counsel during the 'monarchy of counsel', from the end of the Wars of the Roses to the end of the English Civil War, Joanne Paul examines English thought in its domestic and transnational context, providing an original account of the relationship between counsel and emerging conceptions of sovereignty. Formed at the conjunction of the history of political thought and English political history, this book grounds textual analysis within the context of court politics, intellectual and patronage networks, and diplomacy.
Creative Commons for Educators and Librarians by
Call Number: KF3002 .C74 2020
The figures are eye-opening: more than 1.6 billion works on 9 million websites are licensed under Creative Commons (CC). These materials constitute an extraordinarily rich repository for teaching, learning, sharing, and creative reuse. Knowing your way around CC will help you make the most of the Open Access (OA) and open educational resources (OER) movements. This book represents the first-ever print complement to the CC Certificate program, providing in-depth coverage of CC licenses, open practices, and the ethos of the Commons. Inside readers will find guidance on the layers and elements of CC licenses, with clear explanations on how they interact; reusing, revising, and remixing; how to acknowledge the underlying work in a remix; techniques for locating works in the public domain and communicating their value; supporting learners' access to a wide array of open knowledge resources in primary, secondary, and higher education; assessing institutional policies for open education, plus advice on revising these policies; ways to adapt existing openly licensed materials in order to keep your institution's knowledge base relevant and up to date; how to meet the open licensing requirements increasingly present in government and foundation grants and contracts; and hundreds of authoritative resources for additional learning.
Crimmigrant Nations: Resurgent Nationalism and the Closing of Borders by
Call Number: K3275 .C75 2020
As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants--particularly people of color--have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.
Cyber Operations and International Law by
Call Number: KZ6718 .D454 2020
This book offers a comprehensive analysis of the international law applicable to cyber operations, including a systematic examination of attribution, lawfulness and remedies. It demonstrates the importance of countermeasures as a form of remedies and also shows the limits of international law, highlighting its limits in resolving issues related to cyber operations. There are several situations in which international law leaves the victim State of cyber operations helpless. Two main streams of limits are identified. First, in the case of cyber operations conducted by non-state actors on the behalf of a State, new technologies offer various ways to coordinate cyber operations without a high level of organization. Second, the law of State responsibility offers a range of solutions to respond to cyber operations and seek reparation, but it does not provide an answer in every case and it cannot solve the problem related to technical capabilities of the victim.
Defend the Sacred: Native American Religious Freedom Beyond the First Amendment by
Call Number: KF8407 .M37 2020
The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.
The Double-Facing Constitution by
Call Number: K3165.A6 D68 2020
This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.
Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India
Call Number: KNS513.3 .B47 2020
Dynamics of Caste and Law breaks new ground in understanding how caste and law relate in India's democratic order. Caste has become a visible phenomenon often associated with discrimination, inequality and politics in India and globally. India's constitutional democracy has had a remarkable goal of creating equality in a context of caste. Despite constitutional promises with equal opportunities for the lower castes and outlawing of untouchability at the time of independence, recurring atrocities and inadequate implementation of law have called for rethinking and legal change. This book sheds new light on why caste oppression persists by using new theoretical perspectives as well as Bhimrao Ambedkar's concepts of the caste system. Focusing on struggles among India's Dalits, the castes formerly known as untouchables, the book draws on a rich material and explains, among other things, mechanisms of oppression and how powerful actors may gain influence in institutions of law and state.
Faces of Inequality: A Theory of Wrongful Discrimination by
Call Number: K3242 .M668 2020
This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.
The Free-Market Family: How the Market Crushed the American Dream (and How It Can Be Restored) by
Call Number: HQ536 .E349 2020
A steady drumbeat of bad news-the opioid epidemic, decreased lifespans, skyrocketing suicide and mental illness rates, and mediocre student achievement scores-has convinced Americans that our country has gone badly off the rails. But where, exactly, did we go wrong? In this provocative book,Maxine Eichner argues that our fundamental problem is with American families, who are being crushed by the weight of economic pressures.Market forces are taking an increasing toll on US families across the economic spectrum. Poor and working-class adults face uncertain job prospects and low wages, which impair their forming stable relationships. Their kids are therefore likely to be raised by single parents, and tight budgetsprevent them from getting a good start. Meanwhile, professional parents' lives have become a grinding slog between long hours of paid work and of parenting. At the same time, economic inequality imposes heavy pressure on their kids to achieve to secure their financial futures. The harms these marketforces inflict on families reduce the wellbeing of Americans and cause our social fabric to fray.The damage the market is wreaking on US families is far from inevitable. Instead, it is the fault of US policymakers' flawed belief that deregulated markets serve the wellbeing of American families. Families, they assert, despite overwhelming evidence to the contrary, do best when they privatelyprovide all their members need, without the help of government. Five decades of this "free-market family policy," Eichner shows, have decimated the well-being of American families. What we need instead, she demonstrates, are commonsense market reforms that support families and allow their members toachieve the American Dream.
Fundamentals of Municipal Finance by
Call Number: KF6775 .M56 2019
The book is divided into seven chapters, each focused on a discrete aspect of state and local borrowing:* Borrowing instruments* Key players in the issuance of municipal bonds* Rating agencies* State law limitations on local government borrowing* Regulation of municipal securities* Federal taxation of municipal debt* Issues and procedures in municipal finance litigation
Ghost Work: How to Stop Silicon Valley from Building a New Global Underclass by
Call Number: HD6331 .G826 2019
In the spirit ofNickel and Dimed, a necessary and revelatory expose of the invisible human workforce that powers the web--and that foreshadows the true future of work. Hidden beneath the surface of the web, lost in our wrong-headed debates about AI, a new menace is looming. Anthropologist Mary L. Gray and computer scientist Siddharth Suri team up to unveil how services delivered by companies like Amazon, Google, Microsoft, and Uber can only function smoothly thanks to the judgment and experience of a vast, invisible human labor force. These people doing "ghost work" make the internet seem smart. They perform high-tech piecework: flagging X-rated content, proofreading, designing engine parts, and much more. An estimated 8 percent of Americans have worked at least once in this "ghost economy," and that number is growing. They usually earn less than legal minimums for traditional work, they have no health benefits, and they can be fired at any time for any reason, or none. There are no labor laws to govern this kind of work, and these latter-day assembly lines draw in--and all too often overwork and underpay--a surprisingly diverse range of workers: harried young mothers, professionals forced into early retirement, recent grads who can't get a toehold on the traditional employment ladder, and minorities shut out of the jobs they want. Gray and Suri also show how ghost workers, employers, and society at large can ensure that this new kind ofwork creates opportunity--rather than misery--for those who do it.
Global Banks on Trial: U.S. Prosecution and the Remaking of International Finance by
Call Number: KF9350 .V47 2020
In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.
Governing New Frontiers in the Information Age by
Call Number: KZ6718 .S535 2020
Many pressing environmental and security threats now facing the international community may be traced to the frontiers. From climate change and cyber-attacks to the associated challenges of space weaponization and orbital debris mitigation, solutions to all of these issues have at their root some form of regulation over the 'global commons'. Yet governance over these spaces is now transitioning away from multilateral treaties to regional and bilateral accords. This book makes an original contribution by comparing and contrasting some of the principal issues facing the frontiers. It analyzes how and why existing governance structures are often failing to adequately meet global collective action problems, with special coverage on cybersecurity and Internet governance. It proposes a new way forward incorporating lessons from successful regimes as well as the interdisciplinary scholarship on polycentric governance, arguing that multi-stakeholder collaboration is imperative in order to avoid tragedies of the global commons.
The Grip of Sexual Violence in Conflict: Feminist Interventions in International Law by
Call Number: KZ7162 .E54 2020
Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.
Handbook on Good Treaty Practice by
Call Number: K3342 .B37 2020
This Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
The Hanford Plaintiffs: Voices from the Fight for Atomic Justice by
Call Number: KF228.H285 P75 2020
For more than four decades beginning in 1944, the Hanford nuclear weapons facility in southeastern Washington State secretly blanketed much of the Pacific Northwest with low-dose ionizing radiation, the byproduct of plutonium production. For those who lived in the vicinity, many of them families of Hanford workers, the consequences soon became apparent as rates of illness and death steadily climbed--despite repeated assurances from the Atomic Energy Commission that the facility posed no threat. Trisha T. Pritikin, who has battled a lifetime of debilitating illness to become a lawyer and advocate for her fellow "downwinders," tells the devastating story of those who were harmed in Hanford's wake and, seeking answers and justice, were subjected to yet more suffering. At the center of The Hanford Plaintiffs are the oral histories of twenty-four people who joined In re Hanford Nuclear Reservation Litigation, the class-action suit that sought recognition of, and recompense for, the grievous injury knowingly caused by Hanford. Radioactive contamination of American communities was not uncommon during the wartime Manhattan Project, nor during the Cold War nuclear buildup that followed. Pritikin interweaves the stories of people poisoned by Hanford with a parallel account of civilians downwind of the Nevada atomic test site, who suffer from identical radiogenic diseases.
How to Win Medicare Appeals by
Call Number: KF3608.A4 M85 2020
Congress expects Medicare to provide quality medical care for its beneficiaries. However, Congress does not give Medicare enough money to meet this goal. When Medicare went into effect in 1966, there were 19 million people receiving Medicare benefits, and life expectancy for the average American was 70 years. By 2015, there were 55.5 million people receiving Medicare benefits, and life expectancy was 78.8 years. This puts Medicare providers in the middle of a quality care versus inadequate funding dispute, which can affect the kind of care a patient receives.This book is about how to successfully fight for the payment of medically reasonable and necessary services when Medicare erroneously denies payment, or when Medicare erroneously demands a repayment of overpayment.
Interrogation and Torture: Integrating Efficacy with Law and Morality by
Call Number: KZ7170 .I584 2020
This volume addresses interrogation and torture at a unique moment. Emerging scientific research reveals non-coercive methods to be the most effective interrogation techniques. And efforts are now being made to integrate this science and practice into international law and global policing initiatives. Contributors present cutting-edge research on non-coercive interrogation techniques and show how this knowledge is brought to bear on the realm of international law. Such advancements have the potential to transform the conversation on interrogation and torture in many disciplines, and the contributions in this edited volume are meant to spark those discussions. Moreover, this book can serve as a guide for policymakers who seek lawful, ethical, human-rights compliant--and the most effective--methods to obtain reliable information from those perceived to pose a threat to public safety. To achieve these aims the editors have brought together highly experienced practitioners and leading scholars in law, philosophy, psychology, neuroscience, social science, national security, and government.
In the Shadow of International Law: Secrecy and Regime Change in The Postwar World by
Call Number: KZ6368 .P69 2020
Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies.In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory ofcovert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle - whichproscribes unwanted violations of another state's sovereignty - was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claimor authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law.Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, aswell as the promise and peril of promoting new rules and norms in cyberspace.
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know by
Call Number: KF4547.4 .B37 2020 (Practical Skills)
Buy a new version of this book and receive access to the video series that accompanies the text hosted on CasebookConnect.com. This multimedia platform combines a book and video series that will change the way you study constitutional law. An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed over the past two centuries. All students--even those unfamiliar with American history--will learn the essential background information to grasp how this body of law has come to be what it is today. An online library of sixty-three videos brings the Supreme Court's one hundred most important decisions to life. These videos are enriched by photographs, maps, and even audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours. To receive access to the video series you must purchase a new version of the book.
Law, Explanation and Analysis of the Tax Cuts and Jobs Act Of 2017 by
Call Number: KF6276.6 2017 .L39 2018
On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act of 2017 (P.L. 115-97). The Act represents the most sweeping tax legislation in 30 years and will affect nearly every individual, business owner, and corporate taxpayer in the United States. Law, Explanation and Analysis of the Tax Cuts and Jobs Act of 2017: A Guide to the Retirement Benefit Plans, Executive Compensation, Employee Benefits and Payroll Provisions is out in front with expert analysis of the practical effects this law will have on retirement benefit plans, executive compensation, employee benefits and payroll.
Law and Justice Around the World: A Comparative Approach by
Call Number: K583 .A78 2020
Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
A Lawyer's Guide to Filing Long-Term Disability Claims and Appeals by
Call Number: KF1178.D5 C48 2019
This publication is a valuable resource for lawyers who are counseling clients who are considering the purchase of individual or group disability coverage, as it discusses all the many definitions of disability. It explains the types of coverage and the related terminology, as well as how to achieve full protection.
Life and the Law in the Era of Data-Driven Agency by
Call Number: K487.T4 L54 2020
This ground-breaking and timely book explores how big data, artificial intelligence and algorithms are creating new types of agency, and the impact that this is having on our lives and the rule of law. Addressing the issues in a thoughtful, cross-disciplinary manner, the authors examine the ways in which data-driven agency is transforming democratic practices and the meaning of individual choice. Leading scholars in law, philosophy, computer science and politics analyse the latest innovations in data science and machine learning, assessing the actual and potential implications of these technologies. They investigate how this affects our understanding of such concepts as agency, epistemology, justice, transparency and democracy, and advocate a precautionary approach that takes the effects of data-driven agency seriously without taking it for granted.Scholars and students of law, ethics and philosophy, in particular legal, political and democratic theory, will find this book a compelling and invaluable read, as will computer scientists interested in the implications of their own work. It will also prove insightful for academics and activists working on privacy, fairness and anti-discrimination.
The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers by
Call Number: KF5050 .P73 2020
A constitutional originalist sounds the alarm over the presidency's ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency--a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the "living presidency" legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash's argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency's stunning expansion. The Living Presidency proposes a baker's dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.
Military Necessity: The Art, Morality and Law of War by
Call Number: KZ6369 .H39 2020
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
Modernising Legal Education by
Call Number: K100 .M63 2020
Over the last decade, cost pressures, technology, automation, globalisation, de-regulation, and changing client relationships have transformed the practice of law, but legal education has been slow to respond. Deciding what learning objectives a law degree ought to prioritise, and how to best strike the balance between vocational and academic training, are questions of growing importance for students, regulators, educators, and the legal profession. This collection provides a range of perspectives on the suite of skills required by the future lawyer and the various approaches to supporting their acquisition. Contributions report on a variety of curriculum initiatives, including role-play, gamification, virtual reality, project-based learning, design thinking, data analytics, clinical legal education, apprenticeships, experiential learning and regulatory reform, and in doing so, offer a vision of what modern legal education might look like.
Negotiation Essentials for Lawyers by
Call Number: KF9084 .N443 2019 (Practical Skills)
This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.
One Mighty and Irresistible Tide: The Epic Struggle over American Immigration, 1924-1965 by
Call Number: JV6455 .Y34 2020
The idea of the United States as a nation of immigrants is at the core of the American narrative. But in 1924, Congress instituted a system of ethnic quotas so stringent that it choked off large-scale immigration for decades, sharply curtailing arrivals from southern and eastern Europe and outright banning those from nearly all of Asia.In a riveting narrative filled with a fascinating cast of characters, from the indefatigable congressman Emanuel Celler and senator Herbert Lehman to the bull-headed Nevada senator Pat McCarran, Jia Lynn Yang recounts how lawmakers, activists, and presidents from Truman through LBJ worked relentlessly to abolish the 1924 law. Through a world war, a refugee crisis after the Holocaust, and a McCarthyist fever, a coalition of lawmakers and activists descended from Jewish, Irish, and Japanese immigrants fought to establish a new principle of equality in the American immigration system. Their crowning achievement, the 1965 Immigration and Nationality Act, proved to be one of the most transformative laws in the country's history, opening the door to nonwhite migration at levels never seen before--and changing America in ways that those who debated it could hardly have imagined.
The Origin and Evolution of Investment Treaty Standards by
Call Number: K3830 .O78 2019
This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards.Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundredinvestor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees.Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, theprotections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in suchbroad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.
Owned, an Ethological Jurisprudence of Property: From the Cave to the Commons by
Call Number: K720 .G53 2020
This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property. Bringing together animal studies and legal philosophy, it articulates a critique of dominant property models and relationships from the perspective of cognitive ethology, domestication science and animal behaviour. In doing so, a radical new picture of property emerges. Focusing on the emergence of property models through prevailing ideas of human domestication and settlement, the book challenges the anthropocentrism that informs standard approaches to ownership and to authorship. Utilising a wide range of examples from ethology and animal studies, the book thus rethinks the very nature of property as uniquely human. This highly original contribution to the fields of property and intellectual property will appeal, not only to legal scholars in these areas, as well as in animal law; but also to legal theorists and others working in the social sciences with interests in posthumanism and animal studies.
Perchance to DREAM: A Legal and Political History of the DREAM Act and DACA by
Call Number: KF4800 .O45 2020
The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA) In 1982, the Supreme Court of the United States ruled in Plyler v. Doe that undocumented children had the right to attend public schools without charge or impediment, regardless of their immigration status. The ruling raised a question: what if undocumented students, after graduating from the public school system, wanted to attend college? Perchance to DREAM is the first comprehensive history of the DREAM Act, which made its initial congressional appearance in 2001, and Deferred Action for Childhood Arrivals (DACA), the discretionary program established by President Obama in 2012 out of Congressional failure to enact comprehensive immigration reform. Michael A. Olivas relates the history of the DREAM Act and DACA over the course of two decades. With the Trump Administration challenging the legality of DACA and pursuing its elimination in 2017, the fate of DACA is uncertain. Perchance to DREAM follows the political participation of DREAMers, who have been taken hostage as pawns in a cruel game as the White House continues to advocate anti-immigrant policies. Perchance to DREAM brings to light the many twists and turns that the legislation has taken, suggests why it has not gained the required traction, and offers hopeful pathways that could turn this darkness to dawn.
The President and the Supreme Court: Going Public on Judicial Decisions from Washington to Trump by
Call Number: KF5053 .E84 2019
When presidents take positions on pending Supreme Court cases or criticize the Court's decisions, they are susceptible to being attacked for acting as bullies and violating the norm of judicial independence. Why then do presidents target Supreme Court decisions in their public appeals? In this book, Paul M. Collins, Jr and Matthew Eshbaugh-Soha argue that presidents discuss the Court's decisions to demonstrate their responsiveness to important matters of public policy and to steer the implementation of the Court's decisions. Using data from Washington to Trump, they show that, far from being bullies, presidents discuss cases to promote their re-election, policy goals, and historical legacies, while attempting to affect the impact of Court decisions on the bureaucracy, Congress, the media, and the public.
Protecting Human Rights and Building Peace in Post-Violence Societies by
Call Number: K3240 .H333 2020
This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on.
The Psychology of Property Law by
Call Number: K720 .S74 2020
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law's goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Radical Enfranchisement in the Jury Room and Public Life by
Call Number: KF8972 .C53 2019
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Recognition of Belligerency and the Law of Armed Conflict by
Call Number: KZ6355 .M397 2020
Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
Repeal the Second Amendment: The Case for a Safer America by
Call Number: KF3941 .L53 2020
A radical case for the repeal of the 2nd Amendment as the only way to control gun violence in America There's an average of one mass shooting per day in the United States. Given the ineffectiveness of the gun control lobby, it's time for a strategy with spine. In Repeal the Second Amendment, Allan J. Lichtman has written the first book that uses history, legal theory and up-to-the-minute data to make a compelling case for the amendment's repeal in order to create a clear road to sensible gun control in the US. Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA's blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll. He probes court decisions and the effective lobbying and public relations strategies of the gun lobby as well as the ineffectiveness of the gun control movement for lessons in doing better. What emerges is a clear and cogent plan--repeal and replace the Second Amendment without taking guns away from anyone who has them now--to make the US a safer place. It's time to Repeal the Second Amendment, and Allan Lichtman is the man to bring this radical plan to America.
The Revolution in Freedoms of Press and Speech: From Blackstone to the First Amendment and Fox's Libel Act by
Call Number: KF 8972 .C53 2019
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.
The Right to Privacy: Origins and Influence of a Nineteenth-Century Idea by
Call Number: K1440 .R53 2017
Using original and archival material, The Right to Privacy traces the origins and influence of the right to privacy as a social, cultural and legal idea. Richardson argues that this right had emerged as an important legal concept across a number of jurisdictions by the end of the nineteenth century, providing a basis for its recognition as a universal human right in later centuries. This book is a unique contribution to the history of the modern right to privacy. It covers the transition from Georgian to Victorian England, developments in Second Empire France, insights in the lead up to the Bürgerliches Gesetzbuch (BGB) of 1896, and the experience of a rapidly modernising America around the turn of the twentieth century. It will appeal to an audience of academic and postgraduate researchers, as well as to the judiciary and legal practice.
Selection and Decision in Judicial Process Around the World by
Call Number: K213 .S457 2020
This book empirically explores whether and under what conditions the judicial process is efficient. Three specific issues are addressed: first, disputants self-select into litigation. Do they tend to bring cases with merit? Second, filed cases differ in their social import. Do courts select more important cases to devote more resource to? Third, courts establish precedents, affect resource allocation in the cases at hand, and influence future behaviours of transacting parties. Do courts, like Judge Posner asserts, tend to make decisions that enhance allocative efficiency and reduce transaction costs? Positive answers to the above questions attest to the efficiency of the judicial process. What drive efficient or inefficient outcomes are the selections and decisions by litigants, litigators, and judges. Their earlier selections and decisions affect later ones. Eleven chapters in this book, authored by leading empirical legal scholars in the world, deal with these issues in the US, Europe, and Asia.
Settler Colonialism, Race, and the Law: Why Structural Racism Persists by
Call Number: KF4755 .S25 2020
How taking Indigenous sovereignty seriously can help dismantle the structural racism encountered by other people of color in the United States Settler Colonialism, Race, and the Law provides a timely analysis of structural racism at the intersection of law and colonialism. Noting the grim racial realities still confronting communities of color, and how they have not been alleviated by constitutional guarantees of equal protection, this book suggests that settler colonial theory provides a more coherent understanding of what causes and what can help remediate racial disparities. Natsu Taylor Saito attributes the origins and persistence of racialized inequities in the United States to the prerogatives asserted by its predominantly Angloamerican colonizers to appropriate Indigenous lands and resources, to profit from the labor of voluntary and involuntary migrants, and to ensure that all people of color remain "in their place." By providing a functional analysis that links disparate forms of oppression, this book makes the case for the oft-cited proposition that racial justice is indivisible, focusing particularly on the importance of acknowledging and contesting the continued colonization of Indigenous peoples and lands. Settler Colonialism, Race, and the Law concludes that rather than relying on promises of formal equality, we will more effectively dismantle structural racism in America by envisioning what the right of all peoples to self-determination means in a settler colonial state.
Shortlisted: Women in the Shadows of the Supreme Court by
Call Number: KF8744 .J44 2020
The inspiring and previously untold history of the women considered--but not selected--for the US Supreme Court In 1981, Sandra Day O'Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women--a cohort large enough to seat the entire Supreme Court--who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.
The Syrian Conflict's Impact on International Law by
Call Number: KZ6795.S97 S33 2020
Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.
The Syrian War: Between Justice and Political Reality by
Call Number: KZ6795.S97 S97 2020
Starting as a civil uprising calling for liberal reforms in March 2011, the unrest in Syria rapidly deteriorated into a proxy-led armed conflict involving multiple state-sponsored and non-state actors, including foreign militias and local armed groups. The current state of affairs in Syria, and the uncertainty regarding its future, raise numerous questions for scholars and practitioners of both international law and politics about justice within the context of a changing political reality in Syria. This book contributes uniquely to the scholarship on the Syrian war, raising voices from the Middle East and beyond not often heard within this research context.
Tax and Culture: Convergence, Divergence, and the Future of Tax Law by
Call Number: K4460 .L58 2020
Tax scholars traditionally emphasize economics and assume that all tax systems can be evaluated in more or less the same way. By applying the insights of anthropology, sociology, and other social sciences, Michael A. Livingston demonstrates that tax systems frequently pursue different values and that the convergence of tax systems is frequently overstated. In Tax and Culture, he applies these insights to specific countries, such as China and India, and specific tax issues, including progressivity, tax avoidance, and the emerging area of environmental taxation. Livingston concludes that the concept of a global tax culture is, in many cases, merely a reflection of Western hegemony, and is unlikely to survive the changes implicit in the rise of non-Western nations and cultures.
Underglobalization: Beijing's Urbanism and the Chimera of Legitimacy by
Call Number: KNQ1160.3 .N48 2020
Despite China's recent emergence as a major global economic and geopolitical power, its association with counterfeit goods and intellectual property piracy has led many in the West to dismiss its urbanization and globalization as suspect or inauthentic. In Underglobalization Joshua Neves examines the cultural politics of the "fake" and how frictions between legality and legitimacy propel dominant models of economic development and political life in contemporary China. Focusing on a wide range of media technologies and practices in Beijing, Neves shows how piracy and fakes are manifestations of what he calls underglobalization--the ways social actors undermine and refuse to implement the specific procedures and protocols required by globalization at different scales. By tracking the rise of fake politics and transformations in political society, in China and globally, Neves demonstrates that they are alternate outcomes of globalizing processes rather than anathema to them.
What Does Risk Mean in This New Risky Space Business ? by
Call Number: KF1290.A9 C37 2020
In the only analysis of its kind, Dr. Maria-Vittoria "Giugi" Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator's liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.
What Is... EMTALA? by
Call Number: RA645.5 .D82 2019
In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA). This was done to combat the perceived problem of "patient dumping," where hospital emergency rooms were refusing to treat patients that did not have health insurance. This book covers everything you need to know about EMTALA, from its history and regulatory framework to the requirements it places on hospitals to this day. This includes larger considerations like what constitutes a legitimate emergency medical condition, but also smaller (but still important) ones like signage and proper record keeping. The book also looks at other considerations, like dealing with psychiatric patients, malpractice, and disaster response. What Is...EMTALA? is a must for any attorney working in the field of patient's rights.
When Misfortune Becomes Injustice by
Call Number: K3260.3 .Y39 2020
When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades, with a focus on women's health and rights. Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights. When Misfortune Becomes Injustice reveals extraordinary progress in recognizing health-related claims as legal rights and understanding the policy implications of doing so over the last few decades. Yet Yamin challenges us to consider why these advances have failed to produce greater equality within and between nations, and how the human rights praxis must now urgently address threats to social and gender justice, in health and beyond.
Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law by
Call Number: KF4755 .S76 2020
Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice.