Recent Acquisitions at the Marquette Law Library

"Sister Helen Prejean's stirring spiritual journey is less widely known than her work as the nation's foremost leader in efforts to abolish the death penalty and as an activist nun. In her fiercely honest and moving account of her formative years, Sister Helen tells of an awakening that shattered her insulated life as a nun. In inner-city New Orleans of the 1980s, she learned about her neighbors' daily struggle against racism and recognized her own white privilege. This awakening catapulted her into her abolitionist mission and toward a faith that fuels and sustains her work for human rights to this day. Along the way, she navigated close friendships, including one with a priest intent on marrying her, who challenged her vocation in 'the new territory of the heart.' Written in lighthearted, luminous prose, River of Fire captures how one woman, set on a life of prayer and teaching, was summoned from passive obedience and dreamy ideas of a better world to fierce intellectual critique of society. Sister Helen's story will galvanize those who are likewise seeking to lead a passionate and spiritual life that is wide awake to the struggles and creative opportunities of our world." -- From back cover

The Nation of Islam's Secret Relationship between Blacks and Jews has been called one of the most serious anti-Semitic manuscripts published in years. This work of so-called scholars received great celebrity from individuals like Louis Farrakhan, Leonard Jeffries, and Khalid Abdul Muhammed who used the document to claim that Jews dominated both transatlantic and antebellum South slave trades. As Saul Friedman definitively documents in Jews and the American Slave Trade, historical evidence suggests that Jews played a minimal role in the transatlantic, South American, Caribbean, and antebellum slave trades

This collection of 80 dramatic firsthand writings by Frederick Douglass, Ida B. Wells, and others brings to life the struggle for racial justice from the Civil War to World War. A vital resource for the teaching of the history of race in America that traces the ascendency of white supremacy after Reconstruction--and the outspoken resistance to it led by Black Americans and their allies. W.E.B. Du Bois famously identified "the problem of the color-line" as the defining issue in American life. The powerful writings gathered here reveal the many ways Americans, Black and white, fought against white supremacist efforts to police the color line, envisioning a better America in the face of disenfranchisement, segregation, and widespread lynching, mob violence, and police brutality

"In this succinct dual biography, Laura Chmielewski demonstrates how the lives of two French explorers Jacques Marquette, a Jesuit missionary, and Louis Jolliet, a fur trapper reveal the diverse world of early America. Following the explorers' epic journey through the center of the American continent, Jacques Marquette and Louis Jolliet combines a story of discovery and encounter with the insights derived from recent historical scholarship. The story provides perspective on the different methods and goals of colonization and the role of Native Americans as active participants in this complex and uneven process." -- frontmatter

"In a world marked by extreme divisions--from global conflicts to grave human rights violations--public figures struggle to find words that capture humanity's inclination to fracture itself. Throughout history, humanity has been plagued by unspeakable horrors like slavery, colonialism, the Holocaust, rampant refugee crises, femicide, and state brutality, all rooted in the belief in an irreconcilable "other." We yearn for a language that is capacious enough to make sense of all kinds of oppressions--whether tied to religion, ethnicity, ancestry, sexual orientation, ability, or gender. Terms like tribalism, prejudice, stigma, and caste have all been used to ignite change. They all, however, fall short. Belonging without Othering is a profound exploration arguing that the struggles faced by marginalized groups can only be fully grasped through the lenses of othering and belonging. Social justice lion and scholar john a. powell, and acclaimed researcher Stephen Menendian, the main champions of these ideas, unearth the mechanisms of othering, drawing on examples from around the world and throughout history. In a time when diversity, equity, and inclusion initiatives are being contested, and activists narrowly concentrate on specific and sometimes conflicting communities, this book offers an approach that encourages us to turn toward one another--even if it involves questioning seemingly tolerant and benevolent forms of othering. Crucially, the authors assert that there's no inherent or inevitable notion of an "other." The authors make a compelling case for a true "belongingness paradigm," one that liberates us from rigid self-concepts while celebrating our rich diversity. This paradigm hinges on transitioning from narrow to expansive identities that bind people together in unprecedented ways. As the threat of authoritarianism grows across the globe, powell and Menendian make the case that belonging without othering is the natural but not the inevitable next step of our long journey toward creating truly equitable democracies"-- Provided by publisher

"[This book] offers us the fresh breeze of possibility in a justice and treatment process often inundated with the smog of 'nothing works.' The contributions in this volume incorporate such themes as social inclusion, compassion, transformation, restoration and the spiritual dimension while working within a variety of criminology and criminal justice contexts including victimization, domestic violence, offender rehabilitation/reentry, therapeutic jurisprudence and addiction recovery." -- Foreword

Contents: Two approaches to promote justice for victims of crime and where they meet -- Restorative justice implemented : the Canadian and Belgian case -- The restorative procedure valued irrespective of its outcome -- Finding a voice and entering into a dialogue -- Meeting diverse motives -- The role of the restorative approach before and after judicial adjudication

"Sister Helen Prejean traces the historical underpinnings of executions in this country, demonstrating that it is no accident that over 80 percent of executions in the past twenty-five years have been carried out in the former slave states. She also raises profound constitutional questions about an appeals system that decides most death cases on procedural grounds without ever examining their merits." "To date, well over one hundred wrongfully convicted persons have been freed from death row. If constitutional protections - due process, assistance of counsel, and equal justice under law - are truly being respected, how is it possible that these people were convicted in the first place? And how can we accept a system so rife with error?"--Jacket

"In 1982, Sister Helen Prejean became the spiritual advisor to Patrick Sonnier, the convicted killer of two teenagers who was sentenced to die in the electric chair of Louisiana's Angola State Prison. In the months before Sonnier's death, the Roman Catholic nun came to know a man who was as terrified as he had once been terrifying. She also came to know the families of the victims and the men whose job it was to execute--men who often harbored doubts about the rightness of what they were doing. Out of that dreadful intimacy comes a profoundly moving spiritual journey through our system of capital punishment. Here Sister Helen confronts both the plight of the condemned and the rage of the bereaved, the fears of a society shattered by violence and the Christian imperative of love. On its original publication in 1993, Dead Man Walking emerged as an unprecedented look at the human consequences of the death penalty. Now, some two decades later, this story--which has inspired a film, a stage play, an opera and a musical album--is more gut-wrenching than ever, stirring deep and life-changing reflection in all who encounter it"--Amazon.com

"This work identifies our two-party, comparatively non-representative form of democracy as the main culprit of why American politics are so dysfunctional-and shows us how to fix it"-- Provided by publisher

"Employing rigorous analysis and systematic data, this volume shows how the electoral college violates democratic principles and does not provide the benefits its advocates claim. With a new chapter addressing the 2020 election, this remains the definitive book on the unique American election system- and why that system should change"-- Provided by publisher

"Timed to the start of the first trial in March 2024, this essential volume collects the four unprecedented indictments against Donald Trump and features extensive commentary by NYU law professors and MSNBC contributors Melissa Murray and Andrew Weissmann. In the long span of American history, Donald Trump is the first former president to face criminal indictment. He is the subject of a series of explosive charges across four cases: the January 6 case brought by Special Counsel Jack Smith; the election interference case in Georgia; the classified documents case also brought by Special Counsel Jack Smith; and the "hush money" case in New York"-- Provided by publisher

"This book offers a timely understanding of the history of the Democratic and Republican Parties and their adaptability, endurance, and importance in presidential elections. Taking the reader from the beginnings of parties as caucuses of members of the First Congress meeting in 1789 through November 2020's presidential election, it provides a fascinating historical account of the debates, events, and personalities behind the beginnings of the nation's political parties. This includes the importance of national party nominating conventions in the nineteenth century, the growing importance of primary elections in nominations beginning in the early twentieth century, and the changes of campaigning for presidential candidates as they started to travel across the United States for the first time beginning in the early twentieth century. The book tells the story of the beginnings of nationally televised presidential debates and any number of other changes in the era of broadcasting and now digital platforms for presidential elections in the twenty-first century. It finishes with a look at political dynamics since the November 2020 election and a study of negative partisanship to define how campaigning for the White House works today."--Back cover

"Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law. Featuring meritorious contributions from eminent scholars, the Research Handbook navigates the two different yet interconnected currents of legal evolution. Chapters first offer a reflective study of the history of legal systems, concepts and doctrines which sets out the regularities, mechanisms, and patterns in the process of transformations that such systems, concepts and doctrines undergo. It moves on to explore various legal problems through the prism of evolutionary anthropology which rests on the assumption that evolutionary biology and psychology provide valuable insights into human nature. Both stimulating and authoritative, the Research Handbook on Legal Evolution is an indispensable read for researchers, academics and students in law, legal philosophy and theory, and political philosophy"-- Provided by publisher

"Because lawyers increasingly bring brain science into courtrooms and policy discussions, this book provides a user-friendly introduction. It begins with a survey of the kinds of litigation, legislation and regulation where neuroscience is currently being used. It continues with accessible descriptions of basic brain anatomy and brain function. It then provides an overview of how modern technologies can reveal the brain structures and brain functions of individuals. It finishes with cautions and limitations, and with a speculative peek into where the future of neurolaw might lead. Throughout, the authors offer guidance on understanding both the promise and the limitations of using brain science in law and policymaking"-- Provided by publisher

"This handbook intends to offer a comprehensive and authoritative overview of the human rights implications of emerging technologies in the fields of life sciences and information and communication technologies (ICT). To this end, the volume brings together leading experts whose expertise encompasses several disciplinary domains (law, ethics, technology, basic science, medicine, business, etc.) with purposes of gathering extensive multidisciplinary knowledge about the evolutive transformation of the human rights framework in response to technological innovation. In particular, the aim of this volume is threefold. First, it aims to provide a comprehensive state-of-the-art report on emerging technologies that are likely to transform the human rights framework in the upcoming decades. Second, this collection of essays aims to raise awareness of the ethically and legally appropriate implementation of these technologies and to identify possible critical issues that arise or might arise in the context of their application. Third, and ultimately, the volume intends to contribute to the development of a robust, inclusive, and anticipatory human rights framework that can guide global societies across the ongoing digital transformation. In doing so, special attention is devoted to promoting policies and regulatory frameworks that foster the inalienable rights of individuals and the prevention of potential inappropriate uses or abuses of emerging technologies"-- Provided by publisher

"This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection." -- Back of cover

"The book explores the substantive reasons that contribute to a picture of what's at stake for individuals when we use statistical algorithms to make decisions about how to treat others, and makes robust policy recommendations about the scope and nature of human-algorithm interaction. Artificial Justice is a compelling and accessible text, which offers a great deal to a wide and interdisciplinary audience of academics, students, and those otherwise interested in learning about algorithmic justice." -- publisher's website

"Can we regulate something that doesn't exist yet? Can Europe create its own Silicon Valley? Who gets to create technological value in today's world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data? This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law -- both where it is too broadly formulated and where it is too prescriptive. How can the population's creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity? Answers are sought in the processes that came into being during the early years of the digital revolution and were then forced to take a back seat as control of the means of production was increasingly placed in the hands of tech companies. The findings and insights presented here are highly relevant for today's digital policymaking. Market concentration processes in innovation haven't ceased; they are ongoing. And in an age where data-driven services are creating and reinforcing global oligopolies, the question posed by the U.S. Supreme Court in Google v. Oracle is now more relevant than ever: who should hold the keys to digital innovation?" -- back cover

"Klaudia Majcher is an Assistant Professor at the Vienna University of Economics and Business (Research Group on Competition and Digitalization). She is also as a Senior Associate Fellow at the Free University of Brussels (Brussels School of Governance), where in 2020 she obtained her doctoral degree for the dissertation on coherence between EU data protection and competition law. She conducted parts of her research at the Fordham Law School in New York. Between 2018 and 2020, Klaudia worked as a Digital Policy Analyst at the European Policy Strategic Centre, the Brussels-based in-house think-tank of the President of the European Commission. In 2013, Klaudia received her LL.M. degree in European Law from the University of Leiden"-- Provided by publisher

"As the Internet increasingly affects how we live and work, the challenges posed by borderless cybersecurity threats remain largely unaddressed. This book examines cybersecurity challenges, governance responses to them, and their limitations, engaging an interdisciplinary approach combining legal and international relations disciplines"-- Provided by publisher

"This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. Bringing together diverse, expert contributors, this contemporary Research Handbook covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives. Building on case studies from a multitude of countries, astute authors tackle significant issues related to surrogacy in their legal context, as well as their theoretical, cultural and political complexities. The Research Handbook on Surrogacy and the Law will be a crucial resource for scholars and students specialising in family law, as well as those interested in human rights law, health law, social science and social policy. Highlighting avenues for future research and legislation, it will also be beneficial to legal practitioners and national and international policymakers in the field"-- Provided by publisher

"This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a deep understanding of the current problems of unjust enrichment at the furthest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two." -- back cover

"This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspectives. Contributions from a diverse range of leading international scholars offer and overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda. The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors - including textiles, electronics, agro-chemical, construction, and finance - to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses. Scholars of law, regulatory governance, global governance, management, human rights and social sciences who are interested in gaining a deeper understanding of the emerging business and human rights regime will find this Research Handbook a crucial read. It will also prove a useful and thorough introduction for students, scholars and practitioners new to the field of business and human rights"--Back cover

"The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and marine genetic resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical - are these areas beyond nation States' jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigates this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators"-- Provided by publisher

"Russia's 2022 invasion of Ukraine administered an unprecedented shock to the European and global energy markets, triggering emergency interventions and market reforms to limit the impact of the crisis on energy prices and supply security. More fundamentally, the supply shock sparked a profound reappraisal of foreign supply and infrastructure dependencies (for example, on China), leading states to adopt new legal initiatives to strengthen the resilience of their clean energy supply chains. Energy geopolitics and supply security are now firmly back at the centre of global energy policy, and in this new geopolitical reality we critically need to reassess the role of energy law in the creation - and avoidance - of dangerous energy dependencies. Using the 2022 energy crisis as core example, Energy Dependence and Supply Security offers a legal analysis of energy trade and investment as a tool of geopolitical power, an issue seldom considered outside of economic statecraft and energy geopolitics. Anatole Boute's timely analysis illustrates the paradox of energy law and security: legal instruments of energy security have helped to create the supply and infrastructure dependencies that allowed for the weaponization of energy. The book examines the legal responses adopted by the European Union to the impact of the Russian energy shock, reflecting on strategies to avoid similar disruptions in the clean energy industry. In turn, it proposes innovative supply security reforms that would allow dependencies to be managed, while still preserving the international collaboration that is needed to accelerate the transition to clean, affordable, and secure energy systems. dust jacket

"In this book, "sacramentality" is proposed as a category that encompasses the performative power of religious and legal rituals. Law uses sacramental action to change reality through performative acts, while religion uses law to organise religious ritual. Thus, law and religion intertwine to produce legal, spiritual, and other social effects"-- Provided by publisher

Contents: Legal analysis -- Legal drafting, generally -- Citation and quotation : why, when, and how -- Letters -- Research memoranda -- Memoranda of points and authorities or briefs in support of or opposition to motions in the trial court -- Appellate briefs -- Transactional documents -- Legislation and regulations -- Drafting for the record

This legal research guide undertakes to highlight pending and current federal legislation, including federal statutes that first dealt with AI, such as the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which incorporated the first definition of AI in a federal statute; and the National Artificial Intelligence Act of 2020, part of the William M. Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021. Moreover, the numerous federal agencies, bureaus, departments, and organizations of the Executive Branch of government which deal with AI are detailed along with any federal case law. Of course, state laws and regulations as well as international law are detailed, particularly the ever-increasing actions by the European Union to regulate AI, especially as it concerns data privacy issues of individuals. Apart from legislative analysis regarding AI, the researcher must bear in mind the historical context of AI, or intelligent machines, dating back to at least the 1940s with the British mathematician and logician Alan M. Turing, OBE and his Turing machine considered a basic computer, as well as the speculative fiction author and biochemist Isaac Asimov and his book I, Robot, published in 1950. However, the actual term "artificial intelligence" historically "was coined at the Dartmouth Summer Research Project on Artificial Intelligence" by being "proposed in 1955" and then held the following year." -- Publisher

"This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"-- Provided by publisher

"Questions and Answers: Business Associations helps students better understand and develop their mastery of the law of business association in ways that will help them succeed in a standard survey course, prepare for the bar exam, and enter practice. The third edition of this popular supplement updates, clarifies, and builds upon the coverage of earlier chapters, introduces questions focused on the law of agency, and elaborates on distinctions between the Model Business Corporation Act and the Delaware General Corporation Law. Notably, the revisions of the third edition have been informed by developments announced by the National Conference of Bar Examiners in anticipation of forthcoming revisions to the bar exam. This study guide includes multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of questions comprising a comprehensive "practice exam." For each multiple-choice question, the authors have provided a thorough, yet concise, explanation that both indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, the authors provide a comprehensive, yet brief, model answer. In all, this study guide provides a useful tool for formative assessment and self-evaluation"-- Provided by publisher

This book provides an analysis of corporate management, the legal liability of directors and officers, and an examination of how the corporate board has evolved and changed. Beginning with a discussion of economic fundamentals and specific legal issues, the authors address board-management relationships, importance of internal reporting, intellectual capital, board selection, and more

"An abstract is a short description of your longer piece of work and is used as a free layer of content discoverable online. An abstract should not attempt to summarise the whole work as it is also there to show readers whether or not reading further is warranted. It is used to allow people searching on the internet to see that they have encountered a worthwhile 'hit'. This will encourage them to read further by clicking through to the work in full. Keywords are index terms that capture the essence of the topics covered in a piece of work and are essential to improving ranking in search results. Abstracts and Keywords (A&K) combined are used to aid discovery of your content and to generate links across relevant content. A&K not only aid in discovery of online content, they also support the discovery of print and eBook content marketed through the online catalogue, or in library catalogues"-- Provided by publisher

"This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems' operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace. The book details the three countries' integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country's unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scaling up institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration." -- Provided by publisher

This updated eighth edition examines fundamental issues that both vendors and customers may confront in the negotiation of a software license and a cloud computing agreement, including related issues such as software development, professional services, and maintenance and support. Included are 44 new forms, checklists, and policies. A new chapter on mobile applications has also been added. American Bar Association

"Explains how ERISA encourages retirement and health care plan sponsorship and protects plan participants. Covers every major aspect of the statute, pervasively anchoring analysis in underlying principles and competing public policies. Technical descriptions of the statute and caselaw are minimized in favor of a systemic functional analysis"-- Provided by publisher

The First National Vaccine Law Conference: Papers and Proceedings contain manuscripts that reflect the spirit of the conversations and presentations featured at the National Vaccine Law Conference (NVLC), held in September of 2022. This book captures and shares the thought leadership of conference organizers, speakers, and other vaccine law and policy experts

"This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides practitioners in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams"-- Provided by publisher

"In the age of tenure-denial lawsuits and free speech battles, colleges and universities face more intense legal pressures than ever before. Louis Guard and Joyce Jacobsen, two longtime higher education leaders, provide both a comprehensive overview and practical guidance regarding current campus legal issues"-- Provided by publisher

First released in 1913 at the direction of the U.S. Senate, and since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases

"Americans today are increasingly uneasy about the democratic weaknesses of their Federal Constitution. But for most of living memory that very Constitution has been idealized as near perfect. How could it be that this flawed system came to enjoy such intense veneration? In a striking reinterpretation of the American constitutional past, Aziz Rana connects the spread of a distinctive twentieth century American relationship to its founding document to another development rarely treated alongside it: the rise of the U.S. to global dominance. In the process, he highlights the role of constitutional veneration in shaping the terms of American power abroad, with ultimately transformative effects at home for narratives of nation and ideas of reform. In the process, Rana also explores the remarkably diverse array of movement activists-in Black, Indigenous, feminist, labor, and immigrant politics-that struggled to imagine a very different constitutional horizon, one grounded in equal and effective freedom for all and able to overcome the basic limitations of the consolidating legal-political system. These voices of opposition, including to the Constitution itself, have overwhelmingly been excised from constitutional memory. And yet they offer essential insights for making sense of our present difficulties, in which Americans find themselves bereft of the constitutional sureties that have long shaped collective life"-- Provided by publisher

An analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution

"Keeping the Republic is a defense of the American constitutional order, and a response to its critics, including those who are estranged from the very idea of a fixed constitution in which "the living are governed by the dead." Dennis Hale and Marc Landy takes seriously the criticisms of the United States Constitution. Before mounting their argument, they present an intellectual history of the key critics, including Thomas Paine, William Lloyd Garrison, Henry David Thoreau, Frederick Douglass, Woodrow Wilson, Robert Dahl, and Sanford Levinson. Hale and Landy frame their defense of the Constitution by understanding America in terms of modernity, in which small republics are no longer possible and there is a need to protect the citizens of a massive modern state while still preserving liberty. The Constitution makes large, popular government possible by placing effective limits on the exercise of power. The Constitution forces the people to be governed by the dead, both to pay the debt we owe to those who came before us and to preserve society for generations yet unborn. Keeping the Republic is both a survey of American anti-constitutionalism and a powerful argument for maintaining the constitutional order of the nation's Framers"-- Provided by publisher

A top Washington journalist recounts the dramatic political battle to pass the Civil Rights Act of 1964, the law that created modern America, on the fiftieth anniversary of its passage it was a turbulent time in America--a time of sit-ins, freedom rides, a March on Washington and a governor standing in the schoolhouse door--when John F. Kennedy sent Congress a bill to bar racial discrimination in employment, education, and public accommodations. Often hailed as the most important law of the past century, the Civil Rights Act stands as a lesson for our own troubled times about what is possible when patience, bipartisanship, and decency rule the day

"This book argues that hate speech is not protected. Based on an examination of Supreme Court case law and First Amendment theory, the book finds that hate speech lies outside the Supreme Court's hierarchy of speech protection because it advances no ideas of social value"-- Provided by publisher

"This concise but comprehensive book engagingly lays out answers to myriad questions about free speech principles and current controversies, including those pertaining to hate speech, disinformation, and social media. Nadine Strossen, one of America's leading free speech scholars and advocates, focuses on modern First Amendment law, explaining the historic factors that propelled its evolution toward more speech protection -- in particular, the civil rights movement. She highlights the many cases in which robust speech-protective principles have aided advocates of racial justice and other human rights causes. The book also shows how these rulings reflect universal, timeless values that benefit everyone, regardless of identity or ideology. Correcting prevalent misunderstandings, the book explains that the First Amendment sensibly permits government to outlaw the speech that is the most dangerous, while outlawing the censorship that is the most dangerous. The book's lively question-and-answer format clearly and memorably presents free speech tenets, citing colorful episodes and eloquent language from landmark Supreme Court opinions. It will be illuminating to a wide range of readers, from those who know nothing about free speech law, to experts who seek a well-organized summary of major doctrines, as well as insights into their background and rationales." -- Back cover

"Why We Vote is a bold and sometimes daring reconstruction of judicial doctrine giving expression to the democratic aspirations of the Constitution. It shifts the focus from equal protection to the freedom that democracy generates-the right of those who are ruled to choose their rulers. It explains why the protection of that right requires the extension of the franchise to all citizens. It provides the grounds for the rules that facilitate, as a purely practical matter, the exercise of the right to vote, ensure that the vote of one is equal to that of another, and guarantees feasible access to the ballot for independent candidates and new political parties"-- Provided by publisher

"In the wake of Shelby County v. Holder, Republican Voter ID laws, and the January 6 storming of the Capitol, election policies, and especially access to voting, have become a key political battleground. A central point of contention is whether these new Republican voting laws are intentional attempts to discriminate against Black and Hispanic subpopulations in the United States. Conversely, do policies that expand voting access favor Democrats and increase the possibility of election fraud? In this book, the authors put these questions to the test. The authors look specifically for systematic outcomes produced by unique election policies in the American states. To begin this unraveling, they first establish a competent measure of voting restrictions. The authors have created a Cost of Voting Index (COVI) for the 50 states, which uses a statistical procedure to extract an underlying dimension from rows of numbers representing state laws. The more restrictive policies receive larger numbers. The statistical analysis looks for rhyme or reason in the rows of numbers, and the authors call the underlying dimension extracted the "cost of voting." With this measure in place, they are able to evaluate which states have a higher cost of voting, how this cost impacts who votes, and whether there is a correlation between the cost of voting and minority populations. Examining Racial Threat Theory arguments, the authors demonstrate that states with larger or growing Black and Hispanic populations have more restricted voting, and furthermore that these restrictive voting laws disproportionately demobilize these populations in predictable ways. States with a higher cost of voting also show lower minority electoral success and a larger gap in Black and female representation. The authors likewise show that decreasing the cost of voting does not lead to fraud or favor one party over another. The Cost of Voting in the American States makes the case for a new preclearance formula, and the authors' COVI provides a viable approach for future election law"-- Provided by publisher

The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world. Putting President Bush's actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president's approval of interrogation methods that violated Geneva's mandate to treat wartime captives humanely. While taking note of various accountability options-from within the executive branch to the International Criminal Court-the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government

Contents: Introduction -- British impeachments (1376-1787) -- American impeachments before 1787 -- The founders' impeachment -- Impeaching legislators and lesser executive branch officials -- Impeachment of judges -- The impeachment of Andrew Johnson -- The fall of President Richard Nixon -- The strange case of William Jefferson Clinton -- How Donald J. Trump became president -- The Mueller investigation : Trump avoids impeachment for Russian collusion and obstruction of justice -- Paths not taken to Trump impeachment : emoluments and self-enrichment -- The twenty-fifth amendment alternative -- Ukraine, a "perfect call" and the road to Trump's first impeachment -- The House impeaches Trump for Ukraine -- The first Senate trial of Donald Trump -- The verdict in the first Trump impeachment and its lessons -- Donald Trump's second impeachment, trial, and acquittal -- Conclusion : the future of impeachment

"Drawing on a wide range of case studies, this book provides an examination of the role of United States federal law in shaping the invocation game of police interrogation. It is essential reading for researchers and students in the fields of forensic linguistics, law and society, sociolinguistics, and discourse analysis"-- Provided by publisher

"In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on which side has an argument that one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. Uncivil Warriors focuses on these lawyers' civil war: the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both sides in the Civil War had their complement of lawyers, and eminent legal historian Peter Hoffer, provides coverage of both sides' leading lawyers. In positions of leadership, they struggled to make sense of the conflict and, in the course of that struggle, they began to glimpse into a new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors focus on the legal side of America's worst conflict will reshape our understanding of the Civil War itself."-- Provided by publisher

"Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence. It is because today's Court is uniquely distanced from the democratic processes that buttress its legitimacy. For example, five of the nine justices took their seats after winning confirmation with the support of senators who won far fewer votes than their colleagues in opposition, and three of these five justices were also nominated by a president who lost the popular vote. In A Supreme Court Unlike Any Other, Kevin J. McMahon explains the broad historical developments that have brought us here. Drawing on historical and contemporary data and deep knowledge of Court battles during presidencies ranging from Franklin D. Roosevelt to Ronald Reagan to Donald Trump, he offers new insight into the shifting politics of nominating and confirming justices, the changing pool of nominees considered for the Supreme Court, and the increased salience of the Court in presidential and congressional elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics"-- Provided by publisher

"Pushback explores the ways in which the minority party in Congress, and the minority political party more generally, can use unpopular decisions of the U.S. Supreme Court to drive a wedge into the majority party coalition"-- Provided by publisher

A fundamental tenet of court administration has been the inevitability of growth. In this intriguing book, two authors with over 100 years of experience in trial courts examine 20-40 years of civil case filings in five states and report on their unexpected and informative findings

The Arbitration Conversation: Insights and Wisdom from Experts in the Field distills over 115 interviews with arbitration experts into a vital resource. This book is an essential guide for arbitrators, counsel, students, and educators seeking to peek behind the privacy curtain of arbitration and navigating the changing landscape of dispute resolution in the digital age

Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial. In Demand the Impossible, Robert L. Tsai traces Bright's remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court--and won each one, despite facing an increasingly hostile bench. With each victory, he brought to light how the law itself had become corrupted by the country's thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, inadequate safeguards for people with intellectual disabilities, and the shameful quality of legal representation for the poor. Organized around these four major Supreme Court cases, each narrated in vivid and dramatic detail, Tsai's essential account explores the racism built into the criminal justice system and the incredible advancements one lawyer and his committed allies made for equal rights. An electrifying work of legal history, Demand the Impossible reveals how change can be won in even the most challenging times and how seemingly small victories can go on to have outsized effects -- Front jacket flap

"Beyond Complicity is a cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone 'knew' they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene? Francine Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change"-- Provided by the publisher

Contents: Probate process and overview -- Assets, creditor claims and debt considerations -- Distributions, final accounting and closing the estate -- Accounting/distributions in trust administration -- What you need to know about trusts -- Ethics and estate administration

"This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the 'Western' concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made?"-- Back cover

"An overview of how climate change will reshape the United States, with an emphasis on climate migration"-- Provided by publisher