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June & July 2017 - New Titles
The Great Cat and Dog Massacre: The Real Story of World War Two's Unknown Tragedy
Call Number: HV4805.A3 K43 2017
The tragedies of World War II are well known. But at least one has been forgotten: in September 1939, four hundred thousand cats and dogs were massacred in Britain. The government, vets, and animal charities all advised against this killing. So why would thousands of British citizens line up to voluntarily euthanize household pets?
In The Great Cat and Dog Massacre, Hilda Kean unearths the history, piecing together the compelling story of the life—and death—of Britain’s wartime animal companions. She explains that fear of imminent Nazi bombing and the desire to do something to prepare for war led Britons to sew blackout curtains, dig up flower beds for vegetable patches, send their children away to the countryside—and kill the family pet, in theory sparing them the suffering of a bombing raid. Kean’s narrative is gripping, unfolding through stories of shared experiences of bombing, food restrictions, sheltering, and mutual support. Soon pets became key to the war effort, providing emotional assistance and helping people to survive—a contribution for which the animals gained government recognition.
Drawing extensively on new research from animal charities, state archives, diaries, and family stories, Kean does more than tell a virtually forgotten story. She complicates our understanding of World War II as a “good war” fought by a nation of “good” people. Accessibly written and generously illustrated, Kean’s account of this forgotten aspect of British history moves animals to center stage—forcing us to rethink our assumptions about ourselves and the animals with whom we share our homes.
The Color of Law: A Forgotten History of How Our Government Segregated America
Call Number: E185.61 .R8185 2017
In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation―that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation―the laws and policy decisions passed by local, state, and federal governments―that actually promoted the discriminatory patterns that continue to this day.
Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.
As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.
The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.
Attorney-Client Privilege in the Americas: Professional Secrecy of Lawyers
Call Number: K2281.A7 A78 2017 - Clarke Collection
One of the major challenges facing the legal profession today is how to adapt and apply the concept of attorney-client privilege (or professional secrecy) in an increasingly globalised world. Rules on attorney-client privilege differ significantly from country to country. This book explores such differences within 32 jurisdictions in North, Central and South America and the Caribbean. Together with its complementary volume Professional Secrecy of Lawyers in Europe (Cambridge, 2013), this book explores the creation of a common definition for attorney-client privilege which can be accepted by a wide variety of countries and international institutions. Practice and interpretation within each jurisdiction is mapped and explored, including reference to local laws, ethical rules and case law. This book is a useful resource for those working on transactions or litigations which involve several countries.
The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic
Call Number: KF4749 .S58 2017
For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic?
The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
Defaming the Dead
Call Number: K930 .H478 2017
This is a delightfully deceptive works that start out with a simple, seemingly arcane question—can you libel or slander the dead?—and develops it outward, tackling larger and larger implications, until it ends up straddling the borders between law, culture, philosophy, and the meaning of life. A full answer to this question requires legal scholar Don Herzog to consider what tort law is actually designed to protect, what differences death makes—and what differences it doesn’t—and why we value what we value. Herzog is one of those rare scholarly writers who can make the most abstract argument compelling and entertaining.
Dismantling Solidarity: Capitalist Politics and American Pensions since the New Deal
Call Number: HD7125 .M23 2017
Why has old-age security become less solidaristic and increasingly tied to risky capitalist markets? Drawing on rich archival data that covers more than fifty years of American history, Michael A. McCarthy argues that the critical driver was policymakers' reactions to capitalist crises and their political imperative to promote capitalist growth.
Pension development has followed three paths of marketization in America since the New Deal, each distinct but converging: occupational pension plans were adopted as an alternative to real increases in Social Security benefits after World War II, private pension assets were then financialized and invested into the stock market, and, since the 1970s, traditional pension plans have come to be replaced with riskier 401(k) retirement plans. Comparing each episode of change, Dismantling Solidarity mounts a forceful challenge to common understandings of America’s private pension system and offers an alternative political economy of the welfare state.
McCarthy weaves together a theoretical framework that helps to explain pension marketization with structural mechanisms that push policymakers to intervene to promote capitalist growth and avoid capitalist crises and contingent historical factors that both drive them to intervene in the particular ways they do and shape how their interventions bear on welfare change. By emphasizing the capitalist context in which policymaking occurs, McCarthy turns our attention to the structural factors that drive policy change. Dismantling Solidarity is both theoretically and historically detailed and superbly argued, urging the reader to reconsider how capitalism itself constrains policymaking. It will be of interest to sociologists, political scientists, historians, and those curious about the relationship between capitalism and democracy.
Encyclopedia of Constitutional Amendments, 2d edition
Call Number: KF4557 .G76 2017
This thought-provoking and interesting text provides a complete examination of each of our nation's 27 Constitutional Amendments. From the prohibition of alcoholic beverages, to slavery, to the voting rights of women, this text illustrates how the US Constitution has changed since its ratification in 1789.
Free Speech Beyond Words: The Surprising Reach of the First Amendment
Call Number: KF4772 .T87 2017
The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning.
As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?
Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Free Speech on America's K-12 and College Campuses: Legal Cases from Barnette to Blaine
Call Number: KF4155.5 .B63 2017
Free Speech on America’s K–12 and College Campuses: Legal Cases from Barnette to Blaine covers the history of legal cases involving free speech issues on K–12 and college campuses, mostly during the fifty-year period from 1965 through 2015. While this book deals mostly with high school and college newspapers, it also covers religious issues (school prayer, distribution of religious materials, and use of school facilities for voluntary Bible study), speech codes, free speech zones, self-censorship due to political correctness, hate speech, threats of disruption and violence, and off-campus speech, including social media. Randall W. Bobbitt provides a representative sampling of cases spread across the five decades and across the subject areas listed above. Recommended for scholars of communication, education, political science, and legal studies.
The First Amendment under Fire: America's Radicals, Congress, and the Courts
Call Number: KF4770 .C36 2017
The First Amendment is perhaps the most important - and most debated - amendment in the US Constitution. It establishes freedom of speech, as well as that of religion, the press, peaceable assembly and the right to petition the government. But how has the interpretation of this amendment evolved? Milton Cantor explores America's political response to the challenges of social unrest and how it shaped the meaning of the First Amendment throughout the twentieth century. This multi-layered study of dissent in the United States from the early 1900s through the 1970s describes how Congress and the law dealt with anarchists, syndicalists, socialists, and militant labor groups, as well as communists and left-of-center liberals. Cantor describes these organizations' practices, policies, and policy shifts against the troubled background of war and overseas affairs. The volume chronologically explores each new challenge - both events and legislation - for the First Amendment and how the public and branches of government reacted. The meaning of the First Amendment was defined in the crucible of threats to national security. Some perceived threats were wartime events; the First World War instigated awareness of civil liberties, but in those times, security trumped liberty. In the peace that followed, efforts to curtail speech continued to prevail. Cantor analyzes the decades-long divisiveness regarding First Amendment decisions in the Supreme Court, coming down squarely in criticism of those who have argued for greater government control over speech.
Gerald Ford and the Separation of Powers: Preserving the Constitutional Presidency in the Post-Watergate Period
Call Number: JK305 .H56 2017
The constitutional presidency is the crown jewel of the separation of powers in the American system. Designed in 1787, the office was structured to weather a wide variety of political circumstances, accommodate broad ranges of personalities in its incumbents and educate officeholders to become better presidents. Nowhere are these three effects clearer than during the brief, unelected tenure of President Gerald Ford, because he occupied the presidency amid tremendous strains on the country and the separation of powers. After the dual traumas of Watergate and Vietnam, the public was profoundly skeptical of government in general and the presidency in particular. As a result, the post-Watergate Congress claimed the mantle of public support and proposed reforms that could have crippled the presidency’s constitutional powers. Weakened by the Nixon pardon, Ford stood alone in this environment without many of the informal political strengths associated with the modern presidency. As a result he had to rely, in large measure, on the formal powers of his constitutional office. Based on archival research, this book shows that Ford’s presidency placed the Constitution at the center of his time in office. The constitutional presidency allowed him to preserve his own political life, his presidential office, and the separation of powers amid a turbulent chapter in American history.
How May I Help You?: An Immigrant's Journey from MBA to Minimum Wage
Call Number: HD8081.A5 S55 2017
In this moving and insightful work, Deepak Singh chronicles his downward mobility as an immigrant to a small town in Virginia. Armed with an MBA from India, Singh can get only a minimum-wage job in an electronics store. Every day he confronts unfamiliar American mores, from strange idioms to deeply entrenched racism.
Telling stories through the unique lens of an initially credulous outsider who is “fresh off the plane,” Singh learns about the struggles of his colleagues: Ron, a middle-aged African-American man trying to keep his life intact despite health concerns; Jackie, a young African-American woman diligently attending school after work; and Cindy, whose matter-of-fact attitude helps Deepak adapt to his job and his new life.
How May I Help You? is an incisive take on life in the United States and a reminder that the stories of low-wage employees can bring candor and humanity to debates about work, race, and immigration.
Human Rights of, by, and for the People: How to Critique and Change the US Constitution
Call Number: KF4749 .H75 2017
Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These―the oldest governing documents still in use in the world―urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR.
The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.
The Accessible Federalist: A Modern English Translation of 16 Key Federalist Papers
Call Number: KF4515 .F4 2017
This modern English version of sixteen of Publius' most important essays is designed to set forth their argument in the clearest terms: the promise of the U.S. Constitution. Though The Federalist was itself written for the same purpose, the complexity of its prose and the meaning of several of its key terms have now passed out of currency—with the result that the original texts are now less able to communicate effectively to the uninitiated than they were when the first essays were published in 1787. Faithfully re-phrased for modern readers by an established and respected scholar of American political thought—and supplemented by quotations from the original texts—the selected essays included here offer today’s readers a judicious and effective first approach to The Federalist's most important ideas.
Illusion of Justice: Inside Making a Murderer and America's Broken System
Call Number: KF225.A84 B88 2017
Over his career, Jerome F. Buting has spent hundreds of hours in courtrooms representing defendants in criminal trials. When he agreed to join Dean Strang as co-counsel for the defense in Steven A. Avery vs. State of Wisconsin, he knew a tough fight lay ahead. But, as he reveals in Illusion of Justice, no-one could have predicted just how tough and twisted that fight would be—or that it would become the center of the documentary Making a Murderer, which made Steven Avery and Brendan Dassey household names and thrust Buting into the spotlight.
Buting’s powerful, riveting boots-on-the-ground narrative of Avery’s and Dassey’s cases becomes a springboard to examine the shaky integrity of law enforcement and justice in the United States, which Buting has witnessed firsthand for more than 35 years. From his early career as a public defender to his success overturning wrongful convictions working with the Innocence Project, his story provides a compelling expert view into the high-stakes arena of criminal defense law; the difficulties of forensic science; and a horrifying reality of biased interrogations, coerced or false confessions, faulty eyewitness testimony, official misconduct, and more.
Combining narrative reportage with critical commentary and personal reflection, Buting explores his professional and personal motivations, career-defining cases—including his shocking fifteen-year-long fight to clear the name of another man wrongly accused and convicted of murder—and what must happen if our broken system is to be saved. Taking a place beside Just Mercy and The New Jim Crow, Illusion of Justice is a tour-de-force from a relentless and eloquent advocate for justice who is determined to fulfill his professional responsibility and, in the face of overwhelming odds, make America’s judicial system work as it is designed to do.
The Jury under Fire: Myth, Controversy, and Reform
Call Number: KF8972 .B67 2017
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences.
The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
Justice and Mercy Have Met: Pope Francis and the Reform of the Marriage Nullity Process
Call Number: KBU3897 .J87 2017
With the promulgation of the motu proprio Mitis iudex Dominus Iesus for the Latin Church and the motu proprio Mitis et misericors Iesus for the Eastern Catholic Churches, both dated August 15, 2015, Pope Francis addressed the calls during the Third Extraordinary General Assembly of the Synod of Bishops (October 5-9, 2014) for a simplified procedure for the declaration of the nullity of marriages. Pope Francis introduced a briefer process to be conducted by the diocesan bishop and he simplified the current ordinary nullity process. The new procedural norms went into effect on December 8, 2015.
New legislation always challenges first and foremost the practitioner: how is the new legislation to be understood and applied? Immediately after the new law was made public, a number of articles on this new legislation were published in The Jurist. The School of Canon Law of The Catholic University of America organized a March 2016 Workshop on the very topic of this important procedural reform.
These articles are now brought together in one volume to assist those who work with these norms in the various tribunals dealing with marriage cases. It is hoped that this volume will be of great service to all those who serve the people of God in the ministry of justice, and that these contributions will truly be a help in understanding and applying the new norms.
The Law and Economics of Federalism
Call Number: KF4600 .L38 2017
This collection of specially commissioned chapters takes one of the oldest theoretical approaches on federalism in the law and puts it in the service of the new empirically minded law and economics. A federalist structure, at least in principle, allows for quasi-experimental examinations and evaluations of the effects of various policies that would be more difficult in unitary systems. Although legal scholars have talked about this topic for decades, rarely has the law and economics literature treated federalism empirically in such a systematic and useful way.
The Law and Economics of Federalism begins with a generalized discussion of US federalism in the environmental context and in social welfare programs. Additionally, new empirical work is provided on the effect of state regulations on entrepreneurism, consumer protection law and crime policies. Expert contributors then turn to an analysis of inter-jurisdictional arrangements on the development of Native American communities, as well as the interplay among the levels of government on budgetary issues. Lastly, the book addresses the notable dearth of empirical analysis of federalism in the EU with an illuminating analysis of the EU's institutional background that will spur comparable empirical work in the future.
This unique study offers valuable insights on federalism that will be welcomed by students and academics in law and economics. The innovative proposals on federalism as a vehicle for the empirical identification of policy effects will be of great interest to policymakers.
The Legal Epic: "Paradise Lost" and the Early Modern Law
Call Number: PR3562 .C54 2017
The seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history.
Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth.
Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
Moonshine: A Global History
Call Number: HJ5021 .K67 2017
You might think moonshine only comes from ramshackle stills hidden away in the Appalachian Mountains, but the fact of the matter is we’ve been improvising spirits all around the world for centuries. No matter where you go, there is a local bootleg liquor, whether it’s bathtub gin, peatreek, or hjemmebrent. In this book, Kevin R. Kosar tells the colorful and, at times, blinding history of moonshine, a history that’s always been about the people: from crusading lawmen and clever tinkerers to sly smugglers and ruthless gangsters, from pontificating poets and mountain men to beleaguered day-laborers and foolhardy frat boys.
Kosar first surveys all the things we’ve made moonshine from, including grapes, grains, sugar, tree bark, horse milk, and much more. But despite the diversity of its possible ingredients, all moonshine has two characteristics: it is extremely alcoholic, and it is, in most places, illegal. Indeed, the history of DIY distilling is a history of criminality and the human ingenuity that has prevailed out of officials’ sights: from cleverly designed stills to the secret smuggling operations that got the goods to market. Kosar also highlights the dark side: completely unregulated, many moonshines are downright toxic and dangerous to drink. Spanning the centuries and the globe, this entertaining book will appeal to any food and drink lover who enjoys a little mischief.
Migrant, Refugee, Smuggler, Savior
Call Number: K5299 .T56 2017
Migrant, Refugee, Smuggler, Savior investigates one of the most under-examined aspects of the great migration crisis of our time. As millions seek passage to Europe, in order to escape violent conflicts, repressive governments, and crushing poverty, their movements are enabled and actively encouraged by criminal networks that amass billions of dollars by facilitating their transport.
Native Seattle: Histories from the Crossing-Over Place, 2d edition
Call Number: E78.W3 T47 2017
This updated edition of Native Seattle brings the indigenous story to the present day and puts the movement of recognizing Seattle's Native past into a broader context. Native Seattle focuses on the experiences of local indigenous communities on whose land Seattle grew, accounts of Native migrants to the city and the development of a multi-tribal urban community, as well as the role Native Americans have played in the narrative of Seattle.
The Nez Perces: The History of Their Troubles and the Campaign of 1877
Call Number: E83.877 .M28 2016
This history of the Nez Perce War was written in 1878–79 by Duncan McDonald, a relative of Chief Looking Glass and the son of a Hudson’s Bay Company fur trader and a Nez Perce Indian woman. McDonald spent most of his life on the Flathead Indian Reservation in western Montana.
McDonald wrote the history based on interviews and family sources. In 1878 he traveled to Canada to interview Nez Perce chief White Bird and learn his side of the story. Remarkably, the history was published in a Deer Lodge, Montana, newspaper only a year or two after the war ended.
McDonald’s Nez Perce War history is published with a historical introduction and selection of his other essays on Indian affairs, in which he objects to the United States government’s unjust treatment of northwest Indian tribes and condemns the threats of some Montana whites to attack Indians who were friendly to the settlers.
Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War
Call Number: KF4764 .B76 2017
How did Americans in the generations following the Declaration of Independence translate its lofty ideals into practice? In this broadly synthetic work, distinguished historian Richard Brown shows that despite its founding statement that “all men are created equal,” the early Republic struggled with every form of social inequality. While people paid homage to the ideal of equal rights, this ideal came up against entrenched social and political practices and beliefs.
Brown illustrates how the ideal was tested in struggles over race and ethnicity, religious freedom, gender and social class, voting rights and citizenship. He shows how high principles fared in criminal trials and divorce cases when minorities, women, and people from different social classes faced judgment. This book offers a much-needed exploration of the ways revolutionary political ideas penetrated popular thinking and everyday practice.
The Unexpected Scalia
Call Number: KF8745.S33 D67 2017
Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.
Unwarranted: Policing Without Permission
Call Number: KF5399 .F75 2017
In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected―and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely.
Unwarranted tells the stories of ordinary people whose lives were torn apart by policing―by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem.
Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
The War on Sex
Call Number: KF4754.5 .W37 201
The past fifty years are conventionally understood to have witnessed an uninterrupted expansion of sexual rights and liberties in the United States. This state-of-the-art collection tells a different story: while progress has been made in marriage equality, reproductive rights, access to birth control, and other areas, government and civil society are waging a war on stigmatized sex by means of law, surveillance, and social control. The contributors document the history and operation of sex offender registries and the criminalization of HIV, as well as highly punitive measures against sex work that do more to harm women than to combat human trafficking. They reveal that sex crimes are punished more harshly than other crimes, while new legal and administrative regulations drastically restrict who is permitted to have sex. By examining how the ever-intensifying war on sex affects both privileged and marginalized communities, the essays collected here show why sexual liberation is indispensable to social justice and human rights.
When Police Kill
Call Number: HV8031 .Z56 2017
Deaths of civilians at the hands of on-duty police are in the national spotlight as never before. How many killings by police occur annually? What circumstances provoke police to shoot to kill? Who dies? The lack of answers to these basic questions points to a crisis in American government that urgently requires the attention of policy experts. When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced.
Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Of the 1,100 killings by police in the United States in 2015, he shows, 85 percent were fatal shootings and 95 percent of victims were male. The death rates for African Americans and Native Americans are twice their share of the population.
Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers.
Women and Leadership
Call Number: HQ1233 .R463 2017
For most of recorded history, men have held nearly all of the most powerful leadership positions. Today, although women occupy an increasing percentage of leadership positions, in America they hold less than a fifth of positions in both the public and private sectors. The United States ranks 78th in the world for women's representation in political office. In politics, although women constitute a majority of the electorate, they account for only 18 percent of Congress, 10 percent of governors, and 12 percent of mayors of the nation's 100 largest cities. In academia, women account for a majority of college graduates, but only about a quarter of full professors and university presidents. In law, women are almost half of law school graduates, but only 17 percent of the equity partners of major firms, and 22 percent of Fortune 500 general counsels. In business, women constitute a third of MBA graduates, but only 5 percent of Fortune 500 CEOs.
In Women and Leadership, the eminent legal scholar Deborah L. Rhode focuses on women's underrepresentation in leadership roles and asks why it persists and what we can do about it. Although organizations generally stand to gain from increasing gender equity in leadership, women's underrepresentation is persistent and pervasive. Rhode explores the reasons, including women's family roles, unconscious gender bias, and exclusion from professional development networks. She stresses that we cannot address the problem at the individual level; instead, she argues that we need broad-based strategies that address the deep-seated structural and cultural conditions facing women. She surveys a range of professions-politics, management, law, and academia-and draws from a survey of prominent women to develop solutions that can successfully chip away at the imbalance. These include developing robust women-to-women networks, enacting laws and policies that address work/life imbalances, and training programs that start at an earlier age. Rhode's clear exploration of the leadership gap and her compelling policy prescriptions will make this an essential book for anyone interested in leveling the playing field for women leaders in America.
About Abortion: Terminating Pregnancy in Twenty-First-Century America
Call Number: HQ767.15 .S26 2017
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women’s willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman’s desire to control personal information, and abortion secrecy, a woman’s defense against the many harms of disclosure.
Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision―let alone a right―but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women’s abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics.
New medical technologies, women’s increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women’s decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.
Against Labor: How U.S. Employers Organized to Defeat Union Activism
Call Number: HD8072 .A26 2017
Against Labor highlights the tenacious efforts by employers to organize themselves as a class to contest labor. Ranging across a spectrum of understudied issues, essayists explore employer anti-labor strategies and offer incisive portraits of people and organizations that aggressively opposed unions. Other contributors examine the anti-labor movement against a backdrop of larger forces, such as the intersection of race and ethnicity with anti-labor activity, and anti-unionism in the context of neoliberalism. Timely and revealing, Against Labor deepens our understanding of management history and employer activism and their metamorphic effects on workplace and society.
Babies of Technology: Assisted Reproduction and the Rights of the Child
Call Number: KF3830 .M37 2017
Millions of children have been born in the United States with the help of cutting-edge reproductive technologies, much to the delight of their parents. But alarmingly, scarce attention has been paid to the lax regulations that have made the U.S. a major fertility tourism destination. And without clear protections, the unique rights and needs of the children of assisted reproduction are often ignored.
This book is the first to consider the voice of the child in discussions about regulating the fertility industry. The controversies are many. Donor anonymity is preventing millions of children from knowing their genetic origins. Fertility clinics are marketing genetically enhanced babies. Career women are saving their eggs for later in life. And Third World women are renting their wombs to the rich. Meanwhile, the unregulated fertility market charges forward as a multi-billion-dollar industry. This deeply-considered book offers answers to the urgent question: Who will protect our babies of technology?
Call Number: KF4758 .M327 2017
The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.
Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here―many published for the first time―provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public―for example, the analysis of substantive equality. Others urge changes that have yet to be realized.
The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.
Conceptualizing Evolution Education: A Corpus-Based Analysis of US Press Discourse
Call Number: P96.L342 U6 2017
This volume explores the benefits of grounding corpus-assisted discourse analysis within the theoretical framework of cognitive linguistics. This is accomplished here against the highly emotive controversy over the teaching of evolution in the US classroom. The book explores grammatical construal, conceptual metaphor theory, conceptual blending theory, frame semantics, and key word analysis, and uses a combination of corpus-based analysis and in-depth manual analysis of select articles. As such, it provides both a broad picture of the way the debate is conceptualized in the US press, as well as a close-up of some of the more representative discourses. This research will be of interest to scholars in a variety of fields including corpus linguistics, cognitive linguistics, discourse analysis, communication studies and American culture, as well as anyone interested in the debate over evolution education.
Constitutional Ethos: Liberal Equality for the Common Good
Call Number: KF4506 .T74 2017
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning.
Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic.
Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities.
The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
Critical Race Theory, 3d edition
Call Number: KF4755 .D454 2017
Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights.
As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study.
Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
Critical Race Theory and Education: A Marxist Response
Call Number: LC212.2 .C65 2017
Critical Race Theory (CRT) in the realm of Education has a long history in the US, and is now a bourgeoning field of enquiry in the UK. Critical Race Theory and Education is the first book-length response to CRT from a Marxist perspective. It looks at CRT's origins in Critical Legal Studies, critiques the work of major US and UK Critical Race Theorists and also looks at some of CRT's strengths. CRT and Marxism are contextualized with respect to both neo-liberal global capitalism and imperialism and to antiracist socialist developments in South America. The book concludes with some suggestions for classroom practice.
The Devil Himself: A Tale of Honor, Insanity, and the Birth of Modern America
Call Number: KF223.D845 P67 2017
Nicholas Dukes and Captain Adam Nutt were two men with much in common. Both were prominent members of Pennsylvanian society in the 1880s, both had studied law under the same mentor, and both shared an intimate connection to the beautiful Lizzie Nutt: Dukes was her debonair fiancé, Nutt her doting father. Yet Dukes soured on Lizzie during their engagement and resolved to rid himself of his betrothed. He penned a scandalous letter to Captain Nutt accusing Lizzie of sexual transgressions with no fewer than seven suitors, himself included. Such were her charms of seduction, Dukes claimed, that she "would disarm the devil himself." Nutt was not one to suffer lightly an affront to his family. He fired back, "I have always held that when a man invades the sanctity of a home, he takes his life in his hands, and under this code, I shall act." In their shared village of Uniontown, Nutt confronted Dukes in a duel that would lead to one man's death and the other's sensational murder trial. Using the Dukes-Nutt affair, the book explores the role of honor in a society hesitating at the threshold between past and future.
Dirty Secrets: How Tax Havens Destroy the Economy
Call Number: HJ2336 .M87 2017
What happens when the rich are allowed to hide their money in tax havens, and what we should do about it
The Panama Papers were a reminder of how the superrich are allowed to hide their wealth from the rest of us. Dirty Secrets uncovers the extent of the corruption behind this crisis and shows what needs to be done in the face of this unregulated spread of rampant greed.
Tax havens, we are often told, are part of the global architecture of capitalism, providing a freedom from regulation necessary to make markets work. In this book, leading authority Richard Murphy uncovers the truth behind this lie. The fact of the matter is that this increasingly popular practice threatens the foundations of democracy, sowing mistrust and creating a regime based upon opacity.
As Murphy shows, how we manage our economy is a political decision, and one that can be changed. Dirty Secrets proposes ways to regulate tax havens and what the world might look like without them.
The First Amendment and LGBT Equality: A Contentious History
Call Number: KF4754.5 .B35 2017
Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.
Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.
Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.
Free Expression and Democracy: A Comparative Analysis
Call Number: JC591 .S28 2017
Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country.
The History of Courts and Procedure in Medieval Canon Law
Call Number: KBU3782 .H57 2016
Understanding the rules of procedure and the practices of medieval and early modern courts is of great importance for historians of every stripe. The authors and editors of this volume present readers with a description of court procedure, the sources for investigating the work of the courts, the jurisprudence and the norms that regulated the courts, as well as a survey of the variety of courts that populated the European landscape. Not least, the authors wish to show the relationship between the jurisprudence that governed judicial procedure and what happened in the court room.
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts
The Imperial Presidency and the Constitution
Call Number: JK516 .I47 2017
Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander-in-chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a roadmap for assessing the propriety of executive behavior.
The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies
Call Number: K5077 .I49 2017
How often is the defense of insanity or temporary insanity for accused criminals valid―or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands.
• Presents multidisciplinary coverage of this important topic―one that is typically polarizing for members of the general public
• Includes discussions of new advances in neuroscience that have revived debates regarding free will, culpability, and punishment
• Illustrates points with widely publicized and televised trials that have recently increased public awareness of the insanity defense as well as heated debates over its justification
Jewish Justice: The Contested Limits of Nature, Law, and Covenant
Call Number: BJ1285.2 .N68 2017
In Jewish Justice David Novak explores the continuing role of Judaism for crafting ethics, politics, and theology. Drawing on sources as diverse as the Bible, the Talmud, and ancient, medieval, and modern philosophy, Novak asserts Judaism's integral place in communal discourse of the public square.
According to Novak, biblical revelation has universal implications―that it is ultimately God's law to humanity because humans made in God's image are capable of making intelligent moral choices. The universality of this claim, however, stands in tension with the particularities of Jewish monotheism (one God, one people, one law). Novak's challenge is for Judaism to capitalize on the way God's law transcends particularity without destroying difference. Thus it is as Jews that Jews are called to join communities across the faithful denominations, as well as secular ones, to engage in debates about the common good.
Jewish Justice follows a logical progression from grounded ethical quandaries to larger philosophical debates. Novak begins by considering the practical issues of capital punishment, mutilation and torture, corporate crime, the landed status of communities and nations, civil marriage, and religious marriage. He next moves to a consideration of theoretical concerns: God's universal justice, the universal aim of particular Jewish ethics, human rights and the image of God, the relation of post-Enlightenment social contract theory to the recently enfranchised Jewish community, and the voices of Jewish citizens in secular politics and the public sphere. Novak also explores the intersection of universality and particularity by examining the practice of interfaith dialogue among Jews, Christians, and Muslims.
Jewish Justices of the Supreme Court: From Brandeis to Kagan
Call Number: KF8744 .D35 2017
Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan.
David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges’ Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles.
Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.
Intellectual Property: A Very Short Introduction, 2d edition
Call Number: K1401 .V33 2017
We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world.
Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
Law Professor and Accidental Historian: The Scholarship of Michael A. Olivas
Call Number: KF373.O44 L39 2017
Law Professor and Accidental Historian is a timely and important reader addressing many of the most hotly debated domestic policy issues of our times—immigration policy, education law, and diversity. Specifically, this book examines the works of one of the country's leading scholars—Professor Michael A. Olivas. Many of the academy's most respected immigration, civil rights, legal history, and education law scholars agreed to partake in this important venture, and have contributed provocative and exquisite chapters covering these cutting-edge issues. Each chapter interestingly demonstrates that Olivas's works are not only thoughtful, brilliantly written, and thoroughly researched, but almost every Olivas article examined has an uncanny ability to predict issues that policy-makers failed to consider. Indeed, in several examples, the book highlights ongoing societal struggles on issues Professor Olivas had warned of long before they came into being. Perhaps with this book, our nation's policy-makers will more readily read and listen closely to Olivas's sagacious advice and prophetic predictions.
Judicial Independence and the American Constitution: A Democratic Paradox
Call Number: KF5130 .R43 2017
The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.
Justices and Journalists: The Global Perspective
Call Number: K487.M43 J87 2017
A key intermediary between courts and the public are the journalists who monitor the actions of justices and report their decisions, pronouncements, and proclivities. Justices and Journalists: The Global Perspective is the first volume of its kind - a comparative analysis of the relationship between supreme courts and the press who cover them. Understanding this relationship is critical in a digital media age when government transparency is increasingly demanded by the public and judicial actions are the subject of press and public scrutiny. Richard Davis and David Taras take a comparative look at how justices in countries around the world relate to the media, the interactive points between the courts and the press, the roles of television and the digital media, and the future of the relationship.
The Law of Nations and the United States Constitution
Call Number: KF4550 .B373 2017
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Making Good Law or Good Policy?: The Causes and Effects of State Supreme Court Judges’ Role Orientations
Call Number: KF8736 .C37 2017
This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges’ role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges’ orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.
The Malmedy Massacre: The War Crimes Trial Controversy
Call Number: D804.G3 R46 2017
During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy―the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre―and the decade-long controversy that followed―to set the record straight.
After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators―some of them Jewish émigrés―had coerced false confessions and that heat of battle conditions, rather than superiors’ orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution’s true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957.
The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS’s brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war’s most infamous crimes through a systematic campaign of fabrications and distortions.
Managed Speech: The Roberts Court's First Amendment
Call Number: KF8742 .M24 2017
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom.
This timely book shows how the Roberts Court's free speecOur constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Courts First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom.
This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate.
Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.h decisions embody a version of expressive freedom that Professor Magarian calls "managed speech." Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate.
Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Somalis in the Twin Cities and Columbus: Immigrant Incorporation in New Destinations
Call Number: F614.S4 C56 2017
In the early 1990s, Somali refugees arrived in Minneapolis and St. Paul, Minnesota. Later in the decade, an additional influx of immigrants arrived in a second destination of Columbus, Ohio. These refugees found low-skill jobs in warehouses and food processing plants and struggled as social “outsiders,” often facing discrimination based on their religious traditions, dress, and misconceptions that they are terrorists. The immigrant youth also lacked access to quality educational opportunities.
In Somalis in the Twin Cities and Columbus, Stefanie Chambers provides a cogent analysis of these refugees in Midwestern cities where new immigrant communities are growing. Her comparative study uses qualitative and quantitative data to assess the political, economic, and social variations between these urban areas. Chambers examines how culture and history influenced the incorporation of Somali immigrants in the U.S., and recommends policy changes that can advance rather than impede incorporation.
Her robust investigation provides a better understanding of the reasons these refugees establish roots in these areas, as well as how these resettled immigrants struggle to thrive.
Ten Dollars to Hate: The Texas Man Who Fought the Klan (Sam Rayburn Series on Rural Life
Call Number: KF373.M557 B47 2017
Ten Dollars to Hate tells the story of the massive Ku Klux Klan of the 1920s—by far the most “successful” incarnation since its inception in the ashes of the Civil War—and the first prosecutor in the nation to successfully convict and jail Klan members. Dan Moody, a twenty-nine-year-old Texas district attorney, demonstrated that Klansmen could be punished for taking the law into their own hands—in this case, for the vicious flogging of a young World War I veteran.
The 1920s Klan numbered in the millions and infiltrated politics and law enforcement across the United States, not just in the Deep South. Several states elected Klan-sponsored governors and US senators. Klansmen engaged in extreme violence against whites as well as blacks, promoted outrageous bigotry against various ethnic groups, and boycotted non-Klan businesses.
A few courageous public officials tried to make Klansmen pay for their crimes, notably after Klan assaults in California and Texas and two torture-murders in Louisiana. All failed until September 1923 when Dan Moody convicted and won significant prison time for five Klansmen in a tense courtroom in Georgetown, Texas. Moody became a national sensation overnight and went on to become the youngest governor of Texas at the age of 33.
The Georgetown cases were the beginning of the end for this iteration of the Klan. Two years later, the head of the Klan in Indiana was convicted of murdering a young woman. Membership dwindled almost as quickly as it had grown, but the Klan’s poisonous influence lingered through the decades that followed. Ten Dollars to Hate explores this pivotal—and brutal—chapter in the history of America.
Thunder in the Mountains: Chief Joseph, Oliver Otis Howard, and the Nez Perce War
Call Number: E83.877 .S49 2017
Oliver Otis Howard thought he was a man of destiny. Chosen to lead the Freedmen’s Bureau after the Civil War, the Union Army general was entrusted with the era’s most crucial task: helping millions of former slaves claim the rights of citizens. He was energized by the belief that abolition and Reconstruction, the country’s great struggles for liberty and equality, were God’s plan for himself and the nation. To honor his righteous commitment to a new American freedom, Howard University was named for him.
But as the nation’s politics curdled in the 1870s, General Howard exiled himself from Washington, D.C., rejoined the army, and was sent across the continent to command forces in the Pacific Northwest. Shattered by Reconstruction’s collapse, he assumed a new mission: forcing Native Americans to become Christian farmers on government reservations.
Howard’s plans for redemption in the West ran headlong into the resistance of Chief Joseph, a young Nez Perce leader in northeastern Oregon who refused to leave his ancestral land. Claiming equal rights for Native Americans, Joseph was determined to find his way to the center of American power and convince the government to acknowledge his people’s humanity and capacity for citizenship. Although his words echoed the very ideas about liberty and equality that Howard had championed during Reconstruction, in the summer of 1877 the general and his troops ruthlessly pursued hundreds of Nez Perce families through the stark and unforgiving Northern Rockies. An odyssey and a tragedy, their devastating war transfixed the nation and immortalized Chief Joseph as a hero to generations of Americans.
Recreating the Nez Perce War through the voices of its survivors, Daniel J. Sharfstein’s visionary history of the West casts Howard’s turn away from civil rights alongside the nation’s rejection of racial equality and embrace of empire. The conflict becomes a pivotal struggle over who gets to claim the American dream: a battle of ideas about the meaning of freedom and equality, the mechanics of American power, and the limits of what the government can and should do for its people. The war that Howard and Joseph fought is one that Americans continue to fight today.
Video Games and the Law
Call Number: KF3994 .G37 2017
The video game industry is big business, not only in terms of the substantial revenue generated through retail sales of games themselves, but also in terms of the size and value of parallel and secondary markets. Consider any popular video game today, and you most likely are looking at a franchise that includes not only the game itself and all of its variants but also toys, books, movies, and more, with legions of fans that interact with the industry in myriad ways. Surveying the legal landscape of this emergent industry, Ron Gard and Elizabeth Townsend-Gard shed light on the many important topics where law is playing an important role. In examining these issues, Video Games and the Law is both a legal and a cultural look at the development of the video game industry and the role that law has played so far in this industry’s ability to thrive and grow.
World War I and the American Constitution
Call Number: KF4550 .R5973 2017
The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.
Accounting and Finance for Lawyers in a Nutshell, 6th edition
Call Number: KF1357 .M49 2017 - Reserve
This product provides a well-rounded summary of the relevant accounting areas from basic financial statements to complex earnings-per-share ratios and corporate finance and valuation. Learn how to recognize revenue, expenses, assets, and liabilities. It reviews accounting principles for many different areas, including acquisitions, investments, long-term debt, leases, stocks, and partnerships. It also discusses recent developments such as adoption of new requirements to place most operating leases on the lessee’s balance sheet, a new principles based approach to accounting for revenue, refinements in the accounting for stock options, and revised rules for applying the lower of cost or market rule to inventory.
Bankruptcy and Related Law in a Nutshell, 9th edition
Call Number: KF1501 .E67 2017 - Reserve
Publication Date: 2017-04-21
This classic student text, used by tens of thousands of law students for over 45 years has been revised to reflect changes in case law, changes in bankruptcy practices, and changes in bankruptcy casebooks. Today's bankruptcy courses are now much more than just the automatic stay, avoiding powers, and discharge. As bankruptcy classes have become more comprehensive, more students have found this book helpful in comprehending reading assignments, class discussions, and exam questions.
Broker-Dealer Regulation in a Nutshell, 3d edition
Call Number: KF1071 .H39 2017 - Reserve
This title is designed to provide an introduction and overview of broker-dealer regulation in the securities markets. It covers broker-dealer front office and back office issues as well as market regulation generally. It gives you an understanding of basic concepts and the underlying regulatory scheme, providing an explanation of broker-dealer regulation generally, sales practices, analysts' conflicts of interest, civil liabilities, and arbitration. This title also provides an overview of industry self-regulation under FINRA (the Financial Industry Regulatory Authority).
Marijuana Law in a Nutshell
Call Number: KF3891.M2 O83 2017 - Reserve
Concise yet comprehensive text that provides an overview of marijuana law. It discusses important issues pertaining to public policy, legal history, constitutional law, criminal law, and jurisprudence, as well as practical legal issues that concern both marijuana-related businesses and individuals, in areas such as banking, employment, tax, bankruptcy, and child custody. The text provides in-depth coverage of federal laws governing marijuana, along with an overview of international, state, and local laws relating to marijuana regulation. It also provides an overview of arguments for and against medical and/or recreational legalization, as well as an analysis of how marijuana compares to other potentially harmful substances, both legal and illegal.
Oil and Gas Law and Taxation
Call Number: KF1849 .A753 2017 - Reserve
This Hornbook, a revision of the Hemingway Hornbook, is the most comprehensive one-volume work on oil and gas law and taxation available today. For over three decades, Professor Richard Hemingway’s prior editions of this seminal work provided guidance to courts, lawyers, commentators, and students. Six distinguished scholars, Professors Anderson, Dzienkowski, Lowe, Peroni, Pierce, and Smith, have joined together to co-author a new version of this classic treatise. As a one-volume treatise, this work covers the substantive law of oil and gas and federal income taxation of oil and gas transactions. The first two chapters examine the mineral interest/estate and related transactions. The third chapter covers trespass and related issues. The fourth chapter covers adverse possession and dormant minerals. Chapters five through eight examine in detail the oil and gas lease. Chapter nine addresses transfers by the lessor and the lessee. Chapters ten through twelve are devoted to oil and gas taxation.
Federal Courts: The Current Questions
Call Number: KF8719 .Y33 2017 - Reserve
This book identifies and explores the major problems now under discussion in law school courses typically denominated Federal Courts or Federal Jurisdiction. It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle s previous book, entitled Federal Courts. The third edition of that book appeared in 2009.
Criminal Law, 6th edition
Call Number: KF9219 .L38 2017 - Reserve
Major emphasis is placed on the basic premises of criminal law, including its sources and general limitations. This Hornbook provides detailed discussion on the topics of responsibility, justification and excuse, inchoate crimes, accomplice, and liability. Attention is also given to subjects such as causation, insanity, and conspiracy.
Persuasive Writing: A Storytelling Approach
Call Number: KF250 .C36 2017 - Reserve
Persuasive Writing: A Storytelling Approach teaches students how to write effective motion briefs, and other types of non-adversarial persuasive writing by threading a narrative or storytelling theme throughout the entire text. This text endorses a three-stage framework processing, packaging and revising for integrating storytelling into any type of persuasive writing and is premised on the theory that Legal Storytelling is the most effective backdrop for effective advocacy. Organized to make the material accessible and highlight the intuitive nature of legal storytelling, this text will give the novice legal writer several resources to engage with the legal storytelling process.
Call Number: KF250 .S36 2017 - Reserve
Synthesis: Legal Reading, Reasoning, and Communication employs a successful step-by-step approach to effective legal reasoning and writing skills, teaching students how to think like a lawyer: how to read the law, how to reason a client’s situation, and how to write about the case in different legal forms. Maintaining a pedagogy designed to teach students in a variety of ways, the text incorporates numerous charts and diagrams for visual learners. Exercises—based on tort law issues that are particularly accessible to first-year students—provide opportunities for active application of skills. Also included is complete coverage of memo and brief writing. The book is accompanied by a Teacher’s Manual that contains additional exercises based on different areas of the first-year curriculum, suggestions for how to most effectively use the book, and sample syllabi.
I'm Carolyn Parker: The Good, The Mad & The Beautiful - DVD
Call Number: HV636 2005.N4 I4 2012 - DVD Collection 1st Floor
I'm Carolyn Parker unfolds as an inspiring portrait of an extraordinary woman. Carolyn Parker was the last to leave her neighborhood when Hurricane Katrina approached New Orleans in the summer of 2005. After the floodwaters subsided, she was the first resident to return to her now flood-devastated community with what many thought was the ""impossible dream"" of bringing her ruined home back to life. A Jonathan Demme film.This DVD deals with race and the law.
Moneyball - DVD
Call Number: DVD M65 - DVD Collection 1st Floor
Centers on the 2002 Oakland Athletics baseball team, who were led by general manager Billy Beane to an excellent season despite having the lowest payroll in the major leagues. In addition to scouting and more conventional methods of assembling a team, Beane introduced statistics and mathematical analysis into player evaluation, to the chagrin of many traditionalists. This DVD deals with sports law.
Party Girl - DVD
Call Number: DVD P274 - DVD Collection 1st Floor
Mary is a free-spirited young woman with a run-down New York apartment and a high fashion wardrobe. She calls her godmother, a librarian, for bail money after being arrested for throwing an illegal party. To repay the loan, she begins working as a library clerk. At first she hates it, but when challenged decides to master the Dewey Decimal System and become a great library clerk, while romancing a falafel vendor and helping her roommate in his goal to become a professional DJ. This DVD deals with libraries and criminal law.
Rain Man - DVD
Call Number: DVD R25 - DVD Collection 1st Floor
Charlie is a hustler. He's been on his own long enough to know how to work people and situations. He finds that the father who threw him out as a teen ager has died. He's left him a now antique convertible and something more important, a previously unknown brother, Raymond. Raymond is autistic, but is able to calculate complicated mathematical problems in his head with great speed and accuracy. Their father has left his fortune to Raymond who doesn't even understand what money is for. Charlie is enraged by what has happened and by his father keeping Raymond's existence from him for his entire life. He kidnaps Raymond from his residential home but then finds that Raymond will only fly Qantas. The two begin a long road trip that will lead them to an understanding of each other.
Race - DVD
Call Number: DVD R23 - DVD Collection 1st Floor
Jesse Owens, the son of an Alabama sharecropper, shattered Adolf Hitler's assertion of Aryan supremacy by winning a record four gold medals in the 100-meter dash, the 200-meter dash, the long jump, and the 400-meter relay at the 1936 Berlin Olympics. Owens' accomplishments are considered among the greatest athletic victories of all time. Hitler declared that Jews and Blacks would not be allowed to participate in the Olympics, and only relented when he was threatened with a boycott. This DVD deals with sports law and race and the law,
Stray Dog - DVD
Call Number: DVD S798 - DVD Collection 1st Floor
Murukami, a young homicide detective, has his pocket picked on a bus and loses his pistol. Frantic and ashamed, he dashes about trying to recover the weapon without success until taken under the wing of an older and wiser detective, Sato. Together they track the culprit. This DVD deals with criminal law.
Willy Wonka & the Chocolate Factory - DVD
Call Number: DVD W55 - DVD Collection 1st Floor
The story of Charlie Bucket, a little boy with no money and a good heart, who dreams wistfully of being able to buy the candy that other children enjoy. Charlie enters into a magical world when he wins one of five 'Golden Tickets' to visit the mysterious chocolate factory owned by the eccentric Willy Wonka and run by his capable crew of Oompa-Loompas. Once behind the gates, a cast of characters join Charlie and Grandpa Joe on a journey to discover that a kind heart is a far finer possession than a sweet tooth. This DVD deals with contract law.
Annotations are provided by the publisher, Syndetic Solutions, Amazon, or Google Books.
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