Recent Acquisitions at the Marquette Law Library

"Harper torchbooks.""The Academy library, TB1150."First published in 1940 with the title: Freedom of thought in the Old South. Includes bibliographical references and index

Contents: Slavery and abolition : the backgrounds -- The "great petition strategy" and the use of the mails -- Abolitionism and academic freedom -- Abolitionism and freedom of the press -- The day of the mob -- Abolitionism, the constitution, and natural liberties -- Workmen and runaways -- The great slave power conspiracy -- A final estimate

"Nowadays, we all tend to complain about bureaucracy, if only because it touches our daily lives, sometimes in frustrating ways. This book examines the gradual emergence of American public administration. As a history of American bureaucracy, it focuses on key and pivotal events in its evolution and development. Chapters highlight major issues and controversies including the anti-democratic origins of the field, Congressional hostility to the bureaucracy, if appointed city managers should be subject to recall by voters, early limits on the role of women, and the establishment of a membership association for practitioners and academics alike - an unusual feature in the American professional world. This book will appeal to university students, university faculty members, and academic libraries interested in American government and US history. The subject is at the intersection of several academic disciplines, including public administration, American history, political science, public management, management history, and organization theory." -- back cover

"The ambitious goal of these Principles is to 'study, identify, and collate the existing and potential legal rules applicable to transactions in data as an asset and as a tradeable item and assess the 'fit' of those rules with these transactions.' In the interest of manageability, however, we agreed not to expand our inquiry into areas such as the regulation of data privacy or intellectual property rights relating to data"--Foreword

"This book calls for a single industry regulatory agency to promote competition, privacy and free speech in digital industries"-- Provided by publisher

"This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices. Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Australian indigenous music, Maori music and many others." -- back cover

"This book provides a socio-legal analysis of the public participation of children in climate change matters, whilst developing a range of tools through which their participation can be increased. Climate change affects young people in many ways: causing severe threats to child survival, health and wellbeing, food security and nutrition, and access to education. But this book maintains that children and youth are not to be identified solely with their vulnerability to climate change. They are also key stakeholders in the sustainable implementation of long-term climate change policies, and their inclusion in decision-making processes is a measure of intergenerational equity. Children's rights law is vague about the right to public participation or the environmental rights of children as such. In response, this book examines the often-informal network of pathways through which the public participation of children takes place: from high level conferences and governance structures to grassroots youth movements and climate change litigation. Exploring the difficulties, but also the opportunities and aspirations of children as citizens challenging the current climate change regime, the book proposes legal and policy tools for children's participation in global climate change governance, as it outlines a concept of children's climate citizenship. This book will appeal to scholars in the areas of sociolegal studies, environmental and climate change law, children's rights and social movements, as well as policy makers and young people with interests in climate activism"-- Provided by publisher

"The Elgar Concise Encyclopedia of Aviation Law provides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions. The Encyclopedia provides a state-of-the-art review of over 130 topics, addressing recent developments as well as current trends and perspectives. Entries include, but are not limited to, in-depth examinations of the basic concepts of international and European aviation law, safety regulation, protection of the environment, management of and competition in the air transport market, the role of stakeholders (including the United States, the European Union, airports, and air traffic controllers), the operation of drones and state aircraft, criminal acts affecting aviation, as well as discussions pertaining to the liability of stakeholders for the compensation of damages. The Encyclopedia delivers high-level analyses on aviation-related topics whilst remaining accessible to academic scholars, researchers, and professionals working in the area. The Encyclopedia is a rich and authoritative reference point for all scholars, students, legal practitioners, and industry professionals connected with this rapidly developing and fascinating sector. Key Features A pioneering Encyclopedia highlighting recent developments and key topics in the field Over 130 entries written by leading scholars and practitioners Comprehensive coverage of the origins, evolution of, and future trends in aviation law"-- Provided by publisher

"This critical book assesses the current trade policy challenges facing the US and offers a series of recommendations which, if implemented, have the potential to improve both US domestic trade policy and international foreign policy. Focusing on the reform of the WTO, the implementation of the United States-Mexico-Canada Agreement and the continuing rivalry between the US and China, The Future of Trade crucially advances the ongoing dialogue between US governments and stakeholders. This timely analysis proposes a clear, dynamic and comprehensive series of recommendations through an interdisciplinary approach analysing law, economics and public policy in relation to the US home economy and its position in the global economic order. Chapters propose key suggestions, including rebuilding support for an open trading system; fostering integration between the United States, Canada and Mexico; and a restructuring of the WTO to create an equal system for all members. As many world powers retreat from globalisation, David A. Gantz and Tony Payan argue that the US faces long-term challenges which will require effective non-controversial policy at both a national and international level. An invaluable resource for public policy, law, and politics scholars, particularly those focusing on trade policy, this comprehensive book will also be of crucial benefit to US government officials in trade bureaucracy, foreign officials, and members of State and Congress in the department of trade"-- Provided by publisher

"From Treason to Runaway Slaves provides case studies of high-profile trials from the early Republic examined in terms of the period's history, law, and culture. It focuses on a historical period and place crucial to identity formation in the new nation and the survival of the U.S. as a democratic experiment"-- Provided by publisher

"Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in disability law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and those looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws as they relate to the controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law and suggests ways of thinking about unresolved questions and debates over legal policy. The fourth edition adds new information on every important topic. It includes thorough discussion of the Supreme Court's Cummings v. Premier Rehab Keller ruling about emotional distress damages in ADA, Section 504, and ACA cases, as well as the Perez v. Sturgis Public Schools decision concerning exhaustion of administrative remedies in special education cases. It provides new sources on the intersection of race and disability and on accommodations in family unification services for parents with disabilities. Coverage remains as comprehensive and detailed as before and includes: Constitutional law bearing on disability discrimination; The controversy over who is a person with a disability for purposes of federal statutes; Employment discrimination rights and remedies; Educational discrimination, including special education law and higher education for students with disabilities; Discrimination in public accommodations; Discrimination by federal, state, and local governments; and Disability discrimination related to housing, transportation, and telecommunications"-- Provided by publisher

Contents: Introduction -- Historical developments -- Organizational framework in Internet governance -- Philosophical and sociological environment -- Discussion topics of Internet governance -- Regulatory issues -- Concluding observations

Contents: Introduction -- Case selection, advising the client, and litigation strategy -- Dismissal before reaching the merits -- Proof of the merits of the collector's claims -- Defenses and counterclaims -- Creditors' recovery of attorney fees, collection expenses, postjudgment interest -- Defending military personnel in collection actions -- Criminal and civil collection of dishonored checks -- Medical debt -- Federal administrative agency collections -- Criminal justice debt -- Other special collection actions -- Challenging the collector's judgment -- Enforcement of judgments : general principles and constitutional issues -- Protecting debtors' wages, benefits, other income, and bank accounts -- Protecting the debtor's home, tangible personal property, and other assets -- Debtor's examinations and imprisonment for debt -- Prevailing consumers' postjudgment actions -- Appendix A: Selected provisions of the servicemembers civil relief act -- Appendix B: Selected medical debt provisions regarding the Patient Protection and Affordable Care Act -- Appendix C: Selected provisions governing collection of debts owed to federal government -- Appendix D: Federal wage garnishment statute and regulations -- Appendix E: Treasury rule protecting electronically deposited exempt federal benefits -- Appendix F: Selected federal exemption provisions -- Appendix G: Federal trade commission credit practices rule -- Appendix H: Summaries of state exemption laws

"[This Guidebook] is intended to assist directors of investment companies registered under the Investment Company Act of 1940 (the "1940 Act") in fulfilling their responsibilities. The Guidebook should be useful to directors of mutual funds, exchange-traded funds and closed-end funds." -- Foreword

"We live in an age of extreme corporate concentration, in which global industries are controlled by just a few giant firms -- big banks, big pharma, and big tech, just to name a few. But concern over what Louis Brandeis called the 'curse of bigness' can no longer remain the province of specialist lawyers and economists, for it has spilled over into policy and politics, even threatening democracy itself. History suggests that tolerance of inequality and failing to control excessive corporate power may prompt the rise of populism, nationalism, extremist politicians, and fascist regimes. In short, as Wu warns, we are in grave danger of repeating the signature errors of the twentieth century"--Publisher's description

"This book is intended to address a wide variety of substantive and procedural issues that arise in litigation under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1001 et seq. (ERISA)" -- Provided by publisher

"[This book] brings to life the chilling ways in which women have become the targets of secretive state surveillance of their pregnancies. Michele Goodwin expands the reproductive health and rights debate beyond abortion to include how legislators increasingly turn to criminalizing women for miscarriages, stillbirths, and threatening the health of their pregnancies. The horrific results include women giving birth while shackled in leg irons, in solitary confinement, and even delivering in prison toilets. In some states, pregnancy has become a bargaining chip with prosecutors offering reduced sentences in exchange for women agreeing to be sterilized. The author shows how prosecutors may abuse laws and infringe women's rights in the process, sometimes with the complicity of medical providers who disclose private patient information to law enforcement. Often the women most affected are poor and of color. This timely book brings to light how the unrestrained efforts to punish and police women's bodies have led to the United States being the deadliest country in the developed world to be pregnant"-- Publisher's website

"Questions and Answers: Health Law is the perfect supplement to help you better understand what you are learning in health law and bioethics. Part of the well-known Questions and Answers series, this indispensable study guide will aid in the mastery of a wide range of topics, spanning from fraud and abuse to public health, hospital governance to human subject research, antitrust to medical aid in dying, and beyond. It offers questions regarding the Affordable Care Act, the Employee Retirement Income Security Act (ERISA), and recent Supreme Court cases. In total, this study aid features over 250 multiple-choice and short-answer questions, arranged by topic for easy use. The text includes detailed answers to each of the questions, highlighting not only the correct answer but also the reasoning as to why the other responses are not correct, so that you develop a more complete understanding. Students buying this book will finally be able to test their health law knowledge in a multiple-choice format. By applying concepts as you learn, this supplement will enable you to prepare more effectively for class, gain a competitive advantage on exams, and become more practice-ready"-- Provided by publisher

"In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in 2008, known as District of Columbia v. Heller, was the first time the Court declared a firearms restriction unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago. And in 2022 the Court radicalized its position even further in New York State Rifle and Pistol Association v. Bruen-a decision whose far-reaching implications are still being worked out. The Advantage of Being Armed tells the complex legal history of "the right of the people to keep and bear arms," from the Framers to the curious Miller decision in 1939 to the recent debates over the individualist interpretation of the Second Amendment and its incorporation. Robert J. Cottrol and Brannon P. Denning approach the story through the lens of the Black tradition of armed self-defense, arguing that gun control has historically been a way of controlling populations deemed dangerous and threatening-including ethnic minorities, immigrants, enslaved laborers, and impoverished populations. The 39th Congress that passed the Fourteenth Amendment to the Constitution was persuaded by southern efforts to disarm freedmen that they needed to apply the Bill of Rights to the states. While the Supreme Court initially sought to maintain the antebellum social order, Cottrol and Denning show how the legal establishment changed their minds, paving the way for the Court to eventually get it right"-- Provided by publisher

"Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts' misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or "states' rights," provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments." -- Back cover

"In 1869, in Texas v White, the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible states." This meant that once a state became part of the Union, "[t]here was no place for reconsideration, or revocation, except through revolution, or through consent of the states." In this iconoclastic work, Peter Radan demonstrates why the court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate States were lawful on the grounds that the United States was forged as a "Slaveholders' Union." Creating a more perfect Slaveholders' Union deals with two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. The two matters came together when the states seceded on the grounds that the system of government the Confederate States had agreed to-namely, a system of human enslavement-had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan shows, in the compact theory of the Constitution, which held that, because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate States sought to preserve and protect their peculiar institution by forming a more perfect Slaveholders' Union"-- Provided by publisher

"Scott Douglas Gerber reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. An important contribution to the history of colonial America and religious liberty, this work will interest scholars of history, political science, and the law of religious freedom"-- Provided by publisher

"The Internal Revenue Code provisions relating to the historic tax credit are complex and present many traps for the unwary. This book will help owners, investors, syndicators, lenders, and their advisors navigate the technical provisions to structure a project that will comply with the IRS guidelines and appliable judicial decisions." -- back cover

"A picture book biography of Supreme Court Justice Ruth Bader Ginsburg"-- Provided by publisher

"This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further. Finally, they also treat thoroughly the most recent developments in personal jurisdiction and electronic discovery, among the most dynamic topics in modern procedure. The resulting treatise will be useful to law students as a supplement to their civil procedure coursework, and to practitioners as a quick reference and refresher to procedural issues that arise in litigation"-- Provided by publisher

"This survey was prepared by attorneys in the various states, under the auspices of the American Bar Association's Litigation Section Class Actions and Derivative Suits Subcommittee on State Laws, co-chaired by Fabrice Vincent and Dennis Egan." -- Preface

Contents: Opening the estate -- Preparing the personal representatives for the job -- Managing the estate : valuations, spousal share, and more -- Addressing creditor claims -- Post-mortem tax planning, distributions, and trust administration -- Handling estate closing, final accounting, and tax returns -- Maintaining an ethical practice -- Resolving disputes and navigating probate litigation

Contents: Judges' expectations for written submissions : motions, memos, pleadings, briefs -- Scheduling hearings and ex parte communications -- Discovery matters and opposing counsel cooperations -- Voir dire, jury selections, and juror communication -- Court technology and remote hearings -- Trial arguments, oral advocacy, court etiquette -- Witness examination dos and don'ts -- Evidence and objections