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September 2017 - New Titles
Artistic License: The Philosophical Problems of Copyright and Appropriation
Publication Date: K1420.5 .H53 2017
The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.
Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
Avenging the People: Andrew Jackson, the Rule of Law, and the American Nation
Call Number: KF368.J33 O63 2017
Most Americans know Andrew Jackson as a frontier rebel against political and diplomatic norms, a "populist" champion of ordinary people against the elitist legacy of the Founding Fathers. Many date the onset of American democracy to his 1829 inauguration.
Despite his reverence for the "sovereign people," however, Jackson spent much of his career limiting that sovereignty, imposing new and often unpopular legal regimes over American lands and markets. He made his name as a lawyer, businessman, and official along the Carolina and Tennessee frontiers, at times ejecting white squatters from native lands and returning slaves to native planters in the name of federal authority and international law. On the other hand, he waged total war on the Cherokees and Creeks who terrorized western settlements and raged at the national statesmen who refused to "avenge the blood" of innocent colonists. During the long war in the south and west from 1811 to 1818 he brushed aside legal restraints on holy genocide and mass retaliation, presenting himself as the only man who would protect white families from hostile empires, "heathen" warriors, and rebellious slaves. He became a towering hero to those who saw the United States as uniquely lawful and victimized. And he used that legend to beat back a range of political, economic, and moral alternatives for the republican future.
Drawing from new evidence about Jackson and the southern frontiers, Avenging the People boldly reinterprets the grim and principled man whose version of American nationhood continues to shape American democracy.
Beyond Marriage: Continuing Battles for LGBT Rights
Call Number: KF4754.5 .M489 2017
In this book, Susan Gluck Mezey examines Lgbt policymaking over the last several decades, highlighting advances in Lgbt rights as well as formidable challenges that still confront the Lgbt community. With an emphasis on courts, she traces developments in the struggles for Lgbt rights in the United States and abroad.
The Bilingual Courtroom: Court Interpreters in the Judicial Process 2d edition
Call Number: KF8725 .B47 2017
Susan Berk-Seligson’s groundbreaking book draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts—along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony—to present a systematic study of court interpreters that raises some alarming, vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty of a crime.
This second edition of the The Bilingual Courtroom includes a fully updated review of both theoretical and policy-oriented research relevant to the use of interpreters in legal settings, particularly from the standpoint of linguistic pragmatics. It provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons; updates trends in interpreter certification and credentialing, both in the United States and abroad; explores remote interpreting (for example, by telephone) and interpreter training programs; looks at political trials and tribunals to add to our awareness of international perspectives on court interpreting; and expands upon cross-cultural issues. Also featuring a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
Call Number: KF9323 .F46 2017
Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children.
In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries.
Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children.
Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government
Call Number: JK411 .P67 2017
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Cambridge Companion to Judaism and Law
Call Number: KBM524 .C36 2017
The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel. Part I focuses on the emergence and development of law as an essential element of religious expression in biblical Israel and classical Judaism through the medieval period. Part II considers the ramifications for the law arising from political emancipation and the invention of Judaism as a 'religion' in the modern period. Finally, Part III traces the historical and ideological processes leading to the current configuration of religion and state in modern Israel, analysing specific conflicts between religious law and state law.
Capital Offenses: Business Crime and Punishment in America's Corporate Age
Call Number: HV6769 .B84 2016
If “corporations are people too,” why isn’t anyone in jail?
A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal.
In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron―the biggest white-collar crime case in U.S. history―to present an in-depth examination of business crime today
At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute―a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators.
Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake―delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”―showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations.
An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
Ceci N'est Pas une Copie: Design Between Innovation and Imitation
Call Number: K1490 .M47 2016
Copying is bad. So we are told, from school to the workplace. Gaining money or honor by stealing someone else's work is morally despicable and forbidden by law. But is it really that simple? Sometimes a copy - or something that strongly resembles the original - can bring fresh new insights about the original. The line between innovation and imitation is not always clear, and as technology allows us to come closer to the art of perfect imitation, things such as originality and individual authorship are placed under pressure.
In Ceci n'est pas Une Copie design journalist Chris Meplon looks for the nature, meaning and perception of copying techniques in design practice. The book offers a wide selection of interesting examples and perspectives on 'copying', making for a reader-experience that is both informative and open-ended, allowing you to make up your own mind.
Child Abuse and Neglect Cases: A Comprehensive Guide to Understanding the System
Call Number: KF9323 .C87 2016 - Advocacy
Children deserve our love, support and most of all our protection. This book is roadmap for anyone that wants to help keep children safe. This guide suggests practice standards to help judges, parents' attorneys, children's attorneys, CFS workers, GALs and family members ask the questions that need to be asked in every case.
Commercial Lending Law: A Jurisdiction-by-Jurisdiction Guide to U.S. and Canadian Law 2d edition
Call Number: KF1035 .C658 2016 - Advocacy
Since the publication of the first edition, there have been considerable developments in statutory and case law relevant to commercial lending growing out of the litigation and legislation sparked by the recession in 2008. Practical and easy to use, this compendium outlines the essential information about commercial lending law in all 50 states, plus Canada and U.S. territories. As a comprehensive, two-volume set, this resource is convenient for lawyers negotiating or reviewing commercial lending laws outside their own jurisdiction.
Constitution Writing, Religion and Democracy
Call Number: K3280 .C663 2017
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Constitutional Courts, Gay Rights and Sexual Orientation Equality
Call Number: K3242.3 .S68 2017
In the last fifteen years, constitutional issues regarding the rights of gays, lesbians, and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for homosexual couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international level and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
The Death Penalty As Torture
Call Number: K5104 .B48 2017
During the Dark Ages and the Renaissance, Europes monarchs often resorted to torture and executions. The pain inflicted by instruments of torture from the thumbscrew and the rack to the Inquisition s tools of torment was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English Bloody Code made more than 200 crimes punishable by death, and judicial torture expressly authorized by law and used to extract confessions permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria the father of the world s anti death penalty movement condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of lawful sanctions, some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which mock or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries one of the products of the Enlightenment now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty s use.
The Death Penalty as Torture: From the Dark Ages to Abolition was named a Bronze Medalist in the World History category of the Independent Publisher Book Awards.
Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty
Call Number: KF4600 .M47 2017
The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century.
Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered.
In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
Domestic Abuse, Child Custody, and Visitation: Winning in Family Court
Call Number: KF9320 .K57 2017
When domestic abuse and children are involved, divorce and custody can be the epitome of high-stakes conflict and frustration and all too frequently protective parents lose custody of their child to a named abuser. Domestic Abuse, Child Custody, and Visitation helps mental health professionals, attorneys, and lay readers navigate the judicial process so that decisions are truly made in the best interest of children. The text reveals how all the puzzle pieces of the judicial process fit together -- judges, attorneys, mental health experts, children, spouses -- and how to overcome many of the obstacles they will confront along the way. This runs the gamut, from the selection of a lawyer and experts, to setting necessary groundwork for an appeal. Domestic Abuse, Child Custody, and Visitation is an essential read for mental health professionals and lay people involved in divorce and custody, family court judges, family law attorneys, and mental health professionals involved in domestic abuse and custody matters.
Education in America: Sociology in the Twenty-First Century
Call Number: LC213.2 .G69 2017
Education in America provides an essential, comprehensive introduction to education in the U.S., from its origins to its contemporary manifestations. Focusing on social inequality, Kimberly A. Goyette calls into question Horace Mann’s famous proclamation that education is the “great equalizer” and examines how education stratifies students based on socioeconomic background, race, and gender. She identifies the 'hidden curriculum' beneath equations and grammar rules, from which students may learn what is expected of them based on their anticipated roles in society. Referencing school reforms such as No Child Left Behind, Race to the Top, and Common Core, Goyette shows that education is not merely reflective of a society’s views, but instrumental in shaping and changing society’s structure.
Electing the House
Call Number: JK1341 .D69 2017
In the United States we elect members of the House of Representative from single-member districts: the candidate who receives the most votes from each geographically defined district wins a seat in the House. This system—so long in place that it seems perfectly natural—is, however, unusual. Most countries use proportional representation to elect their legislatures. Electing the House is the first book-length study to explore how the US came to adopt the single-member district system, how it solidified into a seemingly permanent fixture of American government and whether it performs well by the standards it was intended to achieve.
The US Constitution grants the states the authority to elect representatives in a manner of their own choosing, subject to restrictions that Congress might impose. Electing the House reminds us that in the nation’s early years the states exercised this privilege and elected their representatives using a variety of methods. Dow traces the general adoption of the present system to the Jacksonian Era—specifically to the major franchise expansion and voter mobilization of the time. The single-member district plurality-rule system was the Federalists’ solution to tyranny of the majority under the expectation of universal franchise, and the Jacksonian-Whigs–Era response to the political uncertainty caused by large-scale voter mobilization. The system was solidified concurrently with the enfranchisement of women in the early twentieth century and African Americans in the Civil Rights Era. Dow persuasively argues that the single-member district system became the way that we elect our representatives because it fits especially well within the corpus of political thought that informs our collective understanding of good governance and it performs well by the standards it was meant to achieve, and these standards are still relevant today.
Locating the development of single-member district system within the context of American political thought, Dow's study clarifies the workings and the significance of a critical electoral process in our time. In the process, the book informs and enhances our understanding of the evolution of the American political system.
Exonerated: A History of the Innocence Movement
Call Number: KF9756 .N67 2017
Documentaries like Making a Murderer, the first season of Serial, and the cause célèbre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit.
In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the “innocence movement.” Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States.
Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent.
Exonerated reveals the rich background story to this complex movement.
Federal Intervention in American Police Departments
Call Number: KF5399 .R87 2017
For much of American history, the federal government has played a limited role in local police regulation. That all changed in 1994, when Congress passed a little known statute that permitted the US Attorney General to reform troubled police departments. Since then, many of the nation's largest police departments - including those in Los Angeles, Chicago, Seattle, Washington, DC, New Orleans, Pittsburgh, Cincinnati, Cleveland, and Albuquerque - have been subject to federal oversight. But until recently, we've known little about how this federal process works. Drawing on original interviews, court documents, statistical data, and media reports, this book provides the first comprehensive account of federal intervention in American police departments. It shows that, under the right circumstances, federal intervention is uniquely effective at combating misconduct in police departments. However, federal intervention is far from perfect. This book concludes by arguing that Congress should expand and improve federal oversight of policing.
The Fourth Amendment in an Age of Surveillance
Call Number: KF9630 .G67 2017
The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.
Freedom and Force
Call Number: K230.K364 F74 2017
This collection of essays takes as its starting point Arthur Ripstein's seminal work, Force and Freedom: Kant's Legal and Political Philosophy, where he reveals the systematic unity of Kant's thinking about law, and at the same time sheds an instructive light on many contemporary issues in legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus elaborating on the significance of Ripstein's presentation of Kant for contemporary legal and political philosophy. They offer themselves as contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include: rights in the body; the relation between morality and law; the nature of coercion and its role in legal obligation; the role of indeterminacy in law; the nature and justification of political society; and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kantian scholars, and philosophers with an interest in Kant or in legal and political philosophy.
Gender and Justice in Family Law Disputes
Call Number: K672 .G46 2017
Recently, new methods of dispute resolution in matters of family law—such as arbitration, mediation, and conciliation—have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as “multicultural challenges” that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity.
Gender and Justice in Family Law Disputes offers insights into how women’s autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
Grit: The Power of Passion and Perseverance
Call Number: BF637.S8 D83 2016
In this instant New York Times bestseller, pioneering psychologist Angela Duckworth shows anyone striving to succeed—be it parents, students, educators, athletes, or business people—that the secret to outstanding achievement is not talent but a special blend of passion and persistence she calls “grit.”
Drawing on her own powerful story as the daughter of a scientist who frequently noted her lack of “genius,” Duckworth, now a celebrated researcher and professor, describes her early eye-opening stints in teaching, business consulting, and neuroscience, which led to the hypothesis that what really drives success is not “genius” but a unique combination of passion and long-term perseverance.
In Grit, she takes readers into the field to visit cadets struggling through their first days at West Point, teachers working in some of the toughest schools, and young finalists in the National Spelling Bee. She also mines fascinating insights from history and shows what can be gleaned from modern experiments in peak performance. Finally, she shares what she’s learned from interviewing dozens of high achievers—from JP Morgan CEO Jamie Dimon to New Yorker cartoon editor Bob Mankoff to Seattle Seahawks Coach Pete Carroll.
He Calls Me by Lightning: The Life of Caliph Washington and the forgotten Saga of Jim Crow, Southern Justice, and the Death Penalty
Call Number: E185.93.A3 B37 2017
Caliph Washington didn’t pull the trigger but, as Officer James "Cowboy" Clark lay dying, he had no choice but to turn on his heel and run. The year was 1957; Cowboy Clark was white, Caliph Washington was black, and this was the Jim Crow South.
As He Calls Me by Lightning painstakingly chronicles, Washington, then a seventeen-year-old simply returning home after a double date, was swiftly arrested, put on trial, and sentenced to death by an all-white jury. The young man endured the horrors of a hellish prison system for thirteen years, a term that included various stints on death row fearing the "lightning" of the electric chair. Twentieth-century legal history is tragically littered with thousands of stories of such judicial cruelty, but S. Jonathan Bass’s account is remarkable in that he has been able to meticulously re-create Washington’s saga, animating a life that was not supposed to matter.
Given the familiar paradigm of an African American man being falsely accused of killing a white policeman, it would be all too easy to apply a reductionist view to the story. What makes He Calls Me by Lightning so unusual are a spate of unknown variables―most prominently the fact that Governor George Wallace, nationally infamous for his active advocacy of segregation, did, in fact, save this death row inmate’s life. As we discover, Wallace stayed Washington’s execution not once but more than a dozen times, reflecting a philosophy about the death penalty that has not been perpetuated by his successors.
Other details make Washington’s story significant to legal history, not the least of which is that the defendant endured three separate trials and then was held in a county jail for five more years before being convicted of second-degree murder in 1970; this decision was overturned as well, although the charges were never dismissed. Bass’s account is also particularly noteworthy for his evocation of Washington’s native Bessemer, a gritty, industrial city lying only thirteen miles to the east of Birmingham, Alabama, whose singularly fascinating story is frequently overlooked by historians.
By rescuing Washington’s unknown life trajectory―along with the stories of his intrepid lawyers, David Hood Jr. and Orzell Billingsley, and Christine Luna, an Italian-American teacher and activist who would become Washington’s bride upon his release―Bass brings to multidimensional life many different strands of the civil rights movement. Devastating and essential, He Calls Me by Lightning demands that we take into account the thousands of lives cast away by systemic racism, and powerfully demonstrates just how much we still do not know.
Hegel's 'Elements of the Philosophy of Right': A Critical Guide
Call Number: K230.H43 A3116 2017
This book is a translation of a classic work of modern social and political thought. Elements of the Philosophy of Right, Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory, and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is widely perceived as central to the communitarian tradition in modern ethical, social, and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable, and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike.
How America Got Its Guns
Call Number: HV7436 .B75 2017
In the United States more than thirty thousand deaths each year can be attributed to firearms. This book on the history of guns in America examines the Second Amendment and the laws and court cases it has spawned. The author’s thorough and objective account shows the complexities of the issue, which are so often reduced to bumper-sticker slogans, and suggests ways in which gun violence in this country can be reduced.
Briggs profiles not only protagonists in the national gun debate but also ordinary people, showing the ways guns have become part of the lives of many Americans. Among them are gays and lesbians, women, competitive trapshooters, people in the gun-rights and gun-control trenches, the NRA’s first female president, and the most successful gunsmith in American history.
Balanced and painstakingly unbiased, Briggs’s account provides the background needed to follow gun politics in America and to understand the gun culture in which we are likely to live for the foreseeable future.
Humankind: Solidarity with Non-Human People
Call Number: BD450 .M645 2017
What is it that makes humans human? As science and technology challenge the boundaries between life and non-life, between organic and inorganic, this ancient question is more timely than ever. Acclaimed Object-Oriented philosopher Timothy Morton invites us to consider this philosophical issue as eminently political. It is in our relationship with non-humans that we decided the fate of our humanity. Becoming human, claims Morton, actually means creating a network of kindness and solidarity with non-human beings, in the name of a broader understanding of reality that both includes and overcomes the notion of species. Negotiating the politics of humanity is the first and crucial step to reclaim the upper scales of ecological coexistence, not to let Monsanto and cryogenically suspended billionaires to define them and own them.
In the Shadow of Dred Scott: St. Louis Freedom Suits and the Legal Culture of Slavery in Antebellum America
Call Number: KF482 .K46 2017
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude.
Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law―and placing these suits into conversation with similar encounters that arose in appellate cases nationwide―Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Increasing Legal Rights for Zoo Animals: Justice on the Ark
Call Number: K3620 .I53 2017
We are on the precipice of momentous legal changes for animals that may soon give some of them rights of personhood and citizenship. Companion animals in particular are gaining rights to public representation in government, access to housing, inheritance, and increased protection through the criminal justice system. Nonhuman primates used as research subjects are also gaining limited rights of personhood in some countries. This book examines how zoo animals could benefit from that revolution as well. Reviewing zoo law and politics in the United States, New Zealand, and Southeast Asia, scholars and zoo directors grapple with how the current law in those regions of the world impacts zoo animals and how it could be changed to serve them better. They discuss the ways in which zoo animals could benefit from some re-worked companion animal law in the United States; the challenges of reintroductions and their legal barriers; how we can extend ideas of human research subject rights to zoo animal research; the stark problems of too few animal welfare laws in South East Asia; the need for a central governing body focused solely on exotic captive animals in New Zealand; and the need for stricter laws preventing the exotic pet problem that is increasingly affecting both zoos and sanctuaries. The book starts a dialogue that moves the scholarship about zoos beyond a general discussion of ethics to a concrete dialogue and set of suggestions about how to extend legal rights to this group of animals.
The International Tax Handbook, 6th ed.
Call Number: K4460 .I5725 2017 - Advocacy
This truly indispensable book from Nexia International condenses the KEY rates, reliefs, and tax facts from 80 regimes into one essential guide. It's an accessible and user-friendly first point of reference for accountants, tax advisers, policy-makers, investors looking at opportunities overseas, and anyone considering living or working abroad. Each chapter covers a single jurisdiction and includes information on: Legal Forms; Corporate Tax; Personal Tax; Withholding Taxes; and Indirect Taxes. Each country-specific chapter is organized and presented in the same format and style. The chapters are organized alphabetically by country to ensure readers can quickly find the information they need on a specific country. Written by Nexia members based in the relevant tax regime, The International Tax Handbook provides a concise overview of taxation in over 100 regimes, including: Argentina, Australia, Brazil, British Virgin Islands, Bulgaria, China, Egypt, France, Germany, Hong Kong SAR, India, Mexico, Russia, Saudi Arabia, Singapore, Turkey, Ukraine, United Kingdom, United States, and more
Iras, 401(k)S & Other Retirement Plans: Strategies for Taking Your Money Out, 13th ed.
Call Number: KF3510 .S54 2017 - Access to Justice
Whether you have an IRA, Roth IRA, 401(k), Keogh or other retirement plan, this book will help you make sense of the rules for taking your money out. Even more important, it will show you how to avoid the stiff taxes and penalties that lurk in the fine print.
It covers: tax strategies before and after retirement, required distributions and how much you need to take, penalties for taking money out early and how to avoid them,
how to divide a plan at divorce, what happens to your retirement plan after your death, and different rules for taking money out of an inherited plan.
The 13th edition is completely updated with the latest tables and methods for calculating required minimum distributions. It also covers the special tax benefits for conversions to Roth IRAs and explains how to recharacterize converted funds if you change your mind.
Judgment: What Law Judges Can Learn from Sports Officiating and Art Criticism
Call Number: KF8775 .P668 2017
In Federalist No. 78, Alexander Hamilton tells us that judges have ''merely'' judgment but does not explain what judgment means. This book provides that explanation. It compares judgment across a range of activities consumer choices, religion, sports officiating, art and food criticism, and law with the goal of better understanding legal judgment. After exploring these various modes of comparison, the book concludes that law judging is fundamentally discretionary and uncertain. It then falls to the legal profession to explain to the public, without undermining respect for law, why this is so. In this way, not unlike our perception of the uncertainties that confront sports officials or that pervade scientific research, the public will come to appreciate the struggles that law judges encounter when making judgment.
The Knowledge Illusion: Why We Never Think Alone
Call Number: B105.T54 S56 2017
Humans have built hugely complex societies and technologies, but most of us don’t even know how a pen or a toilet works. How have we achieved so much despite understanding so little? Cognitive scientists Steven Sloman and Philip Fernbach argue that we survive and thrive despite our mental shortcomings because we live in a rich community of knowledge. The key to our intelligence lies in the people and things around us. We’re constantly drawing on information and expertise stored outside our heads: in our bodies, our environment, our possessions, and the community with which we interact—and usually we don’t even realize we’re doing it.
The human mind is both brilliant and pathetic. We have mastered fire, created democratic institutions, stood on the moon, and sequenced our genome. And yet each of us is error prone, sometimes irrational, and often ignorant. The fundamentally communal nature of intelligence and knowledge explains why we often assume we know more than we really do, why political opinions and false beliefs are so hard to change, and why individual-oriented approaches to education and management frequently fail. But our collaborative minds also enable us to do amazing things. This book contends that true genius can be found in the ways we create intelligence using the community around us.
Law and Morality at War
Call Number: KZ6385 .H378 2017
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate.
Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
The Lawyers Who Made America: From Jamestown to the White House
Call Number: KF353 .A75 2017
No other nation's creation, both politically and socially, owes such a debt to lawyers as the United States of America. This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama. Even Richard Nixon features, if only as a reminder that even the President is subject to the law. Anthony Arlidge combines his wide legal experience and engaging writing style to produce a book that will enthrall lawyers and laymen alike, giving a timely reminder of the importance of the rule of law to American democracy.
Legal Personhood - Animals, Artificial Intelligence and the Unborn
Call Number: K625 .L44 2017
This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years.
As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages?
This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.
Locking up Our Own
Call Number: HV9950 .F655 2017
In recent years, America’s criminal justice system has become the subject of an increasingly urgent debate. Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why.
Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness―and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods.
A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas―from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.
Litigation in Practice
Call Number: KF277.P7 K37 2017
Author of Rutter's Civil Procedure Before Trial (West/Thomson Reuters), Superior Court Judge Curtis E. A. Karnow's Litigation in Practice provides invaluable tips, courtroom strategies and helpful insights of the trial process, with a no-nonsense writing style, offering courtroom do's and don'ts that every new trial lawyer and student needs in understanding that law is what happens in the courtroom. Other sections provide advanced practical guidance for settlement, case management, using case precedent,and expert testimony.
Life 3.0: Being Human in the Age of Artificial Intelligence
Call Number: Q334.7 .T44 2017
How will Artificial Intelligence affect crime, war, justice, jobs, society and our very sense of being human? The rise of AI has the potential to transform our future more than any other technology—and there’s nobody better qualified or situated to explore that future than Max Tegmark, an MIT professor who’s helped mainstream research on how to keep AI beneficial.
How can we grow our prosperity through automation without leaving people lacking income or purpose? What career advice should we give today’s kids? How can we make future AI systems more robust, so that they do what we want without crashing, malfunctioning or getting hacked? Should we fear an arms race in lethal autonomous weapons? Will machines eventually outsmart us at all tasks, replacing humans on the job market and perhaps altogether? Will AI help life flourish like never before or give us more power than we can handle?
What sort of future do you want? This book empowers you to join what may be the most important conversation of our time. It doesn’t shy away from the full range of viewpoints or from the most controversial issues—from superintelligence to meaning, consciousness and the ultimate physical limits on life in the cosmos.
The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy
Call Number: K487.L36 N38 2017
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential?
To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
Nolo's IEP Guide: Learning Disabilities, 7th ed.
Call Number: KF4209.3 .S573 2017 - Access to Justice
Many children have learning disabilities―and it’s up to parents and schools to work together to ensure that each child’s unique educational needs are met. But what if the school disagrees with your goals for your child? You are at a disadvantage if you don’t know the law.
Written by an expert who’s fought for kids for many years, the 7th edition covers two key Supreme Court decisions and new developments in special ed vouchers, and provides the forms, sample letters, resources, and encouragement you need.
The Northwest Ordinance: Constitutional Politics and the Theft of Native Land
Call Number: E309 .A44 2017
Passed by Congress in July 1787, the Northwest Ordinance laid out the basic form of government for all U.S. territory north of the Ohio River. That summer, the Constitutional Convention drafted the defining document of the American Republic as a whole. A bargain struck between Congress and the Convention outlawed slavery north of the Ohio, but gave Southern states a Congressional and Electoral College representation based on population figures that included slaves--each valued at three-fifths of a free white citizen.
Because of this agreement, the western lands acquired from Great Britain after the Revolutionary War were divided into slave and free states--a compromise which, when it failed, precipitated the Civil War 74 years later. For years most historians denied that this political deal took place. Drawing on contemporary letters and documents, this detailed analysis re-examines the Ordinance and how Congress silently permitted the South's "peculiar institution" to move westward.
The Oxford Handbook of U.S. Healthcare Law
Call Number: KF3821 .O98 2017 - Greenan
The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Permanent State of Emergency: Unchecked Executive Power and the Demise of the Rule of Law
Call Number: KF5060 .A44 2017
In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.
Philosophy, Law and the Family: A New Introduction to the Philosophy of Law
Call Number: KF505 .H682 2017
This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.
A Practical Guide to Software Licensing for Licensees and Licensors, 6th ed.
Call Number: KF3024.C6 C56 2016 - Advocacy
With intellectual property rights assuming greater importance in today's world and licensing issues and developments constantly evolving, this book is an essential resource for lawyers who need to understand software licensing. The sixth edition examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. It primarily focuses on non-mass market agreements, since most “retail” or mass market “off-the-shelf” software is governed by non-negotiable “shrink-wrap,” “browse-wrap,” and “click-wrap” licenses. Nonetheless, the principles of software licensing are the same for shrink-wrap, browse-wrap, click-wrap, and custom-developed software.
Written in practical, easy-to-understand language, this book is cross-referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. New to this edition, an online website will accompany the book that includes customizable and easy-to-use forms and agreements.
Social Cognition: From Brains to Culture 3d ed.
Call Number: BF323.S63 F55 2017
Social cognition attempts to explain the most fundamental of questions. It looks at why other people are not simply ‘objects’ to be perceived and how the social world provides dramatic and complex perspectives on the Self and Others.
The subtitle of this book ‘From Brains to Culture’ reflects the journey that Social Cognition has been on since it first emerged as a dynamic and forward-looking field of research within social psychology. Structured in four clear parts, Social Cognition: From Brains to Culture begins with a clear outline of the basic concepts before moving into more topical sections: understanding individual selves and others, followed by making sense of society. The authors finish by looking beyond cognition to affect and behaviour.
Challenging and rigorous, yet strikingly accessible, this book is essential reading for all students of social psychology from undergraduate to post-graduate and beyond.
Muhammad Ali vs. the United States of America, 1966-1971
Call Number: GV1132.A44 M66 2017
With the death of Muhammad Ali in June, 2016, the media and America in general have remembered a hero, a heavyweight champion, an Olympic gold medalist, an icon, and a man who represents the sheer greatness of America. New York Times bestselling author Leigh Montville goes deeper, with a fascinating chronicle of a story that has been largely untold. Muhammad Ali, in the late 1960s, was young, successful, brash, and hugely admired—but with some reservations. He was bombastic and cocky in a way that captured the imagination of America, but also drew its detractors. He was a bold young African American in an era when few people were as outspoken. He renounced his name—Cassius Clay—as being his 'slave name,' and joined the Nation of Islam, renaming himself Muhammad Ali. And finally in 1966, after being drafted, he refused to join the military for religious and conscientious reasons, triggering a fight that was larger than any of his bouts in the ring. What followed was a period of legal battles, of cultural obsession, and in some ways of being the very embodiment of the civil rights movement located in the heart of one man. Muhammad Ali was the tip of the arrow, and Leigh Montville brilliantly assembles all the boxing, the charisma, the cultural and political shifting tides, and ultimately the enormous waft of entertainment that always surrounded Ali. Muhammed Ali vs. the United States of America is an important and incredibly engaging book.
Special Needs Trusts: Protect Your Child's Financial Future, 7th ed.
Call Number: KF736.S87 U73 2017 - Access to Justice
Use a special needs trust to provide financial security for your child (or anyone) with a disability, without jeopardizing important government benefits. Funds in a special needs trust do not count against eligibility for benefits and can be used to improve the quality of your child’s life.
Therapeutic Jurisprudence and Overcoming Violence Against Women
Call Number: K346 .T44 2017
Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women's rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.
Ten Great American Trials: Lessons in Advocacy
Call Number: KF220 .A43 2016
Ten Great American Trials provides chapter-length accounts of some of the most highly publicized―and fascinating―court cases of the twentieth century. Embedded in each of our narratives is an analysis of the use by prosecutors and defense attorneys of trial advocacy techniques (involving discovery, pre-trial motions, jury selection, direct testimony, cross-examination, the introduction of forensic exhibits, and summations) to craft compelling stories about what happened. We also assess the impact of cultural, social, and political values on the proceedings and the outcomes. We selected the cases, several of which have been dubbed "the crime of the century," because they are dramatic, suspenseful, emotional, intellectually powerful, and have become part of American culture.
A Transactional Matter: A Guide to Business Lawyering
Call Number: KF1380 .K78 2017
A Transactional Matter gives users a summary of a basic transaction from initial choice of entity for a new venture through the harvest of that venture through a sale of substantially all its assets to an acquirer. This book allows students to get a feel for how transactional lawyering actually works―examining client objectives, legal options, client counseling, due diligence, documentation and implementation.
This book is available in both a print version and electronic version. The e-version has live hyperlinks to the underlying transactional documents and statutes, regs, and cases. The print version is supported by a website giving access to the same materials. Both the e-book and website of print version feature extensive hyperlinks to source documents and legal authorities.
The Trustee's Legal Companion: A Step-by-Step Guide to Administering a Living Trust 4th ed.
Call Number: KF734 .H36 2017
Living trusts are popular estate planning tools, but if you’ve been chosen to serve as a trustee, you’re probably wondering where to begin. The Trustee’s Legal Companion has everything you need to get organized, get started, and get the job done.
The authors―attorneys who have helped many a bewildered trustee―show you, step by step, how to administer a living trust with confidence.
U. S. Legal Writing for International Lawyers and Law Students
Call Number: KF250 .P53 2017
Faculty who adopt this book will not need to create hypothetical assignments. Students read real cases and the real court documents filed in those cases. Students thus learn how lawyers and judges actually write and think, adding a dimension to their education that other books simply do not offer. This book makes it easier for students to learn and for their teachers to teach. It can be adapted for one- or two-semester courses, as it covers every aspect of legal writing that is usually taught in the first year of law school.
Wage and Hour Laws: A State-by-State Survey, 3d ed.
Call Number: KF3489 .W34 2016 - Greenan
Wage and Hour Laws: A State-by-State Survey, Third Edition is the complete guide to each state's wage and hour laws. It covers state laws, regulations, wage orders, and court decisions, and provides analysis to help practitioners interpret and apply each state's requirements. Its state-by-state analysis includes: minimum wage and overtime; timing, place, and manner of payment to employees; mandatory payments in addition to overtime; prohibitions on hours worked and mandatory leave; enforcement and remedies; defenses; damages; attorneys' fees litigation; liens specific to unpaid wages; forum; availability of class actions; exemptions; the procedural mechanisms for enforcing violations on a class-wide basis; and more. The Third Edition updates the two-volume set with the timely addition of new sections on fluctuating workweeks, gap time pay, the treatment of mandatory service charges in the payment of tipped employees, Portal to Portal acts, mandatory paid sick leave laws, and the varying state laws defining joint employment and independent contractors.
The War Power in an Age of Terrorism: Debating Presidential Power
Call Number: KF5060 .G46 2017
This book features a lively debate between two prominent scholars―Michael A. Genovese and David Gray Adler―on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority―if any―to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?
What Is Physician Contracting in Healthcare Organizations?
Call Number: KF2905 .D45 2015 - Advocacy
Healthcare providers and healthcare facilities operate in a complex and evolving legal and regulatory environment. When the parties to an agreement include one or more physicians and healthcare organizations, contractural agreements that in other environments involve little or not regulation are often subject to a variety of federal and state laws, rules and regulations. This book provides an overview of common legal and regulatory issues involved in employment contracts and service agreements between physicians and healthcare organizations for clinical and administrative services.
What Is ... the Anti-Kickback Statute?
Call Number: KF3825.5 .C73 2015 - Advocacy
The federal Anti-Kickback Statute (AKS) is one of the best-known federal fraud and abuse statutes, due largely to its wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors. This primer explains how AKS is a criminal statute that prohibits transactions intended to induce or reward referrals for items or services reimbursed by the federal health care programs. It further details the anti-corruption statute and how it is designed to protect federal health care program beneficiaries from the influence of money on referral decisions and thus is intended to guard against overutilization, increased costs, and poor quality services.
When Bad Policy Makes Good Politics: Running the Numbers on Health Reform
Call Number: HG9396 .S254 2017
Since the 1960s, America's policymaking system has transitioned from one in which leaders like Lyndon Johnson could simply disparage the concept of budget projections to one in which policymakers consciously manipulate cost estimates. Paradoxically, the very safeguards put in place to thwart economically unsound legislation now cause chaos by incentivizing the development of flawed, even blatantly unworkable, policies. As Robert Saldin shows in When Bad Policy Makes Good Politics, the pathologies of the new system are illustrated by the Community Living Assistance Services and Supports Act and its role in aiding passage of President Obama's landmark health reform law. CLASS was supposed to bring much needed relief of America's dysfunctional long-term care system, but critics argued that its flawed design rendered the program unviable. However, what appeared to be a naïve proposal was actually a carefully framed policy designed to fit the rules of the game, particularly the Congressional Budget Office's cost-projection process. Although CLASS was destined for a "death spiral" requiring massive government bailouts, the CBO estimated it would save tens of billions of dollars. These official "savings" made CLASS an appealing add-on to the Affordable Care Act. But when the Obama administration later announced that CLASS was impossible to implement, America's long-term care system was left in crisis. This skillful examination of CLASS and the machinations of Congress provides insight into how the contemporary policymaking process really functions.
White Working Class
Call Number: HD4901 .W517 2017
Around the world, populist movements are gaining traction among the white working class. Meanwhile, members of the professional elite--journalists, managers, and establishment politicians--are on the outside looking in, left to argue over the reasons. In White Working Class, Joan C. Williams, described as having "something approaching rock star status" by the New York Times, explains why so much of the elite's analysis of the white working class is misguided, rooted in class cluelessness.
Williams explains that many people have conflated "working class" with "poor"--but the working class is, in fact, the elusive, purportedly disappearing middle class. They often resent the poor and the professionals alike. But they don't resent the truly rich, nor are they particularly bothered by income inequality. Their dream is not to join the upper middle class, with its different culture, but to stay true to their own values in their own communities--just with more money. While white working-class motivations are often dismissed as racist or xenophobic, Williams shows that they have their own class consciousness.
White Working Class is a blunt, bracing narrative that sketches a nuanced portrait of millions of people who have proven to be a potent political force. For anyone stunned by the rise of populist, nationalist movements, wondering why so many would seemingly vote against their own economic interests, or simply feeling like a stranger in their own country, White Working Class will be a convincing primer on how to connect with a crucial set of workers--and voters.
Death Penalty in a Nutshell, 5th ed.
Call Number: KF9227.C2 S772 2017 - Reserve
This death penalty Nutshell covers both the substantive and procedural law of capital cases, along with relevant history, jurisprudence and constitutional law. It addresses international issues, the complex role of defense counsel, systemic bias, and execution of the innocent. Statutory and case law, as well as all relevant data, are current as of mid-2016 providing a basis for broad exploration of academic and pragmatic issues for lawyers, law students and others interested in the law’s most serious punishment.
Employment Law in a Nutshell
Call Number: KF3455 .C68 2017 - Reserve
This Nutshell provides an overview of individual employee rights and responsibilities. It addresses a number of areas, including establishing and ending the employment relationship, protection of employee privacy and reputation, discrimination, regulation of wages and hours, employee physical safety, fringe benefits, and employee duties of loyalty. This edition includes a substantially revised treatment of discrimination law, expanded discussion of employment-based health care, and takes into account a number of recent Supreme Court decisions and the use of executive orders. It further addresses how employment law directly impacts the modern economy, discussing how this area of the law effects on-demand workers in the technology sector.
Family Law in a Nutshell, 6th ed.
Call Number: KF505.Z9 K7 2017 - Reserve
Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent’s right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.
Immigration Law and Procedure in a Nutshell, 7th ed.
Call Number: KF4819.85 .W45 2017 - Reserve
This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.
International Legal Research in a Nutshell, 2d ed.
Call Number: KZ1234 .H64 2017 - Reserve
This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal legal materials and demystifies the world of treaties and international case law. Since it’s aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. Finally, it sets out a road map for approaching a research problem involving international, foreign and comparative law.
The Law and Policy of Sentencing and Corrections in a Nutshell, 10th ed.
Call Number: KF9728 .B733 2017 - Reserve
An excellent reference tool, this book explores a range of sentencing-related topics, including the principal purposes of criminal sentences, restorative justice, guilty pleas and plea bargaining, rights during sentencing proceedings, sentencing factors, different ways to structure sentencing systems, community-based sentencing options, the death penalty, Eighth Amendment constraints on sentences in noncapital cases, parole release, probation and parole revocation, and enmeshed penalties (often called the “collateral consequences” of a conviction). The latter half of the book contains a helpful and illuminating overview of the constitutional rights of prisoners, the mechanics of litigating incarcerated persons’ § 1983 suits, and the remedies available to them.
The Law of Modern Payment Systems, Hornbook, 2d ed.
Call Number: KF957 .M55 2017 - Reserve
This book discusses the Uniform Commercial Code (U.C.C.) Articles 3, 4, and 4A in detail. It also explains to what extent provisions and interpretive cases decided prior to the promulgation of Article 4A and prior to the 1990 revision of Articles 3 and 4 are still useful, and why changes made were needed. It discusses issues not generally recognized and treated elsewhere, including the meaning of the new standard of good faith, the relation between "accountability" and "final payment," and consequences of radical truncation. In addition to the discussion of payment Articles in the Uniform Commercial Code, the book contains up to date discussion of other payment systems like credit and debit card systems, and other payment methods including prepaid cards, PayPal, mobile payments, and virtual currency transfers.
Sports Law in a Nutshell, 5th ed.
Call Number: KF3989 .C48 2017 - Reserve
This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Fifth edition continues to update the material with a focus on important recent legal developments, such as O’Bannon v. NCAA, the Northwestern University Football union petition, Jenkins v. NCAA, NFL concussion litigation, and the FIFA corruption case.
Wills and Trusts in a Nutshell, 5th ed.
Call Number: KF755 .M46 2017 - Reserve
The fifth edition of this book updates laws affecting intestate succession, wills, guardianships and trusts. It introduces wills terminology to the lay audience and summarizes the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. It uses problems arising from celebrity peccadilloes and deaths, such as those of Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher to illustrate legal issues. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar.
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