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November 2017 - New Titles
Alexander Hamilton and the Development of American Law
Call Number: KF363.H3 B76 2017
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy.
In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton’s political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington’s cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton’s professional career.
Re-examining Hamilton’s post-war accomplishments through the lens of law, Brown demonstrates that Hamilton’s much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton’s legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
The Failed Promise of Sentencing Reform
Call Number: KF9685 .O324 2017
Despite 15 years of reform efforts, the incarceration rate in the United States remains at an unprecedented high level. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective.
This work learly identifies the real reasons that the wave of post-2000 sentencing reform has had minimal impact on reducing national imprisonment rates. It also explains why reforms must target the excessive sentences imposed on violent and sexual offenders, even though the members of these offender groups are considered "justifiably punished" by long prison terms in the public eye.
It also enables readers to understand why increased consideration for the well-being of offenders and their families is likely a prerequisite to the acceptance of more fundamental changes to the U.S. sentencing system.
Rights and Retrenchment: The Counterrevolution against Federal Litigation
Call Number: KF1325.C58 B87 2017
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Workers' Compensation: Analysis for Its Second Century
Call Number: HD7103.65.U6 H86 2017
H. Allan Hunt and Marcus Dillender provide a succinct analysis of the state of workers' compensation (WC) programs in North America by focusing on three key performance issues: 1) the adequacy of compensation for those disabled in the workplace, 2) return-to-work performance for injured workers, and 3) prevention of disabling injury and disease. Following a brief introductory chapter that provides a discussion of the difficulties of trying to compare so many diverse programs, Hunt and Dillender devote a chapter to each of the three performance issues and provide empirical findings and useful guidance for policymakers and researchers as they set their sights on adapting WC for the twenty-first century
Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality
Call Number: KF3464 .B477 2017
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem.
On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress.
Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Supreme Democracy: The End of Elitism in Supreme Court Nominations
Call Number: KF8742 .D387 2017
n the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process?
In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion.
The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.
Settled Versus Right: A Theory of Precedent
Call Number: KF429 .K69 2017
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Taming the Past: Essays on Law in History and History in Law
Call Number: KF352 .G67 2017
Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
Women's Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India
Call Number: K2000 .K35 2017
Some of the most hotly contested international women's rights issues today arise from the movement of peoples from one country to another and the practices they purportedly bring with them. In Women's Human Rights and Migration, Sital Kalantry focuses on immigrants of Asian descent living in the United States who are believed to abort female fetuses because they do not want a female child. While sex-selective abortion is a human rights concern in India, should we, for that reason, assume that the practice undermines women's equality in the United States? Although some pro-choice feminists believe that these prohibitions on sex-selective abortion promote women's equality, other feminists fiercely oppose such laws, characterizing them as a Trojan horse in the larger pursuit to overturn the reproductive rights guaranteed by Roe v. Wade. Nearly half of state legislatures in the United States have proposed laws restricting sex-selective abortion since 2009 and nine have adopted them.
Kalantry argues that traditional feminist legal theories and international human rights law fail to provide adequate guidance in examining the human rights implications of the reproductive practices of immigrant women, evidenced by the fact that both supporters and opponents ground their claims in women's equality. She advocates instead for a context-based approach that is open to the possibility that sex-selective abortion practices will have significantly different human rights implications when they emerge in different national contexts. The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.
Pillars of Justice: Lawyers and the Liberal Tradition
Call Number: KF371 .F57 2017
Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.
Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad―Aharon Barak, for example―were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law―a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.
For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.
When Free Exercise and Nonestablishment Conflict
Call Number: KF4865 .G74 2017
The First Amendment to the United States Constitution begins: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements―the so-called Nonestablishment Clause and the Free Exercise Clause―and the values that lie beneath them.
If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided?
When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
The Poverty of Privacy Rights
Call Number: KF1262 .B753 2017
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy.
The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state―both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance―rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
Persistent Disobedience to Church Authority: History, Analysis and Application of Canon 1371, 2
Call Number: KBU3686 .D65 2016
Canon 1371, 2 calls for a just penalty to be imposed upon one who is persistently disobedient to a command or prohibition imposed by the apostolic see, an ordinary or other superior.
With the goal of arriving at an authentic understanding of the canon, this work begins with a study of the fonts attributed to it, consisting of decisions rendered by pope or a dicastery. A historical approach continues in chapter two, with an examination of relevant CIC 1917 legislation.
In addition to a detailed analysis of canon 1371, 2 this work considers jurisprudence of the Roman Curia, presented under the themes of disobedience to the Apostolic See or to one's ordinary; the value and importance of obedience; the need for competent authority to be vigilant and intervene when necessary; and now this intervention can serve as a pastoral instrument for the salvation of souls.
This work also undertakes a contemporary and practical reading of canon 1371,2 pointing out that the precept or prohibition imposed must be legitimate, that persistent disobedience must be present, and that the imposed penalty is to be just. It offers conclusions as to why the canon is important for the Church today. Obedience to competent authority on the part of the Christian faithful provides a healthy example to those outside the Church and can help protect the faithful. Proper implementation of what is called for in canon 1371,2can prevent more grave disobedience in the future and promote good order in the Church.
The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information
Call Number: KF5753 .F46 2017
Is the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command.
Gross Misbehavior and Wickedness: A Notorious Divorce in Early Twentieth-Century America
Call Number: KF228.W285 E47 2017
The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of—and gossip about—their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century.
Gross Misbehavior and Wickedness—the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty—recounts the protracted legal proceedings in juicy detail.
Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce—in an era when women needed husbands for economic support—was associated with women’s aspirations for independence and rights. The Walkers’ dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.
Sharia Tribunals, Rabbinical Courts, and Christian Panels
Call Number: KF4868.R43 B76 2017
This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
The Law of Judicial Precedent
Call Number: KF429 .G37 2016
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The author's goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
Storm Center: The Supreme Court in American Politics, 11th edition
Call Number: KF8742 .O27 2017
In an engaging narrative, David M. O'Brien shows how the Supreme Court is a "storm center" of political controversy, where personality, politics, law, and justice come together to help determine the course of public policy and shape American society. The Eleventh Edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Scalia's seat and the landmark decision for marriage equality in Obergefell v. Hodges, making this the most exciting edition of Storm Center yet.
Structured to Fail?: Regulatory Performance under Competing Mandates
Call Number: KF5407 .C37 2017
In the search for explanations for three of the most pressing crises of the early twenty-first century (the housing meltdown and financial crisis, the Gulf oil spill, and the nuclear disaster at Fukushima), commentators pointed to the structure of the regulatory agencies charged with overseeing the associated industries, noting that the need to balance competing regulatory and non-regulatory missions undermined each agency's ability to be an effective regulator. Christopher Carrigan challenges this critique by employing a diverse set of research methods, including a statistical analysis, an in-depth case study of US regulatory oversight of offshore oil and gas development leading up to the Gulf oil spill, and a formal theoretical discussion, to systematically evaluate the benefits and concerns associated with either combining or separating regulatory and non-regulatory missions. His analysis demonstrates for policymakers and scholars why assigning competing non-regulatory missions to regulatory agencies can still be better than separating them in some cases.
Privacy: What Everyone Needs to Know
Call Number: KF1262 .F73 2017
We live more and more of our lives online; we rely on the internet as we work, correspond with friends and loved ones, and go through a multitude of mundane activities like paying bills, streaming videos, reading the news, and listening to music. Without thinking twice, we operate with the understanding that the data that traces these activities will not be abused now or in the future. There is an abstract idea of privacy that we invoke, and, concrete rules about our privacy that we can point to if we are pressed. Nonetheless, too often we are uneasily reminded that our privacy is not invulnerable-the data tracks we leave through our health information, the internet and social media, financial and credit information, personal relationships, and public lives make us continuously prey to identity theft, hacking, and even government surveillance.
A great deal is at stake for individuals, groups, and societies if privacy is misunderstood, misdirected, or misused. Popular understanding of privacy doesn't match the heat the concept generates. With a host of cultural differences as to how privacy is understood globally and in different religions, and with ceaseless technological advancements, it is an increasingly complex topic. In this clear and accessible book, Leslie and John G. Francis guide us to an understanding of what privacy can mean and why it is so important. Drawing upon their extensive joint expertise in law, philosophy, political science, regulatory policy, and bioethics, they parse the consequences of the forfeiture, however great or small, of one's privacy.
Superfund Handbook: A Practitioner's Guide to CERCLA Litigation
Call Number: KF1299.H39 G73 2016 - Advocacy
Because of the amount of money routinely at risk in CERCLA cleanups, most private parties facing Superfund liability will continue to look to the courts for resolution. Focusing on case-oriented information, this guidebook casts light on the issues that are central to current Superfund litigation. Written by an experienced attorney who specializes in this area of law, The Superfund Manual provides key summaries of the state of the law under CERCLA along with invaluable practice tips and strategies that offer deeper insights into key litigation issues under the statute.
Living Together: A Legal Guide for Unmarried Couples, 16th edition
Call Number: KF538 .I35 2017 - Access to Justice
Laws that protect married couples―on property ownership, divorce, inheritance rights, and more―don't apply to unmarried couples. To define and protect your relationship―and your assets―you need to take specific legal steps and use the right documents.
Whether you're just starting out or are one of the growing number of older couples who choose to live together, this revised edition has the information you need. It covers all the big issues facing unmarried couples living together.
Halloween Law: A Spirited Look at the Law School Curriculum
Call Number: KF390.5.H35 S88 2012
Halloween Law is a spirited guide through law school study starting with that first scary year. Looking at the law through the lens of Halloween proves the old rule that truth is stranger than fiction. Halloween cases that conjure up issues in constitutional law, criminal law, tort law, property law and contract law introduce you to the first year curriculum. If you survive the first year, you can move on to several upper level courses for those who dare --- employment law, oil and gas law and lots of local government law creep into the Halloween Law experience. Halloween Law will leave you ready to deal with any case from the crypt. Halloween Law --- now that’s the spirit!
The Imprint of Congress
Call Number: JK1021 .M394 2017
What kind of job has America's routinely disparaged legislative body actually done? In The Imprint of Congress, the distinguished congressional scholar David R. Mayhew gives us an insightful historical analysis of the U.S. Congress’s performance from the late eighteenth century to today, exploring what its lasting imprint has been on American politics and society. Mayhew suggests that Congress has balanced the presidency in a surprising variety of ways, and in doing so, it has contributed to the legitimacy of a governing system faced by an often fractious public.
Daring to Drive: A Saudi Woman's Awakening
Call Number: HQ1730.Z75 S47 2017
A ferociously intimate memoir by a devout woman from a modest family in Saudi Arabia who became the unexpected leader of a courageous movement to support women’s right to drive.
Manal al-Sharif grew up in Mecca the second daughter of a taxi driver, born the year fundamentalism took hold. In her adolescence, she was a religious radical, melting her brother’s boy band cassettes in the oven because music was haram: forbidden by Islamic law. But what a difference an education can make. By her twenties she was a computer security engineer, one of few women working in a desert compound that resembled suburban America. That’s when the Saudi kingdom’s contradictions became too much to bear: she was labeled a slut for chatting with male colleagues, her teenage brother chaperoned her on a business trip, and while she kept a car in her garage, she was forbidden from driving down city streets behind the wheel.
Daring to Drive is the fiercely intimate memoir of an accidental activist, a powerfully vivid story of a young Muslim woman who stood up to a kingdom of men—and won. Writing on the cusp of history, Manal offers a rare glimpse into the lives of women in Saudi Arabia today. Her memoir is a remarkable celebration of resilience in the face of tyranny, the extraordinary power of education and female solidarity, and the difficulties, absurdities, and joys of making your voice heard.
The Human Predicament: A Candid Guide to Life's Biggest Questions
Call Number: D435 .B44 2017
Publication Date: 2017-06-07
Are our lives meaningful, or meaningless? Is our inevitable death a bad thing? Would immortality be an improvement? Would it be better, all things considered, to hasten our deaths by suicide? Many people ask these big questions -- and some people are plagued by them. Surprisingly, analytic philosophers have said relatively little about these important questions about the meaning of life. When they have tackled the big questions, they have tended, like popular writers, to offer comforting, optimistic answers. The Human Predicament invites readers to take a clear-eyed and unfettered view of the human condition.
David Benatar here offers a substantial, but not unmitigated, pessimism about the central questions of human existence. He argues that while our lives can have some meaning, we are ultimately the insignificant beings that we fear we might be. He maintains that the quality of life, although less bad for some than for others, leaves much to be desired in even the best cases. Worse, death is generally not a solution; in fact, it exacerbates rather than mitigates our cosmic meaninglessness. While it can release us from suffering, it imposes another cost - annihilation. This state of affairs has nuanced implications for how we should think about many things, including immortality and suicide, and how we should think about the possibility of deeper meaning in our lives. Ultimately, this thoughtful, provocative, and deeply candid treatment of life's big questions will interest anyone who has contemplated why we are here, and what the answer means for how we should live.
Inherited IRAs: What Every Practitioner Must Know, 2017, 3d edition
Call Number: KF3510 .G65 2013
In April 2016, the US Department of Labor issued a final fiduciary rule, which significantly affects advisors who render investment advice to Individual Retirement Account owners by expanding the “investment advice fiduciary” definition under the Employment Retirement Income Security Act of 1974 (ERISA) and modifying the complex of prohibited transaction exemptions for investment activities in light of that expanded definition. This new edition instructs and informs lawyers representing estates on how best to handle the laws and compliance issues surrounding their clients’ investments and is updated to include all of the recent changes to the rules and regulations surrounding estate planning and retirement asset distributions that have been enacted over the past year. It includes more than 100 scenarios, questions, and answers that practitioner dealing with often complex retirement asset distributions are likely to encounter. Checklists, sample forms, and summaries of court rulings on inherited IRA cases provide additional tools and resources that will help readers best help their clients through what is often a very difficult time in their lives.
Internal Revenue Service Practice and Procedure Deskbook, 4th edition
Call Number: KF6301 .S523
The Deskbook provides the thorough legal, procedural, and strategic information you need to represent clients more effectively when dealing with the IRS, including guidance on: Examinations including how to deal with IRS document requests, narrow the scope of IRS audits, and reach settlements. Large and Mid-Size Business Examinations from how to prepare for LMSB examinations to how to use IRS programs to expedite resolutions. Assessments with clear coverage of IRS assessment procedures and the Code s complex mitigation provisions. Civil Penalties including steps you can take to abate penalties and minimize the risk of particular penalties being asserted. Tax Fraud with details on how to make voluntary disclosures to avoid investigations, assemble defense teams, and deploy good faith and other defenses. Appeals including how to proceed effectively in appeals conferences and pick the right settlement options for each client. Litigation with guidance on how to select the most favorable judicial forum for each case and cope with the Tax Court s unique rules of practice and procedure. Collections from Collection Due Process hearings to surefire solutions to clients collection problems.
E-Discovery for Everyone
Call Number: KF8902.E42 L672 2016 - Advocacy
e-Discovery for Everyone is an introduction to e-Discovery that avoids over-technicality, without being substantively superficial, and manages to be interesting and amusing. Ralph has been writing his e-Discovery Team blog since 2006, and e-Discovery for Everyone assembles many of his most helpful and recent blog posts in a collection that will be of value to newcomers to e-Discovery as well as seasoned practitioners. The book is written in a conversational style, and is divided into short chapters easily read in a relatively short sitting.
Law Mart: Justice, Access, and For-Profit Law Schools
Call Number: KF274 .T45 2017
American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning.
In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.
The Evolution of U. S. Military Policy from the Constitution to the Present
Call Number: KF7209 .G46 2017
Tracing the evolution of the U.S. Army throughout American history, the authors show that there is no such thing as a “traditional” U.S. military policy. Rather, the laws that authorize, empower, and govern the U.S. armed forces emerged from long-standing debates and a series of legislative compromises between 1903 and 1940.
Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses
Call Number: KF480.5.A94 C38 2017
Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account.
This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.
Baseball Meets the Law: A Chronology of Decisions, Statutes and Other Legal Events
Call Number: KF3989.2 .E36 2017
Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town's meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794.
In 2015, a federal court held that baseball's exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field.
This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also "Take Me Out to the Ball Game" to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.
Civil Rights in the Workplace, 2d edition
Call Number: KF3464 .P48 2018 - Advocacy
For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act.
A Courageous Fool: Marie Deans and Her Struggle against the Death Penalty
Call Number: KF9227.C2 P45 2017
There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances--including the murder of her beloved mother-in-law--into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the "machinery of death."
Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
Leaning on the Arc: A Personal History of Criminal Defense
Call Number: KF373.S348 A3 2016
Leaning on the Arc: A Personal History of Criminal Defense is a memoir by renowned trial lawyer M. Gerald Schwartzbach, who is perhaps best known for successfully defending actor Robert Blake against charges he had murdered his wife. Each chapter details a different trial in the author’s illustrious career that run the gamut from murder to malpractice, sexual assault to domestic abuse, from protecting the right of dissent to advocating expanded rights for defendants. Schwartzbach stands at the intersection of some of the key issues of our time and demonstrates how true justice can only happen when we refuse to objectify the defendant, whoever he or she may be, whatever his or her alleged crime.
Finally, Leaning on the Arc is a firsthand, material, and applicable account of what it takes to practice criminal defense law at a high level, how it really works, what to watch out for, and how it all feels.
“Gerry Schwartzbach’s fascinating book is not only packed with great tales of injustice subverted by intelligence and passion, but it reminds us how the litany of prosecutorial injustices we read about daily, can be overthrown by the old industrial-age values of diligence, deep thought, and a burning commitment to justice. Though many of the cases in this book are about the famous, I met him when he was defending a penniless and unknown close friend of mine. I know a stand-up man when I see one, and you should read this book to gain an introduction.”
The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, 7th edition
Call Number: KF3369 .D48 2017 - Advocacy
For more than 45 years, practitioners have relied on The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act to keep them current on U.S. labor law. Now in its Seventh Edition and described as “comprehensive and scholarly” in the Legal Information Buyer’s Guide and Reference Manual, this two-volume treatise is updated annually by distinguished members of the ABA Section of Labor and Employment Law, representing management, labor, and neutrals. Long considered an essential research tool for labor and employment law practitioners, it provides an authoritative, balanced perspective on the legal rights and duties of employees, employers, and unions, along with procedures and remedies under the NLRA. For the specialist, this classic reference is a quick means of accessing leading cases; for the generalist, it provides an excellent summary of the law and its development.
Topics covered include employer-mandated confidentiality agreements and arbitration agreements, employee handbook restrictions on employee activity alleged to be protected and concerted, the definition of critical terms such as “supervisor” and “independent contractor,” the obligation of an employer to provide financial information requested by the union during bargaining, the rights of employees to object to payment of full union dues under a union-shop agreement, the obligation of an employee who is unlawfully discharged under the NLRA to seek interim employment, employer restrictions on the use of company email to discuss union activity, and the standards for determining what constitutes a joint employer relationship.
The American Constitutional Tradition
Call Number: KF4550 .B743 2017
The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments.
In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so.
This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.
Call Number: KF4541 .G55 2017
In this groundbreaking text, three highly acclaimed scholars provide historical context that puts the politics back into constitutional studies.
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Americans with Disabilities
Call Number: KF3469 .P47 2018 - Advocacy
The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements.
In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation.
There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year.
You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being "otherwise qualified" for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make "reasonable accommodation."
Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier.
LexisNexis Practice Guide: Washington Criminal Law, 2017 edition
Call Number: KFW575 .W37 - Kelley Reading Room
This new publication, LexisNexis Practice Guide: Washington Criminal Law, takes the place of the retired Washington Criminal Practice in Courts of Limited Jurisdiction. Author Linda Portnoy partnered with attorney and Judge Lisa Leone to write the book. In addition to receiving feedback from reviewers from county prosecutor offices and private defense attorneys, we were fortunate to have the benefit of Judge Ronald Kessler, a retired King County Superior Court judge and author of the Criminal Caselaw Notebook, as our publication’s reviewing editor and legal consultant.
The new title is a comprehensive criminal law book, covering both felony and misdemeanor state practice. This single volume book contains many additional subjects important to the practice of criminal. Each of the 25 chapters is carefully crafted to contain the essentials for trial practice with a focus on the most authoritative and current state and federal caselaw, rules and statutes; it is written with defense, prosecution and judges in mind. The book is also practice oriented, with many forms and checklists.
American Hustle - DVD
Call Number: DVD A228 - DVD Collection First Floor
The con is on when scam artists and lovers Irving Rosenfeld (Christian Bale) and Sydney Prosser (Amy Adams) are entrapped by ambitious FBI agent Richie DiMaso (Bradley Cooper) and coerced into participating in a major sting operation which hinges on snaring politician Carmine Polito (Jeremy Renner) and his associates. Complicating matters is Irving’s wife Rosalyn (Jennifer Lawrence), who could bring the whole operation crashing down around them all.
Adele's Wish - DVD
Call Number: D810.A7 A34 2008 - DVD Collection First Floor
The true story behind the painting long known as The Woman in Gold, Gustav Klimt's masterpiece, and its remarkable history. Adeles Wish is the remarkable story of an 84-year-old Los Angeles woman's struggle to recover five rare paintings stolen from her family by the Nazis in 1938. The artworks were painted by world-renowned Austrian artist Gustav Klimt. For nearly a decade, Maria Altmann and her lawyer, Randol Schoenberg, battle Austria for the return of these incredibly valuable paintings. Although it begins as a legal dispute, the struggle quickly turns into a political, cultural, and ethical confrontation. In the process, Austria is forced to re-examine not only its role in Nazi art thefts, but also its anti-Semitic past.
About a Boy - DVD
Call Number: DVD A228 - DVD Collection First Floor
Hugh Grant (Notting Hill, Bridget Jones's Diary) is simply brilliant in this comedy hit the critics are hailing as "Hilarious!" (Premiere). Will Lightman (Grant) is a good-looking, smooth-talking bachelor whose primary goal in life is avoiding any kind of responsibility. But when he invents an imaginary son in order to meet attractive single moms, Will gets a hilarious lesson about life from a bright, but hopelessly geeky 12-year-old named Marcus. Now, as Will struggles to teach Marcus the art of being cool, Marcus teaches Will that you're never too old to grow up.
Dear Zachary: A Letter to a Son About His Father 0 DVD
Call Number: HV6535.C3 D43 2009 - DVD Collection First Floor
In this very personal and tragic documentary, filmmaker Kurt Kuenne passionatley tells the story of his close friend Dr. Andrew Bagby, who was murdered by his girlfriend Dr. Shirley Turner. Turner fled the U.S. to her Cnadian home with Andrew's parents in pursuit when it was discovered that Shirely carried Andrew's baby. Through a failing court system Shirely is able to avoid extradition and leaves tragedy in her wake.
The Rape of Europa - DVD
Call Number: N8795.3.G47 R37 2008
The Rape of Europa tells the epic story of the systematic theft, deliberate destruction and miraculous survival of Europe's art treasures during the Third Reich and World War II. Joan Allen narrates this breathtaking chronicle about the battle over the very survival of centuries of Western culture.
Annotations are provided by the publisher, Syndetic Solutions, Amazon, or Google Books.
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