Skip to main content
August 2017 - New Titles
The Administrative Threat
Call Number: KF5423 .H36 2017
Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional?
A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Adcreep: The Case Against Modern Marketing
Call Number: KF1614 .B37 2017
Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private.
Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience.
In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.
Arguments about Abortion: Personhood, Morality, and Law
Call Number: K5181 .G74 2017
Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address.
With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate.
Structured in three parts, the book will (I) consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; (II) trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and (III) examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision.
Bankruptcy and the U. S. Supreme Court
Call Number: KF1524 .M269 2017
In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.
Beyond Bedlam's Door: True Tales from the Couch and Courtroom
Call Number: RA1151 .R75 2017
What drove a psychiatrist to enlist a patient in a plot to murder six people?
What was the secret bargain struck that allowed a 104-year-old woman to live such a long and productive life?
Why would a woman refuse to emerge from the confines of her bedroom? And after treatment liberated her, why did she suddenly take a turn for the worse?
In Beyond Bedlam's Door, former practicing psychiatrist Mark Rubinstein takes you outside the hospital and into his world of private patients, nursing home residents, and the challenging legal system in which he worked as a forensic expert. As in Bedlam's Door, great lengths were taken to preserve people's anonymity, but the raw truth of each story remains intact. The resiliency of some individuals and the venality of others are laid bare in these pages.
Beyond Bedlam's Door invites you to meet twenty-one unforgettable people. Some stories will disturb you, others will make you smile, but all will give you a deeper appreciation of what it means to be human
Beyond Trans: Does Gender Matter?
Call Number: HQ77.95.U6 D39 2017
Beyond Trans pushes the conversation on gender identity to its limits: questioning the need for gender categories in the first place. Whether on birth certificates or college admissions applications or on bathroom doors, why do we need to mark people and places with sex categories? Do they serve a real purpose or are these places and forms just mechanisms of exclusion? Heath Fogg Davis offers an impassioned call to rethink the usefulness of dividing the world into not just Male and Female categories but even additional categories of Transgender and gender fluid. Davis, himself a transgender man, explores the underlying gender-enforcing policies and customs in American life that have led to transgender bathroom bills, college admissions controversies, and more, arguing that it is necessary for our society to take real steps to challenge the assumption that gender matters.
He examines four areas where we need to re-think our sex-classification systems: sex-marked identity documents such as birth certificates, driver s licenses and passports; sex-segregated public restrooms; single-sex colleges; and sex-segregated sports. Speaking from his own experience and drawing upon major cases of sex discrimination in the news and in the courts, Davis presents a persuasive case for challenging how individuals are classified according to sex and offers concrete recommendations for alleviating sex identity discrimination and sex-based disadvantage.
For anyone in search of pragmatic ways to make our world more inclusive, Davis recommendations provide much-needed practical guidance about how to work through this complex issue. A provocative call to action, Beyond Trans pushes us to think how we can work to make America truly inclusive of all people.
The Brain Defense: Murder in Manhattan and the Dawn of Neuroscience in America's Courtrooms
Call Number: KF224.W395 D38 2017
In 1991, the police were called to East 72nd St. in Manhattan, where a woman's body had fallen from a twelfth-story window. The woman’s husband, Herbert Weinstein, soon confessed to having hit and strangled his wife after an argument, then dropping her body out of their apartment window to make it look like a suicide. The 65-year-old Weinstein, a quiet, unassuming retired advertising executive, had no criminal record, no history of violent behavior—not even a short temper. How, then, to explain this horrific act?
Journalist Kevin Davis uses the perplexing story of the Weinstein murder to present a riveting, deeply researched exploration of the intersection of neuroscience and criminal justice. Shortly after Weinstein was arrested, an MRI revealed a cyst the size of an orange on his brain’s frontal lobe, the part of the brain that governs judgment and impulse control. Weinstein’s lawyer seized on that discovery, arguing that the cyst had impaired Weinstein’s judgment and that he should not be held criminally responsible for the murder. It was the first case in the United States in which a judge allowed a scan showing a defendant’s brain activity to be admitted as evidence to support a claim of innocence.
The Weinstein case marked the dawn of a new era in America's courtrooms, raising complex and often troubling questions about how we define responsibility and free will, how we view the purpose of punishment, and how strongly we are willing to bring scientific evidence to bear on moral questions. Davis brings to light not only the intricacies of the Weinstein case but also the broader history linking brain injuries and aberrant behavior, from the bizarre stories of Phineas Gage and Charles Whitman, perpetrator of the 1966 Texas Tower massacre, to the role that brain damage may play in violence carried out by football players and troubled veterans of America’s twenty-first century wars. The Weinstein case opened the door for a novel defense that continues to transform the legal system: Criminal lawyers are increasingly turning to neuroscience and introducing the effects of brain injuries—whether caused by trauma or by tumors, cancer, or drug or alcohol abuse—and arguing that such damage should be considered in determining guilt or innocence, the death penalty or years behind bars. As he takes stock of the past, present and future of neuroscience in the courts, Davis offers a powerful account of its potential and its hazards.
Thought-provoking and brilliantly crafted, The Brain Defense marries a murder mystery complete with colorful characters and courtroom drama with a sophisticated discussion of how our legal system has changed—and must continue to change—as we broaden our understanding of the human mind.
The Card Catalog
Call Number: Z733.U6 C36 2017 - Greenan
The Library of Congress brings booklovers an enriching tribute to the power of the written word and to the history of our most beloved books. Featuring more than 200 full-color images of original catalog cards, first edition book covers, and photographs from the library's magnificent archives, this collection is a visual celebration of the rarely seen treasures in one of the world's most famous libraries and the brilliant catalog system that has kept it organized for hundreds of years. Packed with engaging facts on literary classics—from Ulysses to The Cat in the Hat to Shakespeare's First Folio to The Catcher in the Rye—this package is an ode to the enduring magic and importance of books.
The Case Against Sugar
Call Number: RM237.85 .T38 2017
Among Americans, diabetes is more prevalent today than ever; obesity is at epidemic proportions; nearly 10% of children are thought to have nonalcoholic fatty liver disease. And sugar is at the root of these, and other, critical society-wide, health-related problems. With his signature command of both science and straight talk, Gary Taubes delves into Americans' history with sugar: its uses as a preservative, as an additive in cigarettes, the contemporary overuse of high-fructose corn syrup. He explains what research has shown about our addiction to sweets. He clarifies the arguments against sugar, corrects misconceptions about the relationship between sugar and weight loss; and provides the perspective necessary to make informed decisions about sugar as individuals and as a society.
The CEO Pay Machine: How It Trashes America and How to Stop It
Call Number: HD4965.5.U6 C55 2017
Today, the pay gap between chief executive officers of major U.S. firms and their workers is higher than ever before—depending on the method of calculation, CEOs get paid between 300 and 700 times more than the average worker. Such outsized pay is a relatively recent phenomenon, but despite all the outrage, few detractors truly understand the numerous factors that have contributed to the dizzying upward spiral in CEO compensation.
Steven Clifford, a former CEO who has also served on many corporate boards, has a name for these procedures and practices— "The CEO Pay Machine." The CEO Pay Machine is Clifford's thorough and shocking explanation of the 'machine'--how it works, how its parts interact, and how every step pushes CEO pay to higher levels. As Clifford sees it, the payment structure for CEOs begins with shared delusions that reinforce one other: Once this groupthink is accepted as corporate dogma, it becomes infinitely harder to see any decision as potentially irrational or dysfunctional. Yet, as Clifford notes, the Pay Machine has caused immeasurable harm to companies, shareholders, economic growth, and democracy itself. He uses real-life examples of the top four CEOs named the highest paid in 2011 through 2014. Clifford examines how board directors and compensation committees have directly contributed to the rising salaries and bonuses of the country's richest executives; what's more, Clifford argues, each of those companies could have paid their CEOs 90 percent less and performed just as well.
Witty and infuriating, The CEO Pay Machine is a thorough and incisive critique of an economic issue that affects all American workers.
The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives
Call Number: KF9351 .E37 2017
From Pulitzer Prize–winning journalist Jesse Eisinger, a blistering account of corporate greed and impunity, and the reckless, often anemic response from the Department of Justice.
Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond.
The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why. A character-driven narrative, the book tells the story from inside the Department of Justice. The complex and richly reported story spans the last decade and a half of prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.
The book begins in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. The book travels to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and F.B.I agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early aughts and into the Justice Department of today.
Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice.
The Choice Theory of Contracts
Call Number: K840 .D325 2017
This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.
Deserved Criminal Sentences: An Overview
Call Number: K5103 .V66 2017
This book provides an accessible and systematic restatement by one of the leading academic exponents of the desert model for criminal sentencing. The desert model emphasizes the degree of seriousness of the offender's crime in deciding the severity of his punishment. It has become increasingly influential in recent penal practice and scholarly debate. This book explains why sentences should be based principally on crime-seriousness. It addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. It will be of interest to all those working in penal theory, and criminal law more generally.
Dismembered: Native Disenrollment and the Battle for Human Rights
Call Number: KIE2140 .W55 2017
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.
The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
Intellectual Property in the New Technological Age 2017
Call Number: KF2979 .M47 2017 - Reserve
Intellectual Property in the New Technological Age provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. Volume II covers copyright law, trademark law, and state intellectual property law protections. The 2017 Edition reflects the following principal developments:
• Trade Secret Law: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade secret protection. The new law opens up the federal courts to trade secret cases, provides for ex parte seizures of misappropriated trade secrets in “extraordinary circumstances,” and establishes immunity for whistleblowers.
• Patent Law: The past several years have witnessed some of the most significant developments in U.S. patent history—from the establishment of the new administrative review proceedings at the Patent Office to important shifts in patent-eligibility, claim indefiniteness, enhanced damages, and equitable remedies at the Supreme Court and means-plus-function claim interpretation and infringement doctrine at the Federal Circuit. We have restructured the patent chapter to illuminate these areas. We have also significantly expanded coverage of design patents in response to the growing importance of this form of protection.
• Copyright Law: The Supreme Court issued important decisions addressing the useful article doctrines, the public performance right, and the first sale doctrine. The past few years also witnessed important developments in the Online Service Provider safe harbor, fair use, and state protection for pre-1972 sound recordings. We have also integrated the digital copyright materials into a unified treatment of copyright law and substantially revamped the fair use section to reflect the broadening landscape of this important doctrine.
• Trademark Law: We have integrated important cases on genericide, federal registrability of disparaging marks, merchandising rights, likelihood of confusion on the Internet, and remedies.
• Other State IP Protections: We have updated material on the right of publicity, an active and growing area. We have also reorganized the chapter and focused it on IP regimes.
Litigating Religious Land Use Cases 2d edition
Call Number: KF5698 .D35 2016 - 2d Floor
Litigating Religious Land Use Cases, Second Edition is a thorough, detailed treatise that explains how to manage complex religious land use cases book in a manner that is easily understood. Although the subject-matter is complex, the author, Daniel P. Dalton, the authority on land use issues, took great care to include practical case studies in the book that will assist anyone dealing with religious land use issues or practicing in this area of the law.
Meltdown: The Financial Crisis, Consumer Protection, and the Road Forward
Call Number: HG181 .K57 2017
Meltdown reveals how the Consumer Financial Protection Bureau was able to curb important unsafe and unfair practices that led to the recent financial crisis. In interviews with key government, industry, and advocacy groups along with deep archival research, Kirsch and Squires show where the CFPB was able to overcome many abusive practices, where it was less able to do so, and why.
New Tax Guide for Writers, Artists, Performers, and Other Creative People 5th edition
Call Number: KF6369.85 .R55 2016 - Access to Justice Collection
New Tax Guide provides an in-depth look at income and taxes for various types of artists, writers, performers, and other creative people. A general guide to smart record keeping, business and tax forms, best practices, and common mistakes to avoid, the fifth edition offers creatively employed individuals the most current and clear advice on topics such as crowdfunding, deductible expenses, and what to do if you get audited.
Legal Scholarship in Jewish Law: An Annotated Bibliography of Journal Articles
Call Number: KBM523.8 .H65 2017 - Greenan
Jewish law courses, scholarship, and collections have been increasing in frequency and size in American law schools for several decades. Today several law schools house institutes and centers for the study of Jewish law. This bibliography documents the history and content of the Jewish law scholarship that is at the foundation of these institutes and collections. Entries come mostly from American law reviews, but some articles published in other countries, mainly Britain, Canada, and Israel, are also included. The literature featured in this bibliography demonstrates that Jewish law scholarship in the legal academy is rich, varied and complex, made up of multiple strands and streams, some connecting to each other, some independent, and some related to areas of treatment beyond Jewish law.
Living Trusts for Everyone: Why a Will Is Not the Way to Avoid Probate, Protect Heirs, and Settle Estates, 2d edition
Call Number: KF734 .S53 2017 - Access to Justice Collection
Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one’s trust with no lawyers and no expense.
Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients’ heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death.
With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.
Principals Avoiding Lawsuits: How Teachers Can Be Partners in Practicing Preventive Law
Call Number: KF4133 .S349 2017
This book gives principals the tools they need to avoid lawsuits by teaching their staff the information they need to practice preventive law.
Lawsuits often begin when teachers unintentionally violate students’ rights such as searching a student’s cell phone without reasonable suspicion or failing to follow a student’s Individualized Education Program. These violations do not occur because teachers intend to break the law. They occurred because the vast majority of teachers are not required to learn about the rights and responsibilities of students and teachers in their teacher preparation programs. As a result, most teachers get their legal information from the “law school” of the teachers’ lounge—that is, from colleagues who are similarly uninformed and misinformed. Instead, what teachers want and need is an in-service program that will provide them with a basic understanding of school law. But most busy principals don’t have the time, knowledge and resources to provide such a program for their staff.
This book will meet this critical, unmet need. It provides principals with the resources and lesson plans they need to incorporate school law into their professional development program. As a result, their teachers will get their information about school law from a reliable source – not from the rumors, fears and myths of the teachers’ lounge. By empowering their teachers with legal knowledge, principals and teachers will avoid lawsuits by becoming partners in the practice of preventive law.
Profile of Legal Malpractice Claims: 2012-2015
Call Number: KF313 .P76 2016 - Clarke Collection
The Profile of Legal Malpractice Claims 2012-2015 is a unique statistical synthesis of legal malpractice claims data from insurance carriers across the United States and Canada. The Profile provides a panoramic view of malpractice claims trends over the 30+ year history of the study, across the U.S. and Canada, and across telling claims categories, such as area of law, size of firm, type of alleged error, and size of claim payments. Not merely the best source, it is the only source of national malpractice data trends for law firm risk managers, insurers, lawyers and others lawyers who need to know emerging areas of greatest and least risk in the legal malpractice claims arena.
Reproductive JusticeAn Introduction (Reproductive Justice: A New Vision for the 21st Century)
Call Number: KF3760 .R67 2017
Reproductive Justice is a first-of-its-kind primer that provides a comprehensive yet succinct description of the field. Written by two legendary scholar-activists, Reproductive Justice introduces students to an intersectional analysis of race, class, and gender politics. Loretta J. Ross and Rickie Solinger put the lives and lived experience of women of color at the center of the book and use a human rights analysis to show how the discussion around reproductive justice differs significantly from the pro-choice/anti-abortion debates that have long dominated the headlines and mainstream political conflict. Arguing that reproductive justice is a political movement of reproductive rights and social justice, the authors illuminate, for example, the complex web of structural obstacles a low-income, physically disabled woman living in West Texas faces as she contemplates her sexual and reproductive intentions. In a period in which women’s reproductive lives are imperiled, Reproductive Justice provides an essential guide to understanding and mobilizing around women’s human rights in the twenty-first century.
Reproductive Justice: A New Vision for the Twenty-First Century publishes works that explore the contours and content of reproductive justice. The series will include primers intended for students and those new to reproductive justice as well as books of original research that will further knowledge and impact society.
The Psychology of Juries
Call Number: KF8972 .P79 2017
Juries have a tremendous amount of power and responsibility. They determine the outcomes of trials, including whether a defendant is found guilty or not guilty and, in many cases, what the penalty will be. With the authority to deprive citizens of their freedom and potentially their lives, a fair trial requires that juries function as they should--without bias. But do they function this way? Are juries capable of disregarding inadmissible evidence? Can they understand the instructions that they are given by the judge? And if not, what safeguards or changes would help?
Research on juries once served as a pillar of psychological scholarship, but publication of such research has slowed considerably in recent years. In an attempt to reinvigorate scholarship on this important topic, this volume summarizes what is known about the psychology of juries and makes a strong call to arms for more research. Esteemed jury scholars identify important, yet understudied, topics at the intersection of psychology and law, review what research is currently available on the topics, and then suggest new research questions that would advance the field. Furthermore, the authors evaluate the relative importance of research methods that emphasize generalizability versus tight experimental control. Collectively, the chapters present a comprehensive survey of the literature on jury behavior and decision making and offer a robust agenda to keep researchers busy in years to come.
Restricting the Right of the Faithful to Enter a Church for Divine Worship
Call Number: KBU3238.C58 L64 2016
This study examines the nature and content of the right of the faithful expressed in can. 1214 to enter a church for the purpose of exercising divine worship, and considers how the jurisprudence of the Holy See can be applied to restrictions placed upon the exercise of that same right. Specifically, this work addresses four questions: 1) What is the right of entry into churches for the exercise of divine worship, as expressed in can. 1214? 2) Who may restrict the exercise of this right? 3) For what reason may it be restricted? And 4) How far may it be restricted?
Two important distinctions are present throughout the course of this study. The first is between the actual extinction of the right of entry relative to a given church edifice and the mere restriction of the exercise of that same right, The second distinction is between the objective right of entry, static in nature and defined by law, and the corresponding subjective right, able to be exercised and therefore subject to restrictions.
As this study demonstrates, prior to the 1917 Code, the right of entry developed separately in regard to churches and in regard to oratories. A textual study of both the 1917 and 1983 Codes examines not only the objective right of entry, but also related canons which did or still do affect the exercise of the corresponding subjective right.
This work identifies key elements of the jurisprudence of the Holy See concerning the extinction of the right of entry relative to individual churches, and then explores how that same jurisprudence could be applied to the mere restriction of the right, rather than to its extinction. A practical method is proposed for assessing the lawfulness of such restrictions. The study concludes with a look toward the future.
The Roles of Psychology in International Arbitration
Call Number: K2400 .R65 2017
The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology.
With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics.
This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Unwanted Advances: Sexual Paranoia Comes to Campus
Call Number: LB2345.3.R37 K57 2017
From a highly regarded feminist cultural critic and professor comes a polemic arguing that the stifling sense of sexual danger sweeping American campuses doesn't empower women, it impedes the fight for gender equality.
Feminism is broken, argues Laura Kipnis. Anyone who thinks the sexual hysteria overtaking American campuses is a sign of gender progress is deranged.
A committed feminist, Kipnis was surprised to find herself the object of a protest march by student activists at her university for writing an essay about sexual paranoia on campus. Next she was brought up on Title IX complaints for creating a "hostile environment." Defying confidentiality strictures, she wrote a whistleblowing essay about the ensuing seventy-two-day investigation, which propelled her to the center of national debates over free speech, "safe spaces," and the vast federal overreach of Title IX.
In the process she uncovered an astonishing netherworld of accused professors and students, campus witch hunts, rigged investigations, and Title IX officers run amok. Then a trove of revealing documents fell into her lap, plunging her behind the scenes in an especially controversial case. Drawing on investigative reporting, cultural analysis, and her own experiences, Unwanted Advances demonstrates the chilling effect of this new sexual McCarthyism on higher education. Without minimizing the seriousness of campus assault, Kipnis argues for more honesty about the sexual realities and ambivalences hidden behind the notion of "rape culture." Instead, regulation is replacing education, and women's hard-won right to be treated as consenting adults is being repealed by well-meaning bureaucrats.
Unwanted Advances is a risk-taking, often darkly funny interrogation of feminist paternalism, the covert sexual conservatism of hook-up culture, and the institutionalized backlash of holding men alone responsible for mutually drunken sex. It's not just compulsively readable, it will change the national conversation.
Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation
Call Number: KF9325 .P47 2017
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.
The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.
In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
The Soul of the First Amendment
Call Number: KF4558 1st .A27 2017
The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution—the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Thomas Jefferson, Legal History, and the Art of Recollection
Call Number: KF363.J4 C76 2017
In this innovative book, historian Matthew Crow unpacks the legal and political thought of Thomas Jefferson as a tool for thinking about constitutional transformation, settler colonialism, and race and civic identity in the era of the American Revolution. Thomas Jefferson's practices of reading, writing, and collecting legal history grew out of broader histories of early modern empire and political thought. As a result of the peculiar ways in which he theorized and experienced the imperial crisis and revolutionary constitutionalism, Jefferson came to understand a republican constitution as requiring a textual, material culture of law shared by citizens with the cultivated capacity to participate in such a culture. At the center of the story in Thomas Jefferson, Legal History, and the Art of Recollection, Crow concludes, we find legal history as a mode of organizing and governing collective memory, and as a way of instituting a particular form of legal subjectivity.
When Deadly Force Is Involved: A Look at the Legal Side of Stand Your Ground, Duty to Retreat, and Other Questions of Self-Defense
Call Number: KF9246 .L39 2017
Self-defense, as a legal concept, is easy to describe but difficult to apply. Generally, a person who is without fault may use reasonable force or defensive force for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force, provided there is no reasonable alternative to avoid it. When someone begins to parse the words of this description, however, he or she runs immediately into a maze of self-defense laws that appear to be at odds with each other.
Bruce Lawlor clears up the confusion by identifying the major issues that surface in most self-defense cases and by describing how the law has dealt with them historically. Its purpose is not to provide legal advice, but to illuminate the path that must be taken to decide whether a claim of self-defense is valid. It examines a variety of issues, including the duty to retreat and stand-your ground laws, what is a deadly threat, when is fear of mortal danger reasonable, and even what happens when a person mistakenly shoots some in self-defense.
When Deadly Force Is Involved: A Look at the Legal Side of Stand Your Ground, Duty to Retreat and Other Questions of Self-Defense brings a bit of order to the confusion behind self-defense.
Convention on Contracts for the International Sales of Goods (CISG), 2d edition
Call Number: K1028.3198 .L659 2016 - Greenan
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sale of Goods (CISG) covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.
An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sale of Goods (CISG) will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Discovering Agreement: Contracts That Turn Conflict Into Creativity
Call Number: KF807.2 .A58 2016
Discovering Agreement is an innovative approach to generating legally enforceable documents that embed responsive, resilient operating systems into contractual relationships. This practical, easily implemented process empowers parties to build sustainable business relationships, replacing the old-style foundation of distrust and adversarial posturing with one of alignment and affinity – without sacrificing either party’s power or credibility.
Using the Discovering Agreement model, parties create documents that support and sustain agile, adaptable business relationships aligned with the core vision and values of the parties. This model provides a safer, more stable and trustworthy foundation for framing and conducting business relationships, enabling parties to create stronger, more sustainable and enjoyable ventures that can endure and prosper in the midst of disagreement or crisis.
With engaging prose, personal stories, real-life examples, and practical guides for conducting negotiations and drafting agreements, Discovering Agreement empowers readers to generate immediate, positive change in their legal interactions and in how the legal system impacts their business relationships. When put into practice, Discovering Agreement has the added potential of catalyzing long-term, systemic change in the legal system itself.
Admiralty in a Nutshell, 7th edition
Call Number: KF1105 .M34 2017 - Reserve
Addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. Explores maritime property liens and the seaman’s employment contract, wages, and compromise of claims. Discusses marine insurance, towage and pilotage, salvage, and general average. Also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims.
Entertainment Law in a Nutshell, 4th edition
Call Number: KF4290 .B87 2017 - Reserve
This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of “reality” television. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.
Land Use in a Nutshell, 2d edition
Call Number: KF5698 .N654 2017 - Reserve
This book reviews the common law principles that underpin modern land use regulations, including covenants and restrictions that work with government regulation to limit the use of private property. The Nutshell clearly explains the legal aspects of land planning and regulation, project review processes, and innovative and flexible regulatory devices. Subdivision and site plan regulation, local environment law, discrimination in zoning, regulatory takings, inverse condemnation, and community development practices are all explored. In addition, the book discusses the law of smart growth, and addresses current trends in land use law including the siting of renewable energy facilities. An appendix of internet-based resources is also provided. Law and planning students will find that this Nutshell covers the key cases in all land use law textbooks, and seasoned practitioners and planners will find the organization and approach to dozens of subject areas beneficial to their understanding of land use law.
Medical Liability in a Nutshell, 4th edition
Call Number: KF2905.3 .B68 2017 - Reserve
Reliable source on medical liability law. Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.
Understanding Property Law, 4th edition
Call Number: KF561 .S67 2017 - Reserve
Understanding Property Law is a comprehensive and authoritative treatise from our Understanding series that is suitable for use in conjunction with any Property casebook. Features include: Complete coverage of all standard property topics, including landlord-tenant law, adverse possession, rights in personal property, estates and future interests, marital property, land sale transactions, servitudes, nuisance, zoning, takings, and other land use issues; Analysis of cutting-edge topics, such as property rights in human bodies, current takings issues, the new Restatement (Third) of Property (Servitudes), rights and duties of homeowners associations, and property rights in personal names and likenesses; Discussion of the policy and historical underpinnings of property law doctrines; and Clear writing and detailed organization to facilitate student understanding of both basic concepts and controversial topics.
Preparing for Practice
Call Number: KF250 .V674 2016 - Reserve
Preparing for Practice is a fresh approach to the first semester of the 1L legal writing and research course, designed to guide students through their development of the essential skills needed to pass the bar and practice law. The coursebook combines practice-oriented case files with more theoretical background text, eliminating the need for instructors to create their own case files.
The three cases included in the text teach students new skills and give them the chance to practice ones they've already learned. The case files are meant to represent the type of information students will encounter in practice, and are also similar to the File and Library found on the Multi-State Performance Test (MPT).
This unique text will be published at one-year intervals, each version featuring new case files. This will prevent students from accessing the work product produced by students in previous years. Each version will be on a three-year revision cycle.
Annotations are provided by the publisher, Syndetic Solutions, Amazon, or Google Books.
Chastek Library Collection
The Chastek Library is an academic law library and as an academic law library we operate with a strong sense of academic and intellectual freedom as it relates to the materials we purchase and add to the collection. If you object to the materials that we have added to the library's collection, it is your choice not to read those materials.
Chastek Library, Gonzaga University School of Law | 721 N. Cincinnati St. Spokane, WA 99220-3528 | 509.313.3758