New Titles in the Chastek Library

"A definitive history of the instructional and legal structures that have harmed generations of Black people, this text is essential for scholars, students, and policymakers in literacy education, reading research, history of education, and social justice education." -- Publisher site.

"This book looks at Supreme Court decisions, legal history, and public health theory to tell the story of how the Supreme Court stymied efforts to control the pandemic, as well as how its pre-pandemic decisions left the United States especially vulnerable to COVID-19 and other health threats." -- Publisher site.

"Cryptocurrency Regulation: A Primer is an essential resource for students and scholars of economics, finance and banking law, and internet and technology law. It will also be beneficial for financial services professionals, regulators, and members of the financial press." -- Publisher site.

"Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies." -- Publisher site.

"This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, end-of-life care, reproductive health care, biomedical research, ownership of human tissues and cells, the influence of religious directives on health care standards, health care discrimination, long-term care, private health insurance, Medicaid coverage, the Affordable Care Act, and more." -- Publisher site.

"The country’s first years unfolded in a contentious spiral of ugly elections and blatant violations of the Constitution. Still, peaceful transfers of power continued, and the nascent country made its way towards global dominance, against all odds. Founding Partisans is a powerful reminder that fierce partisanship is a problem as old as the republic." -- Publisher site.

"This book will appeal to all who have been appointed as guardian or conservator, whether lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults. Included on this list are judges, court administrators, law enforcement officials, adult protective services, social workers, health care providers, case managers, residential care administrators, long-term care ombudsmen, financial institutions, and financial advisors." -- Publisher site.

"Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR’s New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court’s decision in favor of Carter, however, marked a return to the growth of the “imperial presidency,” which has only continued to expand." -- Publisher site.

"The 25 judges featured in Her Honor are from all levels of the state and federal courts, including Chief Judges and two Supreme Court Justices. Their moving stories will be all too recognizable by women who may currently be experiencing similar challenges and biases in their own career. The stories shared will extend that influence further and inspire future generations to persevere in their careers during even the most difficult times." -- Publisher site.

"This indispensable work traces impeachment from its bloody origins in medieval England, to its adoption in the Constitution, and through 250 years of American experience culminating in the two impeachments of Donald Trump. Frank O. Bowman III tells the stories, human and political, of nobles, commoners, colonists, judges, legislators, cabinet officers, and Presidents who have faced impeachment. He demonstrates that the practice was designed to be a flexible tool, informed by history, and adaptable to the needs of any age. The first edition was read by Democrats and Republicans and cited extensively by the advocates in both Trump impeachments. In this second edition, Bowman expands the first edition's deep historical and constitutional analysis. He also draws on his involvement in both Trump impeachments as a congressional consultant and frequent commentator, to assess Trump's aberrant presidency, his impeachments, and whether impeachment remains a useful tool against an overreaching president." -- Publisher site.

"Ilse Koch on Trial reveals how gendered perceptions of violence and culpability drove Koch’s zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and “good womanly behavior.” Koch’s “sexual barbarism,” though treated as an emblem of the Third Reich’s depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust.

"Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states." -- Publisher site.

"The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments." -- Publisher site.

"This guide is a one-stop resource for attorneys, legislators, and others to understand how COVID-19 affected the most vulnerable populations in the U.S., and examines important efforts necessary to promote and protect civil rights and civil liberties during crisis. The framework presented sets the stage for how to approach and best provide support during times of pandemic." -- Publisher site.

"This Element presents the notion of legal personhood, which is a foundational concept of Western law. It explores the theoretical and philosophical foundations of legal personhood, such as how legal personhood is defined and whether legal personhood is connected to personhood as a general notion. It also scrutinizes particular categories of legal personhood. It first focuses on two classical categories: natural persons (human beings) and artificial persons (corporations). The discussions of natural persons also cover the developing legal status of children and individuals with disabilities. The Element also presents three emerging categories of legal personhood: animals, nature and natural objects, and AI systems." -- Publisher site.

"Drawing on case records, this book details the legal and political battles and describes the roles of the judges, law enforcement officers and politicians, and the ordinary citizens who wanted to enjoy baseball on Sunday. The contributions of unheralded civil rights pioneers--such as Joe Neet, John Powell and Lewis Perrine--are documented." -- Publisher site.

"From the Founding to today, this book tells the stories of seven former presidents who each changed history and offered lessons about how to decide what to do in the next chapter of life as they handled human problems of ego, finances and questions about their legacy and mortality. Thomas Jefferson was the first former president to accomplish great things after the White House, shaping public debates and founding the University of Virginia, an accomplishment he included on his tombstone, unlike his presidency. John Quincy Adams served in Congress and became a leading abolitionist, passing the torch to Abraham Lincoln. Grover Cleveland was the only president in American history to serve a nonconsecutive term. William Howard Taft became Chief Justice of the Supreme Court. Herbert Hoover shaped the modern conservative movement, led relief efforts after World War II, reorganized the executive branch, and reconciled John F. Kennedy and Richard Nixon. Jimmy Carter had the longest post-presidency in American history, advancing humanitarian causes, human rights, and peace. George W. Bush made a clean break from politics, bringing back George Washington's precedent, and reminding the public that the institution of the presidency is bigger than any person." -- Publisher site.

"This manual's focus remains how to express contract terms in prose that is free of the archaisms, redundancies, ambiguities, and other problems that afflict traditional contract language. With exceptional analysis and an unmatched level of practical detail, Ken highlights common sources of confusion and recommends clearer and more concise alternatives. This manual is organized to facilitate easy reference, and it illustrates its analysis with numerous examples. Consult it to save time in drafting and negotiation and to reduce the risk of dispute." -- Back cover.

"Grounded in original archival research on three continents, the book examines the ways in which professional legal discourse about public order and democratic citizenship proffered by Jewish communities and individual Jews was countered by their Nazi opponents with legal and political arguments about 'truth,' 'persecution,' and Jewish perfidy. The book will be of interest to students, academics and researchers working in the areas of Legal History, History, Jewish Studies, the study of Antisemitism, and the History of the far right, fascism and Nazism." -- Publisher site.

"Nine Scorpions in a Bottle is the work of a lifetime, and its is Max Lerner's final work. Here are his celebrated portraits of John Marshall, Louis Brandeis, Felix Frankfurter, Hugo Black, Earl Warren, and of course Oliver Wendell Holmes, Jr., whose judicial vision Lerner most respected. Not all justices receive judicious treatment; Lerner makes clear which he believes were the great legal minds and which were not. He traces what he terms their "constitutional journey," evaluating their judicial range and stature and assessing the impact they have had on those who succeeded them. Here, too, are his timeless discussions of the cases that continue to shape American society and legal debate, such as Brown v. Board of Education, The U.S. v. Nixon, and Roe v. Wade. Case by case, justice by justice, this title shows us the trajectory of Max Lerner's own constitutional journey, one marked above all by an exuberant joy in the rigors of legal warfare waged at the very highest level. It will enrich every American's understanding of the Supreme Court." -- Publisher site.

"Kids in danger are treated instrumentally to promote the rehabilitation of their parents, the welfare of their communities, and the social justice of their race and tribe—all with the inevitable result that their most precious developmental years are lost in bureaucratic and judicial red tape. It is time to stop letting efforts to fix the child welfare system get derailed by activists who are concerned with race-matching, blood ties, and the abstract demands of social justice, and start asking the most important question: Where are the emotionally and financially stable, loving, and permanent homes where these kids can thrive." -- Publisher site.

"Nothing More than Freedom explores the long and complex legal history of Black freedom in the United States. From the ratification of the Thirteenth Amendment in 1865 until the end of Reconstruction in 1877, supreme courts in former slave states decided approximately 700 lawsuits associated with the struggle for Black freedom and equal citizenship. This litigation – the majority through private law – triggered questions about American liberty and reassessed the nation's legal and political order following the Civil War. Judicial decisions set the terms of debates about racial identity, civil rights, and national belonging, and established that slavery, as a legal institution and social practice, remained actionable in American law well after its ostensible demise. The verdicts determined how unresolved facets of slavery would undercut ongoing efforts for abolition and the realization of equality. Insightful and compelling, this work makes an important intervention in the history of post-Civil War law." -- Publisher site.

"One of the steps in criminal procedure deals with the role of the courts, executive, and administrative agencies in granting pardons and paroles to the tens of thousands of prisoners each year. Constitutional provisions can be found in both the Federal and State constitutions for executive clemency through pardon and/or parole by the President and/or governors as part of their constitutional powers. Presidents and governors have used their clemency authority throughout the history of the country. Every state contains both statutes and regulations dealing with pardon/parole. The statutes provide law for pardon and parole, but it is administrative agencies (agencies, boards, commissions) that actually draw up the regulations for the procedures of carrying out pardons and paroles. The text of these laws and regulations are quite long and I have had to restrict the content of both chapters to listing only the chapters under each state's statutes and regulations." -- Publisher site.

"The book states, outlines, and explains the revised penal law (Book 6) in the Code of Canon Law with practical examples." -- Publisher site.

"While taking note of various accountability options-from within the executive branch to the International Criminal Court-the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government." -- Publisher site.

"In contemporary constitutional politics, Section One of the Fourteenth Amendment-which includes the citizenship, privileges and immunities, due process, and equal protection clauses-is the star of the show, with some attention given to Section Five. But this was not the focus of interest for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections Two, Three, and Four. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing "rebel rule" by punishing treason and rewarding loyalty, particularly loyal whites who remained faithful to the Union during the Civil War. In this first of three planned volumes for UPK's Constitutional Thinking series, Mark Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction." -- Publisher site.

"By reading the classical Greek and Roman moral philosophers who inspired the Founders, Rosen shows us how they understood the pursuit of happiness as a quest for being good, not feeling good—the pursuit of lifelong virtue, not short-term pleasure. Among those virtues were the habits of industry, temperance, moderation, and sincerity, which the Founders viewed as part of a daily struggle for self-improvement, character development, and calm self-mastery. They believed that political self-government required personal self-government. For all six Founders, the pursuit of virtue was incompatible with enslavement of African Americans, although the Virginians betrayed their own principles. The Pursuit of Happiness is more than an elucidation of the Declaration’s famous phrase; it is a revelatory journey into the minds of the Founders, and a deep, rich, and fresh understanding of the foundation of our democracy." -- Publisher site.

"The author argues that we the people's rights under the Constitution as amended cannot be characterized as "specific prohibitions" against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation's elected representatives based on the judges' political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people's right to be governed by majoritarian rule." -- Publisher site.

"Russiagate Revisited examines the authenticity of official Russiagate claims, the role of mainstream and alternative media as both observers of and participants in the drama, what Russiagate reveals about the state of mainstream journalism, the gambits of professional propagandists within a long-established campaign of demonization of Russia, how Russiagate narratives were perceived in Russia, and the grave implications - of both Russiagate and the decline of trust in public information - for sustainable western democracy." -- Publisher site.

"Written by notable scholars in political science and law, the chapters in SCOTUS 2022 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2022 offers an analysis of the current ideological and interpretive divisions on the Court, including an analysis of the unprecedented leak of the Dobbs draft ruling. Morgan Marietta is Associate Professor of Political Science at the University of Massachusetts Lowell, USA." -- Publisher site.

"The death of Socrates may be the most famous unsolved murder in history. Set during the Peloponnesian War, this narrative solves that mystery, revealing for the first time how the philosopher was set up, who did it, and why." -- Publisher site.

"Professors and instructors teaching contract law, as well as any form of transactional practice will find this book invaluable in developing their courses, with expert guidance on how to boost student understanding and engagement." -- Publisher site.

"Twilight of the American State offers a sweeping exploration of how law and legal institutions helped prepare the grounds for this rebellious movement. The controversial argument is that, viewed as a legal matter, the American state is not just a liberal democracy, as most Americans believe. Rather, the American state is composed of an uneasy and unstable combination of different versions of the state--liberal democratic, administered, neo-liberal, and dissociative. Each of these versions arose through its own law and legal institutions. Each emerged at different times historically. Each was prompted by deficits in the prior versions. Each has survived displacement by succeeding versions. All remain active in the contemporary moment--creating the political-legal dysfunction America confronts today. Pierre Schlag maps out a big picture view of the tribulations of the American state. The book abjures conventional academic frameworks, sets aside prescriptions for quick fixes, dispenses with lamentations about polarization, and bypasses historical celebrations of the American Spirit." -- Publisher site.