New Titles in the Chastek Library

"Administrative law processes enhance participation, transparency, fairness, and access to information in administrative agencies and the government generally. The fourth edition of Administrative Law and Process highlights these issues in a timely manner through both classic and current cases. In Part I, how agencies exercise their powers is explored. In Part II, the structural and constitutional issues that flow from legislative, executive, and judicial oversight is explored. Key doctrines of administrative law are thoroughly addressed throughout this book, to which Part III adds a new dimension. It focuses directly on how lawyers actually practice administrative law through a series of drafting and strategic planning problems. The three parts of the book are closely interrelated giving professors the option of involving students in simulations that relate to the doctrines and issues they are studying."

"Understanding the basics of mediation and dispute resolution is a great foundation, but only practice will turn those building blocks into usable skills. ADR Training: Negotiation and Dispute Resolution Workbook is the tool both students and practitioners need to mold your abstract understanding of negotiation into the concrete skills that will let you walk into a conference room with composure and authority. The fact patterns in this collection are succinct enough to understand within fifteen minutes of receiving the material, but multifaceted enough to create a realistic mediation experience. Whether you are engaged in an academic mediation competition or honing your abilities for clients, ADR Training will sharpen your skills and give you the confidence you need." -- Publisher's site.

"Written in clear, incisive prose with self-deprecating humor, Advocate discusses the travails of prominent politicians and other well-known individuals, focusing particularly on high-profile congressional and other investigations. Credited with developing the modern system for vetting Democratic vice-presidential candidates, Hamilton recounts his extensive vetting of vice-presidential, cabinet, and Supreme Court candidates—including Joe Biden, John Edwards, and Ruth Bader Ginsburg. This book concludes with practical, sage advice for young lawyers entering the profession. Much more than a memoir from a seasoned lawyer, Advocate is a richly detailed history of some of the most sensational and controversial events in Washington politics over the past fifty years." -- Publisher's site.

"Alabama v. King captures a pivotal moment in the fight for equality, from the eyes of the lawyer who Dr. King called "the brilliant young leader who later became the chief counsel for the protest movement." -- Publisher's site.

"AMERICAN CARTEL is the story of those who were on the front lines of the fight to stop the human carnage. Along the way, they suffer a string of defeats, some of their careers destroyed by the very same government officials who swore to uphold the law before they begin to prevail over some of the most powerful corporate and political influences in the nation." -- Publisher's site.

"In American Injustice, Rudolf gives a voice to those who have been the victim of wrongful accusations and shows in the starkest terms the human impact of legal wrongdoing. Effortlessly blending gripping true-crime reporting and searing observations on civil rights in America, American Injustice takes readers behind the scenes of a justice system in desperate need of reform." -- Publisher's site.

"In this poignant and compelling memoir, Lisa Sarnoff Gochman captures the terror, wonder, and joy of preparing for and arguing a landmark criminal case before the nine justices of the US Supreme Court in Washington, DC. At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor. Told with grace and humor, At the Altar of the Appellate Gods will interest anyone who is curious about the inner workings of our court system and what it is really like to bring a case before the highest court in the country." -- Publisher's site.

"While not the result of coordinated litigation, nor initially connected to the LGBTQ+ rights movement, Price Waterhouse has been one of the most important and powerful precedents in recent years outside of the marriage equality cases. Before Bostock tells the story of how this “accidental” precedent evolved into such a crucial case for contemporary LGBTQ+ rights." -- Publisher's site.

"Bully Market sounds the alarm on the culture of finance and corporate America, while offering clear, actionable ideas for creating a fairer workplace. Both a revealing, extraordinary look at the industry and a top Wall Streeter’s explosive personal story, Bully Market is an essential account of one woman’s experience in a flawed system that speaks to the challenge and urgency for change." -- Publisher's site.

"Rich with scholarly detective work and personal reflection, Come to This Court and Cry is a fearlessly brave examination of how history can become distorted over time, how easily the innocent are forgotten, and how carelessly the guilty are sometimes reprieved." -- Publisher's site.

"This title analyzes a select number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical malpractice and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, the theories, the styles of reasoning and the tort law cultures across the Atlantic." -- Publisher's site.

"This book provides a user-friendly guide to constitutional law in the context of public colleges and universities that is easily accessible to students, faculty members, and administrators. While this book will be helpful to lawyers, our primary audience is the educated layperson. Each of the book’s chapters discusses the basic constitutional principles and how they apply in the context of public higher education." -- Publisher's site.

"Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all." -- Publisher's site.

"In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment." -- Publisher's site.

"In a frank, confessional, and deeply moving book that stands comparison to Arthur Koestler’s Cold War classic Darkness at Noon, Judge rips the mask from the new American Stasi. Using pop culture, politics, the story of his friendship with Kavanaugh, and the fun, wild, and misunderstood 1980s, Judge celebrates sex, art, and freedom while issuing a timely warning to the rest of us about our own endangered freedoms." -- Publisher's site.

"Discrimination and Disparities gathers a wide array of empirical evidence to challenge the idea that different economic outcomes can be explained by any one factor, be it discrimination, exploitation, or genetics. This revised and enlarged edition also analyzes the human consequences of the prevailing social vision of these disparities and the policies based on that vision--from educational disasters to widespread crime and violence." -- Publisher's site.

"Entertaining, enlightening, and utterly feminist, The Divorce Colony is a rich, deeply researched tapestry of social history and human drama that reads like a novel. Amidst salacious newspaper headlines, juicy court documents, and high-profile cameos from the era's most well-known players, this story lays bare the journey of the turn-of-the-century socialites who took their lives into their own hands and reshaped the country's attitudes about marriage and divorce." -- Publisher's site.

"With roots in molecular biology and genetics, DNA fingerprinting was first described in 1985 and soon after, found itself in courts of law. DNA typing has been used in criminal and civil trials, convicting the guilty and, in more recent years, exonerating innocent persons. And in all the years in between, DNA technologies have been introduced, researched and validated, become increasingly automated and miniaturized, with improvements in both efficiency and sensitivity. In response to the ever-evolving state of forensic DNA analysis and legal complexities, the authors have put together critical references in one resource, including federal and state statutes and regulations, digests, encyclopedias, legal and scientific articles, and practice books. With an audience of professionals in the legal system, law enforcement, and forensic science in mind, it is the sincere hope of the authors that the references presented in this bibliography are used to promote training and understanding of DNA in the forensic science and legal context. This bibliography follows previous bibliographies with citations to both primary and secondary sources. We have included both scientific and legal sources for the readers of this bibliography." -- Publisher site.

"A Dream of Justice is Colorado state senator and former teacher Pat Pascoe’s firsthand account of the decades-long fight to desegregate Denver’s public schools. Drawing on oral histories and interviews with members of the legal community, parents, and students, as well as extensive institutional records, Pascoe offers a compelling social history of Keyes v. School District No. 1 (Denver)." -- Publisher's site.

"Employment Law, Fifth Edition examines the most dynamic topics in employment law, from employee status and contract formation to termination and post-termination issues. The text introduces students to major issues and problems in labor policy and the practice of employment law, moving from one practical or policy area to the next, recalling and expanding students’ understanding of basic legal principles in particular contexts, and introducing laws specially designed for the protection of employees and other individual workers." -- Publisher's site.

"This Very Short Introduction provides an overview of the main kinds of employment rights and labor laws found in many countries. It unpicks and evaluates some of the assumptions underpinning contemporary attitudes to such rights and laws in order to measure whether they are warranted. Throughout it also considers the economic, political, sociological, and social justifications for employment rights and laws." -- Publisher's site.

"This title provides the first book-length examination of the history of the Clause and its potential for tempering the punitive impulses of modern American legislatures. Wayne A. Logan chronicles and critiques the evolving treatment of ex post facto claims by the Supreme Court, which has created a body of law that is both at odds with the Framers' intent and ill-suited to the unforgiving and harshly punitive nation that America has become. Drawing on Framing Era history, seminal Supreme Court decisions, and the global embrace of the values underlying the Ex Post Facto Clause, Logan provides a blueprint for how the Clause can play a reinvigorated and more robust role in guarding against the penal populism besetting modern American legislatures." -- Publisher's site.

"Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937." -- Publisher's site.

"'Is it possible to be both a judge and a feminist?' Feminist Judgments: Rewritten Criminal Law Opinions answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defenses to the death penalty. Right now, one in three Americans has a criminal record, mass incarceration and over-criminalization are the norm, and our jails cycle through about ten million people each year. At the same time, sexual assaults are rarely prosecuted at all, domestic violence remains pervasive, and the distribution of punishment, and by extension justice, seems not only raced and classed, but also gendered. We have had #MeToo campaigns and #SayHerName campaigns, and yet not enough has changed. How might all of justice look different through a feminist lens. This book answers that question." -- Publisher's site.

"In this powerful and insightful book, Andrea D. Lyon explicates what is wrong with the criminal justice system through clients’ stories and historical perspective, and makes the compelling case for the need for reform at the center of the system; not just its edges. Lyon, suggests that we should create an office of the Defender General of the United States and give it the same level of importance as the Attorney General and the Solicitor General. Such an office would not be held by someone who represents law enforcement, or corporate America, but rather by someone who represents and advocates for accused individuals, collectively before the powers that be. A Defender General would raise his or her voice against injustices like those involving the unnecessary killings of George Floyd and Breonna Taylor, or the Texas Supreme Court’s refusal to let an innocent man, cleared by DNA, out of prison. The United States needs a Defender General." -- Publisher's site.

"Get Trump warns that regardless of whether this anti-democratic effort to stop Trump from running succeeds or fails, it is likely to create dangerous precedents that will lie around like loaded weapons ready to be deployed against other controversial candidates, officials, or citizens about whom it can be argued that the danger they pose 'is different.'" -- Publisher's site.

"In a spate of anxious dread and gleeful power-grabbing, our health overlords threw away the pandemic response handbook and tried—beyond all reason—to protect, well, everyone. From massive over-testing to universal retail plexiglass to stay-at-home orders to stay-away-from-school orders to masking mandates to vaccine mandates to some of the worst restrictions on civil liberties in American history, this is an epic story that poses big questions about America’s future as a free society." -- Publisher's site.

"In gripping detail built from exclusive interviews and original documents, Heart of Atlanta reveals the saga of the case’s rise to the US Supreme Court, which unanimously rejected the segregationists. Heart of Atlanta restores the legal cases and their heroes to their proper place in history." -- Publisher's site.

"Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public." -- Publisher's site.

"Kevin R. C. Gutzman’s The Jeffersonians is a complete chronicle of the men, known as The Virginia Dynasty, who served as president from 1801 to 1825 and implemented the foreign policy, domestic, and constitutional agenda of the radical wing of the American Revolution, setting guideposts for later American liberals to follow." -- Publisher's site.

"This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law.
Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in several disciplines (e.g., law, ethics, sociology, politics, and public administration) and those who may find themselves confronted with AI in the course of their work, particularly people working within the legal domain." -- Publisher's site.

"In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection." -- Publisher's site.

"Law School Exams: A Guide to Better Grades, third edition is the complete handbook for students seeking to improve their performance in law school. This book offers a concise and practical strategy that can be applied to almost any law school exam, regardless of topic or level. Alex Schimel is a Lecturer-in-Law at the University of Miami and a leading expert on law school academic success. The new edition offers unique insights by reducing the exam format to a series of repeatable steps. It also teaches students how to 'prepare for exams, instead of preparing for class,' with proven time-management and outlining techniques." -- Publisher's site.

"Education is in bad shape in America and beyond today. It’s obvious. Everyone perceives it. Something is going badly wrong in our schools. Our children aren’t learning as they should be. Their mastery of core academic curriculum like reading, writing, history, mathematics, science, and civics has declined to crisis levels and shows no signs of improvement. Meanwhile, they’re all learning to be activists, turning their backs on their nations, societies, and even their parents and religions. Instead of correcting course, school curricula keep veering into “social and emotional learning (SEL),” Critical Race Theory, cultural competence, culturally relevant education, Queer Theory, Radical Gender Theory, Comprehensive Sexuality Education, decolonizing the curriculum, and even drag queens. What’s going on? The answer is simple. Their education has been stolen from them. Activists have spent the last forty to fifty years taking over education and transforming it into something different: not mere indoctrination but brainwashing. The transformation of education from education to neo-Marxist thought reform follows significantly from the work of a Brazilian Marxist by the name of Paulo Freire, who is little-known outside of South America and colleges of education. In this book, The Marxification of Education, James Lindsay, founder of New Discourses, breaks down the contents and impact of Freire’s disastrous work so that you can understand it and, hopefully, put a stop to it." -- Publisher's site.

"Take the fear and mystery out of your deposition. Nolo’s Deposition Handbook is a must-read for anyone taking, defending, or facing a deposition. You’ll find all the information and instructions you need, whether or not a lawyer is representing you. Packed with concrete suggestions and examples, this book explains how to arrange a convenient date, prepare for the deposition, and respond to questions with confidence. Best of all, you’ll learn the three 'golden rules' for answering questions, and the trick questions lawyers often use to influence testimony. " -- Publisher's site.

"Drawing on interviews with RBG herself and those who knew her, as well as extensive knowledge of the cases themselves, Philippa Strum has provided a legal history of Ginsburg's landmark litigation on behalf of women’s rights and gender equality. Those cases changed the meaning of the Fourteenth Amendment and, along with two Supreme Court cases of the 1980s and 1990s (Mississippi v. Hogan and U.S. v. Virginia), remain the foundation of constitutional gender jurisprudence today. On Account of Sex shows why RBG became the rock star of the legal world and gives readers an accessible guide to these widely forgotten but momentous decisions." -- Publisher's site.

"For most of American history, public opinion was strongly opposed to gay rights. Marriage equality had negligible public support throughout the 1970s-1980s. Yet, starting in the 1990s, American opinion toward marriage equality changed more than any other attitude in the history of American public opinion. In Rainbow after the Storm, Michael J. Rosenfeld explains how attitudes toward marriage equality changed so much, and how public opinion change drove change at the ballot box and in the courts. As Rosenfeld shows, in three crucial same-sex marriage trials, the supporters and opponents of marriage equality faced off. Rosenfeld describes the struggles of the same-sex couples who, with few resources at their disposal, and against formidable state and religious opponents, sued for the right to marry and eventually won. The first comprehensive analysis of the marriage equality movement in the U.S., The Rainbow after the Storm tells the stories of key individuals, the court battles, and the
society-wide explanations for the rapid liberalization of attitudes toward gay rights that made same-sex marriage the law of the U.S. sooner than almost anyone thought was possible." -- Publisher's site.

"Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses." -- Publisher's site.

"Reparations for Slavery in International Law examines the case for contemporary redress for the harms and legacies of transatlantic enslavement from a legal perspective. The book critically evaluates the history of transatlantic enslavement as well as the evolutions in international law that justified and perpetuated the exploitation of African peoples and people of African descent. It offers an analysis of the requirements of state responsibility, assessing the impact of time on claims for redress for historic injustices. A new theory of reparatory justice is proposed, which is responsive to both the underpinning principles and the modalities of redress in international law. This book considers the emerging practice of reparations in transitional justice and the relevance of these frameworks in cases of widespread historic injustice, while upending orthodox understandings of the international legal frameworks relevant to case for reparations. In so doing, it opens new space for the reconsideration not only of the international legal claim for reparations for slavery, but also the moral and political case." -- Publisher's site.

"Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice." -- Publisher's site.

"Intended for students, scholars, public officials, and the general public, Rivals for Power offers an accessible and engaging analysis of executive and legislative rivalry across a span of eras, with particular attention to developments from the Obama, Trump, and Biden presidencies." -- Publisher's site.

"Tax and Time sheds light on two of the most misunderstood universal human experiences: time and taxes. Anthony C. Infanti asserts that time in tax law is the product of pure imagination and calls into question the world beyond time that we have created for ourselves. Written with clarity and powerful insight, Tax and Time demonstrates how the tax laws have been used to imaginatively manipulate time in ways that perpetuate economic and social injustice. With its social justice focus, the book brings a sorely needed critical perspective to technical tax policy discussions. Infanti calls for a systematic reexamination and reworking of the relationship between time and tax law, asserting that the power of the legal imagination to manipulate time in tax law can both correct past injustices and help us to envision―and actually work toward―a better and more just society." -- Publisher's site.

"The Unusual Story of the Pocket Veto Case explores the underlying tension between congressional authority and the executive prerogative. Especially today, with such tension very much in evidence, it becomes all the more important to understand how and why the Constitution actually appears to encourage it. Studying Okanogan et al. v. United States and use of the pocket veto provides an excellent example of the tension between Congress and the president." -- Publisher's site.

"A limited liability company can give your small business both tax benefits and protection from personal liability for business debts. But without careful record keeping, regular meetings, and formal minutes, you could lose these advantages. Your Limited Liability Company provides all the instructions and forms you need to maintain the legal validity of your LLC." -- Publisher's site.