Recent Acquisitions at the Marquette Law Library

"In 1972, Martha "Marty" Goddard volunteered at a crisis hotline, counseling girls who had been molested. By the end of the decade, she had launched a campaign pushing hospitals and police departments to collect evidence of sexual assault and treat survivors with dignity. She designed a new kind of forensics tool -- the rape kit -- and new practices of evidence collection that spread across the country. Yet even as Marty fought for women's rights, she allowed a man to take credit for her work and then vanished into obscurity. [This book] chronicles one journalist's mission to understand an crucial innovation and the problematic history of forensics in America. As Pagan Kennedy hunts for answers to the mystery of Marty Goddard, she reflects on her own experiences with sexual assault and her desire for justice."-- Page 4 of cover.

"Many industries have, over the last thirty years, gone on to embrace emotional intelligence as the attribute that can both predict and achieve superior individual and organizational performance. Emotional intelligence is also key to better physical and mental health, resulting in lower organizational costs from attrition, healthcare, and professional liability. Businesses like Google, Aetna, and Johnson & Johnson have built programs for their entire workforce around enhancing emotional intelligence. Doctors, to whom we lawyers like to compare ourselves, are including EI in medical school admissions and physician training because it promotes both good medical care and physician health. Perhaps no other profession relies so heavily on cognitive intelligence as law. Through changing application requirements, law schools continue to prefer the most logical applicants, and they rigorously employ the Socratic method in classrooms to ferret out any nonrational tendencies that remain. Law firms and law departments hire the top and presumably most rational law school graduates and then enforce cultures of strict rationality. Emotion is what we in the law business have been intent on eliminating. So, emotional intelligence may seem like an oxymoron to us. What do lawyers need it for? While some lawyers flourish in their work, troubling data on law people have been accumulating for years. Even before the Covid pandemic and the lockdown's well-documented impact on workers generally, lawyers suffered outsized levels of emotional distress six times the level of depression, for example, as any other professional group, outdoing even those oft-maligned dentists. The extremely high rates of suicide and substance abuse (both still underreported), divorce, and health issues among lawyers testify to a degree of personal dysfunction that is astonishing. As testament to this dysfunction, lawyers leave the practice of law in droves, and those who stay are often deeply dissatisfied. A distressed, unhappy lawyer may well be on the front line advising our clients on critical issues. It should be no surprise that reports of client dissatisfaction have soared in recent years, and that malpractice liability is an increasing concern"-- Provided by publisher.

"Lawyers are universally unpopular, but is that justified? Aren't lawyers necessary for justice? This book uses real-world examples, case studies, and commentary from practitioners to answer this question and to reveal the many and varied strategies American and English lawyers use to protect clients. It shows how lawyers tackle their conflicting duties, and highlights the choices lawyers everywhere routinely make through their power of decision. What emerges are new ways of understanding the critical role lawyers play in society - and their professional responsibilities. This new edition considers the litigation surrounding Donald Trump and the role played by his lawyers. It includes a new chapter on SLAPPs and the way the law is used to advance clients' interests. This book presents a unique and fascinating account of what happens when lawyers' duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct." -- Back cover.

"This book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems. Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments." -- Provided by publisher.

"Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law." -- Book cover

"The book presents the importance of restorative justice in today's energy transition across the world. It emphasizes the importance of a fair, equitable and inclusive shift towards a low-carbon economy. It recognizes climate change as the primary global challenge and advocates for an urgent and comprehensive energy transition where restorative justice is centrally utilised. Restorative justice focuses on identifying harm, assigning responsibility, protecting those affected, repairing damage, preventing future occurrences and providing a crucial foundation for seeking justice. It encompasses various forms of harm (economic, environmental, and social) and includes all stakeholders, including individuals, communities, and the environment. By providing a secure and structured platform for dialogue, restorative justice allows for diverse perspectives, challenging conversations and action for a just and sustainable world." -- Provided by publisher.

"This volume critically assesses the role of intellectual property in pandemic times through lessons learned from the COVID-19 pandemic. It broadens our understanding of the implications of intellectual property protection for both the development and distribution of essential technologies such as vaccines"-- Provided by publisher.

"This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a 'common good'." -- bookscouter.com

"This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors' perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law"-- Provided by publisher.

"This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Nigeria, Northern Ireland, South Africa, Syria, Turkey, the USA, and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups"-- Provided by the publisher

"This book explores the relationship between sports law, the Olympic Movement and human rights. Examining the historical legal roots of contemporary 'Olympic law', including the ancient history of the Olympic Games and the legacy of Pierre de Coubertin, the book shines new light on one of the most important issues in world sport today. Offering a new inter-disciplinary perspective on Olympic law, drawing on legal theory, history and contemporary social scientific studies in sport, this book is fascinating reading for any advanced student, researcher, policy-maker or practitioner with an interest in sports law, the Olympic Games, mega-events or human rights"-- Provided by publisher.

"Based on a series of themes and case studies, this book aims to illustrate the impact of sports policies and practices on individuals and their identities, and to analyze the potential solutions offered by International human rights law (IHRL) for these infringements. It bridges the gap between IHRL and sports studies, and will be useful to scholars in both fields, especially those unfamiliar with each other's work. Furthermore, by investigating the context of sport and its governance, this collection offers a series of valuable insights, enabling the development of an interpretation of 'law in context' for legal scholars in the field of human rights. As the governance and regulation of sport are seen as illustrations of other forms of normativity, this book also contributes to the conversation about the transnational dimension of law and legal orders. In this respect, it illustrates that normative autonomy in the field of sport, associated with the idea of lex sportiva, tends to be relative regarding IHRL. The sporting environment is not disconnected from major contemporary social issues: it constitutes a public space in which injustices can be denounced, but also the theater in which prejudices are perpetuated against various parties, such as athletes or workers. IHRL commonly addresses attacks on individual dignity and social justice issues by guaranteeing rights to individuals and offering them protection mechanisms. In this context, can IHRL solve the problems encountered in the sporting environment? This is the question that animates this volume. This is an open access book." -- Provided by publisher.

"This thoroughly revised third edition of the Advanced Introduction to International Tax Law provides an incisive overview of the key issues surrounding taxation and international law. Reuven S. Avi-Yonah explores the nuances of varying taxation systems using relevant and current case studies."-- Publisher website.

"This book puts wrongful convictions into a narrative and comparative context, showing that processes of narrativization affect how legal reality is constructed and function as their own kind of evidence-the desire to tell a convincing story is universal and can override the regulatory and procedural setup of any given system"-- Provided by publisher.

"The book explores the lasting legacy of Christian ambivalence towards Jews in Western secular law and engages with broader questions about the cultural foundations of Western secular law, the politics of religious freedom, the racialisation of religion, and the ambivalent nature of legal progress"-- Provided by publisher.

"Robin Bernstein relates a bloody tale of race, murder, and injustice that forces us to rethink the origins and consequences of America's immoral system of prisons for profit. Bernstein brings to life the story of William Freeman, a free Black man who in 1840 was forced into unpaid labor as an inmate of Auburn State Prison in New York. After his release, he murdered four members of a white family, as revenge for the theft of his labor. His trial saw the crystallization of a nefarious ideology-the idea that African Americans are inherently criminal-yet it also shaped Auburn as an important node in the long battle for Black freedom"-- Provided by publisher.

"American Legal Systems: A Resource and Reference Guide, now in its fourth edition, is a reader-friendly introduction to U.S. legal principles, terms, institutions, and sources of law, including a discussion of precedent and the defining concept of stare decisis. Many of the concepts covered are tied to the realities of law practice. The text provides practices tips and instruction, including templates, on how to prepare and commonplace legal documents. Website sources are provided for additional information. The information is largely presented in charts, with explanatory interspatial text to provide context, and can be used as a complement to other coursework or on its own as an introduction to the U.S. legal system"-- Provided by publisher.

"Best-selling, concise, accessible textbook for first-year legal research course, with a classic, source-based approach"-- Provided by publisher.

"A guide to state consumer protection enforcement - attorney general investigations, litigation, and settlements"-- Provided by publisher.

"Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology is a riveting first-person narrative informed by author Jorge Goldstein's lifelong work as a pioneering scientist-lawyer at the intersection of intellectual property law and biotechnology. Through multiple cases bridging law, business, and technology, Goldstein reveals how, over the last half century, biology went from pure science to being "monetized." Using his own experience and that of others, he tells stories of legal fights over patented microbes, virus resistant-crops, and ownership of body parts and the patents they engendered. Goldstein covers the early days of recombinant DNA science to the present, where thousands of companies worldwide have created what we know as modern biotechnology, as well as addresses the perceived downsides of the patent system"-- Provided by publisher.

"In terms familiar to economists, this book provides a positive theory of labor law and dissects the fundamental theoretical issues that shape labor law doctrine. It investigates the deep economic tensions influencing judicial opinions in labor law, and how these can predict the outcomes of relevant legal doctrine and determine whether it accomplishes its regulatory goals. Keith Hylton explores major philosophical approaches in the labor movement as well as the economic pressures that have impacted the growth of unions and the evolution of labor law. Hylton examines core issues including union organization, labor bargaining, labor law successorship, and the interaction between labor and antitrust laws. He questions whether the decline of unions will change employment and labor laws, and whether it is possible for the law to reverse or slow the decline in private sector union density. The central thesis of the book is that much of labor law doctrine is economically efficient, minimizing the costs of the bargaining relationship between the employer and the union. The Economics of Labor Law is an invaluable resource for students and scholars of labor and employment law, and law and economics. Practitioners will also benefit from its detailed account of how economics can provide a more solid foundation for labor law doctrines." -- Publisher website.

"This book offers a novel theory about the government's duties to end homelessness, maintain public property's value, and legitimize laws that regulate public space. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details"-- Provided by publisher.

"A prizewinning historian uncovers the first instances of reparations in America, paid to slaveholders, not former slaves"-- Provided by publisher.

"The Nineteenth Edition of the Federal Regulatory Directory is a comprehensive guide for understanding the complex world of federal regulation. It provides detailed profiles of the most important regulatory agencies, including their history, priorities, actions, and landmark decisions. The book also features overviews of independent and self-regulatory agencies, as well as the global and state-level impacts of federal regulation. Whether you are new to the topic or an expert, the Federal Regulatory Directory can be a valuable resource for students, researchers, professionals, and anyone who wants to understand how federal regulation works and how it affects their daily lives." -- Publisher website

"Mastering Criminal Law explores the basic principles useful in the study of criminal law, offering real world examples to understand these concepts. It provides a clear and concise consideration of the fundamental structure of a crime including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, with updated materials on homicide, sexual assault, and property crimes. Additionally, it covers accomplice liability, solicitation, attempt and conspiracy. It also covers defenses, including the right to present a defense and updated materials on insanity. It distinguishes different approaches such as the Common Law and Model Penal Code and provides examples of different state statutes"-- Provided by publisher.

"When can the government read your email or monitor your web surfing? When can the police search your phone or copy your computer files? In the United States, the answers come from the Fourth Amendment to the Constitution and its ban on 'unreasonable searches and seizures.' The Digital Fourth Amendment: Privacy and Policing in Our Online World takes the reader inside the legal world of how courts are interpreting the Fourth Amendment in the digital age. Computers, smartphones, and the Internet have transformed criminal investigations, and even a routine crime is likely to lead to digital evidence. But courts are struggling to apply old Fourth Amendment concepts to the new digital world. Mechanically applying old rules from physical investigations doesn't make sense, often leading to dramatic expansions of government power just based on coincidences of computer design. Written by a prominent law professor whose scholarship has often been relied on by courts in the field, The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence. It explains the challenges courts confront as they translate old protections to a new technological world, bringing the reader up to date on the latest cases and rulings. Informed by legal history and the latest technology, this book gives courts a blueprint for legal change with clear rules for courts to adopt to restore our constitutional rights in the computer age"-- Provided by publisher.

The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State - a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance - its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.

"This book discusses and summarizes the protection of patents, trade secrets, copyrights and trade secrets in China"-- Provided by publisher.

This book explores the operation, role, and prospects of global lawmaking, and the implications of the design of customary international lawmaking on social change. Drawing on insights from various disciplines and historical contexts, it provides an explanatory and analytical framework for the question. It goes further, however, by critiquing conventional accounts of international lawmaking and developing an alternative framework centered on the four types of customary international law. It brings a fresh and unique approach; drawing on jurisprudential, legal history, and social scientific perspectives, which will be welcomed by all scholars in the field"-- Provided by publisher.

"This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication - racial discrimination, post-colonial extractivism and the climate crisis - the book's analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions, and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included, and others are excluded, within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice"-- Provided by publisher.

"This is a single resource that has distilled the No Surprises Act and the states balance billing laws combined into one book. This valuable resource was designed to help practices, hospitals and attorneys quickly find the rules and requirements of the No Surprises Act both at a federal and state level. This book has a dedicated section to each state's balance billing protections including arbitration remedies. A balancing act rests between the federal and state law and healthcare providers and attorneys need to understand where federal law ends and state law begins. Further protections and requirements are often required under state law. This book provides the statutes and administrative law for each state that has balance billing protections." -- publisher's website