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New Titles - May 2017
American Spies: Modern Surveillance, Why You Should Care, and What to Do About It
Call Number: KF4850 .G725 2017
US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.
All Falling Faiths: Reflections on the Promise and Failure of the 1960s
Call Number: KF373.W465 A3 2017
In this warm and intimate memoir Judge Wilkinson delivers a chilling message. The 1960s inflicted enormous damage on our country; even at this very hour we see the decade’s imprint in so much of what we say and do. The chapters reveal the harm done to the true meaning of education, to our capacity for lasting personal commitments, to our respect for the rule of law, to our sense of rootedness and home, to our desire for service, to our capacity for national unity, to our need for the sustenance of faith. Judge Wilkinson does not seek to lecture but to share in the most personal sense what life was like in the 1960s, and to describe the influence of those frighteningly eventful years upon the present day.
Judge Wilkinson acknowledges the good things accomplished by the Sixties and nourishes the belief that we can learn from that decade ways to build a better future. But he asks his own generation to recognize its youthful mistakes and pleads with future generations not to repeat them. The author’s voice is one of love and hope for America. But our national prospects depend on facing honestly the full magnitude of all we lost during one momentous decade and of all we must now recover.
Beginner's Guide to the Fair Housing Act
Call Number: KF5740.A3281968 G57 2016 - Advocacy
After providing a brief background on general fair housing laws to provide context for these new developments, this book provides an overview
of disparate impact, AFFH, the Equal Access Rule, a proposed HUD rule on hostile housing environments, and the potential impact on housing providers
and their counsel.
Behind the Bench: The Guide to Judicial Clerkships
Call Number: KF8806.5 .S77 2017 - Greenan
Author Debra M. Strauss, J.D. explains all aspects of clerkships in this newly revised edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out.
Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all elements of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. As an entrée into the world of the courts, this is an indispensable handbook for every law student and potential judicial clerk!
The Betrayal: The Nuremberg Trials and German Divergence
Call Number: KZ1176.5 .P75 2016
At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.
Beyond $15: Immigrant Workers, Faith Activists, and the Revival of the Labor Movement
Call Number: HD8085.S413 R67 2017
With captivating narrative and insightful commentary, labor organizer Jonathan Rosenblum reveals the inside story of the first successful fight for a $15 minimum wage, which renewed a national labor movement through bold strategy and broad inclusiveness. Just outside Seattle, an unlikely alliance of Sea-Tac Airport workers, union and community activists, and clergy staged face-to-face confrontations with corporate leaders to unite a diverse, largely immigrant workforce in a struggle over power between airport workers and business and political elites. Digging deep into the root causes of poverty wages, Rosenblum gives a blunt assessment of the daunting problems facing unions today. Beyond $15 provides an inspirational blueprint for a powerful, all-inclusive labor movement and is a call for workers to reclaim their power in the new economy.
Calling the Shots: The President, Executive Orders, and Public Policy
Call Number: KF5053 .G58 2017
Modern presidents are CEOs with broad powers over the federal government.
The United States Constitution lays out three hypothetically equal branches of government—the executive, the legislative, and the judicial—but over the years, the president, as head of the executive branch, has emerged as the usually dominant political and administrative force at the federal level. In fact, Daniel Gitterman tells us, the president is, effectively, the CEO of an enormous federal bureaucracy.
Using the unique legal authority delegated by thousands of laws, the ability to issue executive orders, and the capacity to shape how federal agencies write and enforce rules, the president calls the shots as to how the government is run on a daily basis. Modern presidents have, for example, used the power of the purchaser to require federal contractors to pay a minimum wage and to prohibit contracting with companies and contractors that knowingly employ unauthorized alien workers.
Presidents and their staffs use specific tools, including executive orders and memoranda to agency heads, as instruments of control and influence over the government and the private sector. For more than a century, they have used these tools without violating the separation of powers. Calling the Shots demonstrates how each of these executive powers is a powerful weapon of coercion and redistribution in the president's political and policymaking arsenal.
Cardiac Arrest: Five Heart-Stopping Years as a CEO On the Feds' Hit-List
Call Number: KF225.R66 R66 2016
Who polices America s prosecutors? And when they set their sights on an innocent CEO, can he survive a 5-year, $25 million legallabyrinth to save the company he built, and himself from prison?Howard Root started Vascular Solutions with little more than a dream and an idea for a single medical device. Fifteen years later, his Minnesota company had created over 500 American jobs and developed more than 50 new medical devices that saved andimproved lives.But in 2011, the federal government threatened to destroy his company and put Howard behind bars for years. Why?Federal prosecutors had been sold a bill of goods a tall tale peddled by a money-hungry ex-employee out for revenge. All over one device. A device that never harmed a single patient and made up less than 1% of the company s sales.The investigation revealed the charges to be baseless, but the scalp-hunting prosecutors didn t back off. Instead they dug in threatening witnesses, misleading grand juries, and strategically leaking secret documents. Whatever it took to pressure a headline grabbing settlement.Howard Root stood up to the shakedown. Five years, 121 attorneys and $25 million in legal fees later, his life s work and freedom rested in the hands of 12 strangers in a San Antonio jury room. Would Howard and his company be vindicated by the verdict, or hadhe made the biggest mistake of his life by challenging the federal government? Cardiac Arrest is the eye-opening true story of life on the Feds hit-list, told from the desk of a CEO who decided to fight back. Follow Howard from the boardroom to thecourtroom, as he tells the inside story of the case that sparked outrage in the pages of The Wall Street Journal and triggered a congressional investigation."
The Case for the Corporate Death Penalty: Restoring Law and Order on Wall Street
Call Number: HG181 .R36 2017
An unprecedented breakdown in the rule of law occurred in the United States after the 2008 financial collapse. Bank of America, JPMorgan, Citigroup, Goldman Sachs, and other large banks settled securities fraud claims with the Securities and Exchange Commission for failing to disclose the risks of subprime mortgages they sold to the investing public. But a corporation cannot commit fraud except through human beings working at and managing the firm. Rather than breaking up these powerful megabanks, essentially imposing a corporate death penalty, the government simply accepted fines that essentially punished innocent shareholders instead of senior leaders at the megabanks. It allowed the real wrongdoers to walk away from criminal responsibility.
In The Case for the Corporate Death Penalty, Mary Kreiner Ramirez and Steven A. Ramirez examine the best available evidence about the wrongdoing underlying the financial crisis. They reveal that the government failed to use its most powerful law enforcement tools despite overwhelming proof of wide-ranging and large-scale fraud on Wall Street before, during, and after the crisis.
The pattern of criminal indulgences exposes the onset of a new degree of crony capitalism in which the most economically and political powerful can commit financial crimes of vast scale with criminal and regulatory immunity. A new economic royalty has seized the commanding heights of our economy through their control of trillions in corporate and individual wealth and their ability to dispense patronage. The Case for the Corporate Death Penalty shows that this new lawlessness poses a profound threat that urgently demands political action and proposes attainable measures to restore the rule of law in the financial sector.
A Changing Landscape: The Conservation Easement Reader
Call Number: KF658.C65 .R57 2016
Conservation easements are an essential tool for protecting the American landscape. Between 2000 and 2010, the number of acres protected by land trusts grew from 23 million acres to 47 million acres. Conservation easements used by federal, state, and local governments would likely add several million additional acres to this total. Given their widespread use, ongoing innovations, and pressing environmental challenges, the time is ripe to provide a comprehensive review of conservation easements. A Changing Landscape: The Conservation Easement Reader does just that, offering conservationists, academics, government officials, and others a nuanced, multifaceted resource.
Featuring excerpts of leading articles and reports in law and in the natural and social sciences, The Conservation Reader illuminates various aspects of conservation easements. The book opens with background concepts in real property law, a history of the legal development and use of conservation easements, and examples of how these tools are used to achieve various environmental, conservation, and business goals. The Conservation Reader also examines the limitations and critiques of conservation easements, their tax treatment, and how they can be used in strategic resources planning and protection. The book closes with a forward-looking discussion of the evolving use of conservation easements in other countries, touching upon the promise and challenge of adapting this instrument internationally. Throughout, The Conservation Reader arms readers with the information they need in determining when and how the use of conservation easements is appropriate to achieve their strategic conservation goals.
Citizenship in Question: Evidentiary Birthright and Statelessness
Call Number: JF801 .C573525 201
Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens.
Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock
Coercion and Responsibility in Islam: A Study in Ethics and Law (Oxford Islamic Legal Studies)
Call Number: KB867.5 .S94 2017
In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder.
Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.
Congress and the Media: Beyond Institutional Power
Call Number: JK1128 .V56 2017
Over the last four decades, members of Congress have increasingly embraced media relations as a way to influence national policymaking and politics. In 1977, nearly half of congressional members had no press secretary. Today, media relations is a central component of most congressional offices, and more of that communications effort is directed toward national media, not just the local press. Arguing that members of Congress turn to the media to enhance their formal powers or to compensate for their lack of power, Congress and the Media explains why congressional members go public and when they are likely to succeed in getting coverage. Vinson uses content analysis of national newspaper and television coverage of congressional members over time and members' messages on social media as well as case studies to examine how members in different political circumstances use the media to try to influence policymaking and how this has changed over time. She finds that members' institutional position, the political context, increasing partisan polarization, and journalists' evolving notions of what is newsworthy all affect which congressional members are interested in and successful in gaining media coverage of their messages and what they hope to accomplish by going public. Ultimately, Congress and the Media suggests that going public can be a way for members of Congress to move beyond their institutional powers, but the strategy is not equally available to all members nor effective for all goals.
Creativity Without Law: Challenging the Assumptions of Intellectual Property
Call Number: K1401 .C735 2017
Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation.
This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses—sensitive to their particular cultural, competitive, and technological circumstances—to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules.
Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.
Debating the Presidency: Conflicting Perspectives on the American Executive
Call Number: JK516 .D43 2018
The study of the presidency-the power of the office, the evolution of the executive as an institution, the men who have served-has generated a great body of research and scholarship. This book encourages students to grapple with the ideas of the literature by presenting conflicting perspectives on some of the most pivotal issues facing the modern presidency. In the three pro/con pairs that are new to this edition, contributors debate if executive orders undermined democracy, if social media has brought the president closer to the people, and if the vice presidency should be abolished. Ellis and Nelson introduce each pair of essays, giving students context and preparing them to read each argument critically, so they can decide for themselves which side of the debate they find most persuasive.
Evidence of the Law: Proving Legal Claims
Call Number: KF8935 .L39 2017
How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law.
As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Free Women, Free Men: Sex, Gender, Feminism
Call Number: HQ1155 .P34 2017
From the fiery intellectual provocateur— and one of our most fearless advocates of gender equality—a brilliant, urgent essay collection that both celebrates modern feminism and challenges us to build an alliance of strong women and strong men.
Ever since the release of her seminal first book, Sexual Personae, Camille Paglia has remained one of feminism’s most outspoken, independent, and searingly intelligent voices. Now, for the first time, her best essays on the subject are gathered together in one concise volume. Whether she’s calling for equal opportunity for American women (years before the founding of the National Organization for Women), championing a more discerning standard of beauty that goes beyond plastic surgery’s quest for eternal youth, lauding the liberating force of rock and roll, or demanding free and unfettered speech on university campuses and beyond, Paglia can always be counted on to get to the heart of matters large and small. At once illuminating, witty, and inspiring, these essays are essential reading that affirm the power of men and women and what we can accomplish together.
Gun Control in the United States: A Reference Handbook, 2d edition
Call Number: HV7436 .C36 2017 - Greenan
This up-to-date second-edition work will stimulate and clarify readers' thinking on the key issues surrounding guns in the United States―especially on the debate over gun control.
• Provides a balanced view of the contemporary gun debate in the United States, explaining the positions of both gun rights proponents and advocates of stricter gun control without demonizing either
• Draws on a vast array of research in criminology, history, law, medicine, politics, and social science to provide one of the most comprehensive single-source references on gun issues
• Presents current and historical data on U.S. gun violence―including homicides, suicides, and accidental shoots―and places these numbers against international statistics on gun violence, thereby providing the context to enable readers to reach their own opinion on the gun debate
The Gun Debate: An Encyclopedia of Gun Control & Gun Rights
Call Number: KF3941.A68 U88 2016 - Greenan
With public debate of gun violence at an all-time high, this new third edition of The Gun Debate: An Encyclopedia of Gun Control & Gun Rights is a must-have resource for all libraries.* Over 350 entries provide in-depth coverage of both sides of the gun debate.* Updated and expanded coverage includes new entries on recent gun laws and legislation, coverage of mass shootings and gun incidents, plus new information from the groups who support gun rights, and those who support gun control in the United States.* Content is arranged using a balanced and unbiased approach to this controversial issue.* Easy-to-use A-Z format, with numerous cross-references.* Detailed Preface and Introduction provide the reader with a useful background to the gun debate in America.* Expanded Primary Documents Section, including speeches, articles, and legislation surrounding the gun debate.* Appendix 1: State Constitutional Gun Rights Provisions & Stand Your Ground laws.* Appendix 2: Statutory and Constitutional Provisions Relating to the Purchase, Ownership, and Use of Firearms.* Appendix 3: List of Organizations.* Updated Chronology, now including key 2016 legislation and shooting incidents.* Bibliography, Subject Index & New Category Index.* Available in print and ebook formats. Combining the history of this important issue with current events and current viewpoints, this new third edition will be an important addition to public, university and high school libraries.
An Introduction to the International Criminal Court, 5th edition
Call Number: KF3941.A68 U88 2016
The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.
Japanese War Criminals: The Politics of Justice After the Second World War
Call Number: KZ1181 .W55 2017
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law.
Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Law Professors: Three Centuries of Shaping American Law
Call Number: (KF272 .P74 2017
There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture.
“The natural audience for this book is academics, members of the bar and law students. For these last in particular, it may become essential reading. Law professors like putting their students through the hoops by asking them bewildering questions; Mr Presser’s book does a good job of distilling what is actually being taught. . . . America is consumed by serious legal debates about issues, what the law says, what people think the law should say―and whether that is law. This may be the book that comes closest to spelling out what is really being argued. . . .”
Read full review at The Economist, Books and Arts, February 2, 2017
“Even more improbable is how a book about three centuries of law professors could be enjoyable. Yet it is. Every rising law student in the United States should read it as a primer; experienced legal educators should consult it to refresh their memory about the history and purpose of their profession.”
Read full review at The University Bookman, Winter 2017
“Law Professors is an exceptionally fine book – written in a sprightly style, well-illustrated and containing (as befits a scholarly tome) a detailed index. Displaying an easy but encyclopedic mastery of legal history, Presser covers American law from its English common law roots to the present . . . . Throughout, Presser demonstrates impressive erudition and fair-mindedness, analyzing the evolution of American law and legal education since colonial times. . . . Presser dispenses with the jargon and pretense so typical of law review articles, explaining with elegant simplicity such concepts as natural law, common law, civil law, formalism, legal realism, “critical legal studies,” “law and economics,” originalism, and critical race theory. . . . unique, highly readable, and informative. . . ."
Read full review at Library of Law and Liberty, March 16, 2017
Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform
Call Number: HV9471 .P449 2017
"Pfaff, let there be no doubt, is a reformer...Nonetheless, he believes that the standard story--popularized in particular by Michelle Alexander, in her influential book, The New Jim Crow--is false. We are desperately in need of reform, he insists, but we must reform the right things, and address the true problem."
--Adam Gopnik, The New Yorker
A groundbreaking examination of our system of imprisonment, revealing the true causes of mass incarceration as well as the best path to reform
In the 1970s, the United States had an incarceration rate comparable to those of other liberal democracies-and that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?
Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations-the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons-tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes-and why some people are violent in the first place.
An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.
Owning Ideas: The Intellectual Origins of American Intellectual Property, 1790-1909
Call Number: KF2979 .B66 2016
Owning Ideas is a comprehensive account of the emergence of the concept of intellectual property in the United States during the long nineteenth century. In the modern information era, intellectual property has become a central economic and cultural phenomenon and an important lever for allocating wealth and power. This book uncovers the intellectual origins of this modern concept of private property in ideas through a close study of its emergence within the two most important areas of this field: patent and copyright. By placing the development of legal concepts within their social context, this study reconstructs the radical transformation of the idea. Our modern notion of owning ideas, it argues, came into being when the ideals of eighteenth-century possessive individualism at the heart of early patent and copyright were subjected to the forces and ideology of late-nineteenth-century corporate liberalism.
Patent Politics: Life Forms, Markets, and the Public Interest in the United States and Europe
Call Number: TP248.175 .P35 2017
Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social.
To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
Privacy and the American Constitution: New Rights Through Interpretation of an Old Text
Call Number: KF1262 .H44 2016
This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion.
The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law.
At last, a book about constitutional interpretation that speaks plain English and makes sense. It’s the best work I know on the subject, yet that subject is not the one it’s mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It’s also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge.
The Rights and Aspirations of the Magna Carta
Call Number: JN147 .R54 2016
This book provides an original and multidisciplinary approach on Magna Carta (1215) as a joint heritage, a source of inspiration both for long established democracies and countries which only recently experienced the Rule of Law. Far from simply extolling the virtues associated with Magna Carta, it explores the gaps of the Great Charter. Instead of dealing separately with the historians’ and the lawyers’ outlooks as two conflicting perspectives, it juxtaposes the views of medievalist and contemporary historians with those of practicing lawyers and law academics, offering readers a thorough yet accessible historic and legal analysis of the charter and its meaning for the citizens of twenty-first century democracies. At a time of the erosion of civil liberties and fundamental rights, The Rights and Aspirations of the Magna Carta provides a rare insight into the 1215 medieval charter and its legacy.
Seeing the Myth in Human Rights
Call Number: JC571 .R4507 2017
The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project.
Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.
ABA Standards for Criminal Justice--Fair Trial and Public Discourse
Call Number: KF9223.5 .A92 2016 - Greenan
Fair Trial and Public Discourse is the subject of a new set of ABA Criminal Justice Standards approved by the ABA House of Delegates in August 2013.
Small-Town GTMO: The Layers of Estate, Sovereignty, and Soil in U.S. Naval Station Guantánamo Bay
Call Number: VA68.G8 F76 2016
Small-Town GTMO offers a fresh and first-person perspective on Guantánamo legal issues, focusing on the threshold issue of whether the United States can be there at all rather than the more common issue of whether the military base should be used as a terrorist detention site. This book offers a unique combination of analysis and personal narrative to answer a fundamental question: Is there legal justification for the U.S. naval station at Guantánamo Bay? Reaching back to the founding of the naval station in 1898 and the original lease documents in 1903, the author provides a powerful answer: Yes, based on a structure of layered property interests and layered sovereignties. Cuba s future estate and sovereignty are reversionary, lying dormant and perpetually beneath the United States present estate and sovereignty. Vivid photographs and descriptions of the author s experiences in Guantánamo frame the analysis, and this personal account illustrates how the tangible layers of soil reflect the legal layers of estate and sovereignty. Small-Town GTMO presents an innovative argument for the legitimacy of the United States base under principles of sovereignty, contract law, and property law, and provides a rare look inside the Guantánamo naval station.
Striking the Balance: Debating Criminal Justice and Law
Call Number: KF9223 .L57 2017
Award-winning professor and author Matthew Lippman enhances teaching and learning with his newest text, Striking the Balance: Debating Criminal Justice and Law. Organizing the book around clashing points of view on contemporary issues in criminal justice and criminal law, Lippman puts each debate into context for students to help them develop a better understanding of the issue. Designed to develop the reader’s critical thinking skills, the text offers students summaries of contrasting views from original sources, questions for classroom discussion, and engaging “You Decide” activities. Additionally, chapter topics are independent of one another, giving instructors the flexibility to customize the material to their individual course organization. Edited to minimize technical legal terms, the text is the perfect companion to any criminal law or introductory criminal justice textbook.
Transmedia Crime Stories: The Trial of Amanda Knox and Raffaele Sollecito in the Globalised Media Sphere (Palgrave Studies in Crime, Media and Culture)
Call Number: HV6515 .T73 2016
This collection focuses on media representations of Amanda Knox and Raffaele Sollecito, defendants in the Meredith Kercher murder case. Adopting a multidisciplinary approach, encompassing criminology, socio-legal analysis, critical discourse studies, cultural studies and celebrity studies, the book analyses how this case was narrated in the media and why Knox emerged as the main protagonist. The case was one of the first transmedia crime stories, shaped and influenced by its circulation between a variety of media platforms. The chapters show how the new media landscape impacts on the way in which different stakeholders, from suspects and victims’ families to journalists and the general public, are engaging with criminal justice. While traditional news media played a significant role in the construction of innocence and guilt, social media offered users a worldwide forum to talk back in a way that both amplified and challenged the dominant media narrative biased in favour of a presumption of guilt.
Vaccine Court: The Law and Politics of Injury
Call Number: KF3808 .K57 2016
The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person’s medical problem.
In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.
Forms Under Article 9 of the UCC, 3d edition
Call Number: KF1048.5 .F67 2016 - Greenan
This updated and expanded third edition includes materials designed to aid both the new and seasoned practitioner. Essential for both in-house counsel and counsel representing either party in a secured transaction, the forms are updated to contain all provisions and changes from the 2010 Official Text of the UCC. The book contains downloadable forms and tools that you can customize for your own use.
Toxic Exposure Claims: Toxic Exposure Claims
Call Number: KF3958 .T685 2016 - Greenan
A quick reference dedicated solely to covering claims and defenses applicable to toxic exposure across all fifty states and the District of Columbia, including case law and statutory authority. This book is ideal for litigators practicing in this area, as well as for in-house counsel whose businesses deal with chemical products.
Legal Writing and Analysis in a Nutshell, 5th edition
Call Number: KF250 .B34 2017 - Reserve
This book provides a ten-step guide to clear, precise, and effective legal writing and analysis for both law students and experienced lawyers. It gives the keys to writing legal memoranda and briefs, organizing analysis, crafting clear and concise sentences, using legal language accurately, using grammar and punctuation properly, writing persuasively using classical rhetorical techniques. The book describes a method for analyzing and improving individual writing style includes a sample analysis. It also includes new material on using plain English and new legal documents to illustrate effective writing techniques.
Prince’s Dictionary of Legal Citations: A Reference Guide for Attorneys, Legal Secretaries, Paralegals, and Law Students, 7th edition
Call Number: KF246 .B46 2017 - Reference
A comprehensive list of abbreviations (for nearly 36,000 terms) used in legal encyclopedias, law dictionaries, law reporters, loose-leaf services, law reviews, legal treatises, legal reference books and citators. In addition to providing the meaning of abbreviations and acronyms, the reverse dictionary also enables the user to locate the abbreviations for titles, terms and names used in legal literature.
Repossessions, 9th edition
Call Number: KF1058 .S54 2017 - Access to Justice
Covering every aspect of motor vehicle, manufactured home, and household goods repossessions and deficiency claims: (1) Invalid security interests and restrictions on default; (2) Illegal self-help repossessions; (3) Notice of sale and proper disposition of the collateral; and (4) Calculating and limiting deficiencies.
Sack on Defamation: Libel, Slander & Related Problems, 5th edition
Call Number: KF1266 .S22 - Advocacy
Written by a current U.S. Court of Appeals judge and member of the adjunct faculty of Columbia Law School who practiced media law at the highest level for more than thirty years, Sack on Defamation offers strategic guidance for both plaintiffs and defense attorneys, and fully covers the basic elements of a defamation claim, including: -the types and amounts of damages that can be awarded -the sometimes confusing treatment of libel per se and slander per se invasion of privacy torts -the causes of action for injurious falsehood, intentional infliction of emotional distress, negligent misstatement, and more, and issues of jurisdiction and motion practice. Sack on Defamation pinpoints practical legal issues vital to your clients, helping you understand when truth is not a defense insults and name-calling cross the line into defamation accurate repeating of another s statements can be actionable public disclosure of private facts becomes actionable statements of opinion are not protected and defamatory communications are privileged. It also integrates coverage of Internet and social media issues. This treatise provides practice insight into how to: persuade courts to dismiss complaints or grant summary judgments and how to resist a motion for either use various kinds of evidence to prove actual malice with convincing clarity meet burdens of proof for various claims and win appropriate damages deploy the most effective defenses for different causes of action advise clients on how to disseminate their views without triggering costly lawsuits.
Typography for Lawyers, 2d edition
Call Number: KF250 .B88 2015 - Reference
If Matthew Butterick didn't exist, it would be necessary to invent him. From the foreword by Bryan A. Garner Originally released to great acclaim in 2010, Typography for Lawyers was the first guide to the essentials of typography aimed specifically at lawyers. Author Matthew Butterick, an attorney and Harvard-trained typographer, dispelled the myth that legal documents are incompatible with excellent typography. Butterick explained how to get professional results with the tools you already have quickly and easily. Revised and updated, Typography for Lawyers 2nd builds on the topics and tutorials included in the first edition with 20 pages of new material. The second edition includes: - New topics such as email, footnotes, alternate figures, and OpenType features. - Advice for presentations, contracts, grids of numbers, and court opinions. - Technical tips covering the newest versions of Word and WordPerfect for Windows and OS X. - New font recommendations, including two that are free. - New essays on the font copyrights, screen-reading considerations, and typographic disputes that have reached the courts. - A refreshed layout, featuring type features designed by the author.
International Human Rights Litigation: A Guide for Judges
Call Number: KF1309.5 .N37 2016
The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law.
The Birth of a Nation 2016 - DVD
Call Number: DVD B578 2016 - DVD Collection 1st Floor
Set against the antebellum South, The Birth of a Nation follows Nat Turner (Nate Parker), a literate slave and preacher, whose financially strained owner, Samuel Turner (Armie Hammer), accepts an offer to use Nat’s preaching to subdue slaves. As he witnesses countless atrocities, against himself and his fellow slaves, Nat orchestrates an uprising in the hopes of leading his people to freedom.
The Birth of a Nation 1915 - DVD
Call Number: DVD B578 1915 - DVD Collection 1st Floor
D.W. Griffith's epic tale of the American civil war, told primarily from the perspective of the South. The story is nominally that of two families, one from the north, the other the south, and the challenges they face during the war. Heavily slanted in favor of the Confederates, who are noble and right, against the Yankees who are degenerate and without scruples. When black Union troops take over the town of Piedmont, South Carolina the Ku Klux Klan becomes the white population's saviors.
Allied - DVD
Call Number: DVD A39 - DVD Collection 1st Floor
The story of intelligence officer Max Vatan, who in 1942 North Africa encounters French Resistance fighter Marianne Beausejour on a deadly mission behind enemy lines. Reunited in London, their relationship is threatened by the extreme pressures of the war.
Conspiracy Theory - DVD
Call Number: DVD C6662 - DVD Collection 1st Floor
Jerry Fletcher is a man in love with a woman he observes from afar. She works for the government. Fletcher is an outspoken critic of that government. He has conspiracy theories for everything, from aliens to political assassinations. But soon, one of his theories finds itself to be accurate. But which one? Some dangerous people want him dead and the only person he trusts is that woman he loves but does not know.
Down By Law - DVD
Call Number: DVD D685 - DVD Collection 1st Floor
In Louisiana, Laurette has an argument with her boyfriend, DJ Zack a.k.a. Lee Baby Simms, and breaks up with him. The upset Zack drinks alcohol on the street and his acquaintance Preston offers him US$ 1,500 to drive a Jaguar to the other side of the city. However, there is one problem - a man is locked up in the trunk of the car. Zack is arrested and sent to the Orleans Parish Prison. Meanwhile the pimp Jack is framed by his acquaintance, arrested and put in the same cell as Zack. When an Italian Roberto, a.k.a. Bob, who does not speak English very well joins them in the same cell, the trio develops a strange friendship. Bob proposes a means of escape from prison.
Baseball: A Film by Ken Burns - DVD
Call Number: GV863.A1 B374 2010 - DVD Collection 1st Floor
A documentary on the history of the sport with major topics including Afro-American players, player/team owner relations and the resilience of the game.
The Civil War 25th Anniversary Edition - DVD
Call Number: E468 .C58 2015 - DVD Collection 1st Floor
The Civil War is the 1990 American television documentary miniseries created by Ken Burns about the American Civil War. It was first broadcast on PBS on five consecutive nights from September 23 to 27, 1990. Approximately 40 million viewers watched it during this broadcast, making it the most-watched program ever to air on PBS.
Fences - DVD
Call Number: DVD F46 - DVD Collection 1st Floor
Fences is the story of Troy Maxson, a mid-century Pittsburgh sanitation worker who once dreamed of a baseball career, but was too old when the major leagues began admitting black players. He tries to be a good husband and father, but his lost dream of glory eats at him, and causes him to make a decision that threatens to tear his family apart.
The Great Debaters - DVD
Call Number: DVD G73 - DVD Collection 1st Floor
True story of professor Melvin B. Tolson who formed a debate team at a small, African American college in the 1930s. The team went on to beat Harvard in the national debate championships.
Horrible Bosses 1 & 2 - DVD
Call Number: DVD H67 - DVD Collection 1st Floor
Horrible Bosses 1 - For Nick, Kurt and Dale, the only thing that would make the daily grind more tolerable would be to grind their intolerable bosses into dust. Quitting is not an option, so, with the benefit of a few-too-many drinks and some dubious advice from a hustling ex-con, the three friends devise a convoluted and seemingly foolproof plan to rid themselves of their respective employers -- permanently. There's only one problem: even the best laid plans are only as foolproof as the brains behind them.
Horrible Bosses 2 - Nick, Dale and Kurt decide to become their own bosses by launching a business. After a slick investor deceives them, they hatch a misguided plan to get their company back.
This DVD was donated to the library. No library funds were used to acquire this movie.
Gonzaga Basketball: Celebrating the Decade of Excellence, 1999-2009 - DVD
Call Number: GV885.43.G66 C45 2009 - DVD Collection 1st Floor
In the Spring of 1999, a group of men from an obscure, Jesuit University in the Pacific Northwest rocked the world of college basketball. Their heroic journey over Minnesota, Stanford & Florida, and their epic battle with eventual National Champion UConn, would put into motion a series of events that would transform not only that small University, but the world of college basketball. Over the course of the next decade, the name no one could pronounce would become the standard to which other programs would aspire. This is that story. It's a story as American as apple pie. A story as old as David & Goliath. A story that inspires dreams. This is the story of Gonzaga and its rise to the top of the basketball world. It's a story of dedication, commitment & faith in something bigger than oneself. This is the story of excellence applied in a way that has transformed a university, a community and the culture of college basketball. This is the story of Gonzaga's Decade of Excellence.
This DVD was donated to the library. No library funds were used to acquire this movie.
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