Recent Acquisitions at the Marquette Law Library

"A revealing biography of Dr. Benjamin Rush--fiery signer of the Declaration of Independence, prominent physician, ardent politician, zealous social reformer, passionate humanitarian, and dedicated educator."--Provided by publisher.

Contents: Boyhood and youth -- The vigor of life -- Practical politics -- In cowboy land -- Applied idealism -- The New York police -- The war of America the unready -- The New York governorship -- Outdoors and indoors -- The presidency; making an old party progressive -- The natural resources of the nation -- The big stick and the square deal -- Social and industrial justice -- The Monroe Doctrine and the Panama Canal -- The peace of righteousness.

The United States of 1940, an isolationist country divided along class lines, still suffering the ravages of a decade-long depression, and woefully unprepared for war, was unified by a common threat and by the extraordinary leadership of Franklin Roosevelt to become, only five years later, the preeminent economic and military power in the world. At the center of the country's transformation was the complex partnership of Franklin and Eleanor Roosevelt. Franklin knew the war could not be won without focusing the energies of the American people and expanding his base of support -- making his peace with conservative leaders and gaining the cooperation of big business. Eleanor, meanwhile, felt the war would not be worth winning if the old order of things at home prevailed, and was often at odds with her husband in her efforts to preserve the gains of the New Deal and achieve reforms in civil rights, housing, and welfare programs. While Franklin manned the war room at the White House and met with Winston Churchill, Joseph Stalin, Mackenzie King, and other world leaders to discuss strategy for the war abroad, Eleanor crisscrossed the country, visiting the American people, seeing how the war and policies her husband made in Washington affected them as individuals. Using diaries, interviews, and White House records of the president's and first lady's comings and goings, Goodwin paints a detailed, intimate portrait not only of the daily conduct of the presidency during wartime but of the Roosevelts themselves and their extraordinary constellation of friends, advisers, and family, many of whom lived with them in the White House: Missy LeHand, FDR's "other wife" and secretary; Harry Hopkins, FDR's closest friend and adviser; the president's indomitable mother, Sara; the Roosevelts' daughter, Anna; Eleanor's close friends Lorena Hickock and Joe Lash; Crown Princess Martha of Norway; FDR's former lover Lucy Rutherfurd, who, in a final, painful blow to Eleanor, was with him when he died. Bringing to bear the tools of both history and biography, Goodwin relates the unique story of how Franklin Roosevelt, surrounded by his small circle of intimates, led the nation to military victory abroad against seemingly insurmountable odds and, with Eleanor's essential help, forever changed the fabric of American society.

"Investigative reporter and bestselling author Phil Shenon writes the ultimate inside account of what has become the most controversial murder investigation of the 20th century, the aftermath of the assassination of President John F. Kennedy. Based on groundbreaking research, deep reporting, and unprecedented access, the book is character driven, dialogue rich, with facts and incidents that will stun and surprise."--Publisher description.

This book aims to help business and government leaders negotiate, rather than fight, with their critics. It shows how to identify who the public is, whose concerns to address first, which people and organisations must be convinced of the legitimacy of action taken and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, the authors suggest a way to develop media interaction which is consistent with mutual gain, and also discuss the type of leadership that corporate and government managers must provide.--From publisher's description.

Updated to include a new chapter about the influence of social media and the Internet--the 20th anniversary edition of Bowling Alone remains a seminal work of social analysis, and its examination of what happened to our sense of community remains more relevant than ever in today's fractured America. Twenty years, ago, Robert D. Putnam made a seemingly simple observation: once we bowled in leagues, usually after work; but no longer. This seemingly small phenomenon symbolized a significant social change that became the basis of the acclaimed bestseller, Bowling Alone, which The Washington Post called "a very important book" and Putnam, "the de Tocqueville of our generation." Bowling Alone surveyed in detail Americans' changing behavior over the decades, showing how we had become increasingly disconnected from family, friends, neighbors, and social structures, whether it's with the PTA, church, clubs, political parties, or bowling leagues. In the revised edition of his classic work, Putnam shows how our shrinking access to the "social capital" that is the reward of communal activity and community sharing still poses a serious threat to our civic and personal health, and how these consequences have a new resonance for our divided country today. He includes critical new material on the pervasive influence of social media and the internet, which has introduced previously unthinkable opportunities for social connection--as well as unprecedented levels of alienation and isolation. At the time of its publication, Putnam's then-groundbreaking work showed how social bonds are the most powerful predictor of life satisfaction, and how the loss of social capital is felt in critical ways, acting as a strong predictor of crime rates and other measures of neighborhood quality of life, and affecting our health in other ways. While the ways in which we connect, or become disconnected, have changed over the decades, his central argument remains as powerful and urgent as ever: mending our frayed social capital is key to preserving the very fabric of our society.

"First Published in 1996. Part of a series that brings together more than 200 scholarly articles pertaining to the history and development of urban life in the United States during the past two centuries. The physical development of cities and their infrastructure is considered in Volume 2, which focuses on city planning and its origins in the Rural Cemetery Movement, the City Beautiful Movement, and the role of business in advocating more rational and efficient urban places. Volume 2 also contains articles about essential aspects of the urban infra structure and the provision of basic services essential for urban survival--water, sewer, and transportation systems." -- Publisher's website.

"Dismantling the Death Penalty is a succinct, accessible, and lively overview of research on the costs and consequences of capital punishment. Professor Costanzo uses diverse sources of information--including closing arguments from murder trials; interviews with jurors; statistical analyses of murder rates; survey data; and quotes from defendants, politicians, and the families of victims--to understand the effects and effectiveness of the death penalty. Each chapter answers an essential question: How do juries decide who is sentenced to death? Do executions deter potential murderers? Does the public support the death penalty? Is it "cruel and unusual"? Is it cheaper than life imprisonment? How serious are errors and biases in the system? Is the death penalty morally justified? Although the emphasis is on social scientific research, this comprehensive analysis also places the practice of killing murderers in historical, political, and moral context. The opening chapter chronicles the long, bloody history of executions and changes in how, when, and why we kill criminals. The closing chapter evaluates the politics and future of capital punishment, as well as alternatives to execution."--Amazon.

"This book provides a critical psychosocial analysis of legal practice, documenting a mental health crisis among lawyers and judges and linking this crisis to a dysfunctional legal system they continue to control. Tracing studies of lawyers and judges over 40 years, this book demonstrates that decades of mental distress and social detachment in the legal profession have seriously damaged the legal system. Focusing largely on conditions in the United States, but also drawing on studies from the UK, Canada, Germany, and Australia, the book depicts how this system is jeopardized by lawyers' egocentrism, depression, anxiety, suicidal ideation, and substance abuse. To improve the legal system and lawyers' mental health - integrating law, psychology, sociology, and policy making - the book advocates a renewed commitment to justice, compassion, respect and fairness through an ethic of regenerative altruism. This book will appeal to legal academics concerned with the sociology of legal practice, as well as those involved in training lawyers; it will also be of interest to practicing lawyers, judges and others engaged by issues of social justice and legal reform"-- Provided by publisher.

"There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges." -- publisher's website.

"Conscience Incorporated provides a blueprint for global business leaders to navigate human rights challenges and adopt sustainable corporate practices"-- Provided by publisher.

"In this authoritative, interdisciplinary volume, leading experts from across the globe examine the link between intellectual property and economic inequality. Featuring economists, legal scholars, policy analysts, and other commentators, the book examines timely issues like race and gender disparities and the North-South divide in innovation"-- Provided by publisher.

"These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars--and mostly political scientists at that--now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals--providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour--dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, ranging from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world." -- Dust jacket.

"This book offers an accessible and interdisciplinary account of the pressures and constraints judges face in our polarized world. It highlights the importance of character and judgment and is valuable to academics, students, lawyers, judges, and anyone interested in courts"-- Provided by publisher.

"This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence between politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV's focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics, and constitutional studies"-- Provided by publisher.

Contents: Western water rights in a warming future / Karrigan Börk, Shi-Ling Hsu, and Kevin Lynch -- Waste and chemical management beyond 2°C / Michael B. Gerrard -- In a 4°C world, the inexorable climate change-biodiversity nexus / David Takacs -- America erased / Michele Okoh -- Climate-changed communities / Sarah Fox -- Preemption : opportunities and obstacles for climate adaptation / Kevin J. Lynch -- Rhetoric versus reality after winter storm Uri / Melissa Powers -- The tyranny of baselines / Jessica Owley, Karen Bradshaw, Keith H. Hirokawa, and Robin Kundis Craig -- 4Cs at 4°C : counting, contestation, communication, and consideration for collectively constructing concepts of climate change Joshua Ulan Galperin -- Environmental justice beyond 2°C / Clifford J. Villa -- Avoiding performative climate justice / Katrina Fischer Kuh -- Survival equity and climate change triage : how to decide who lives and who dies / Robin Kundis Craig -- Supplying life necessities in a climate-changed future / Shi-Ling Hsu -- De-centering dominance for climate adaptation in a worst-case climate world / Cinnamon P. Carlarne and Keith H. Hirokawa -- Challenges of law, governance, and equity in implementing climate policies / Shannon M. Roesler

"As tariffs have fallen dramatically over the past decades, behind-the-border measures-such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures-have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius - two prominent standard-setting organizations in the area of TBT and SPS - to investigate how international standardization influences the design of international trade agreements, and vice versa"-- Provided by publisher.

"This book explores the legal and societal implications of autonomous vehicles (AVs), drawing on historical examples of disruptive technologies and the complex process of their adoption. Employing broad interdisciplinary perspectives, Guy Seidman and Aviv Gaon imagine how the socio-cultural perception of AVs might develop and how they could fit into the urban landscape. Seidman and Gaon argue that AVs, despite their limitations, offer a significant improvement over the current state of human driving. They examine how the high costs of human-driven cars, including inefficiencies, pollution, and loss of life, justify the continued pursuit of self-driving cars. Chapters also cover other important topics such as social norms, social isolation and traffic law. While the future of AVs is uncertain, understanding the socio-legal context can prepare society for the challenges and opportunities that lie ahead. The Social and Legal Impact of Autonomous Vehicles is a thought-provoking read for researchers and students in the fields of law and society, law and technology, legal theory, transport geography, mobilities, and administrative and public law"-- Provided by publisher.

"Bringing together perspectives from academia and practice, this second edition Research Handbook provides fresh insights into debates surrounding digital technology and how to respect and protect human rights in an increasingly digital world. Adopting an interdisciplinary approach, expert contributors cover the issues posed by the management of key internet resources, the governance of its architecture and the role of different stakeholders. The legitimacy of rule making and enforcement, and the exercise of international public authority over users are also key themes. New and revised contributions expand on digital copyright, the impact of digital cultural sovereignty on cultural heritage, the geopolitical influence of social media platforms such as TikTok, and cutting-edge cybercrime regulations. Chapters have been updated to detail events and regulatory changes that illustrate the impact of state cybersecurity measures on personal freedoms. This Research Handbook is a vital read for researchers and students in law, human rights, international politics and technology studies. Policymakers seeking an understanding of human rights in technology will also find this book a highly useful resource"-- Provided by publisher.

"In contextualizing the complex, morally ambiguous true crime story driving Netflix sensation Making a Murderer--and weaving in many other cases from his colorful career--this book by Steven Avery's defense attorney, Jerome Buting, will combine top-tier reportage, untold aspects of the Avery and Brendan Dassey trials, and personal memoir with a provocative, ground-breaking call for reform within America's criminal justice system, which in principle presumes innocence, but in practice presumes guilt. Description"-- Provided by publisher.

"In The Supreme Guide to Writing, law professor Jill Barton cuts through competing advice to detail definitive grammar rules based on the nation's unequivocal authority: the U.S. Supreme Court. The book details a revolution in legal writing, with the justices progressing beyond the drab and technical for the deft and lyrical. With the first-ever analysis of 10,000 pages of Court opinions, the book pinpoints grammar and style rules that the justices follow--and describes the outdated rules they leave behind." -- publisher's website.

"A high-profile law professor who endured cancel culture firsthand discusses radicalism in American law schools"-- Provided by publisher.

Contents: The basics of financial statements -- The time value of money -- Securities -- The cost of capital -- Valuation -- Damages -- Bankruptcy and fraudulent conveyances.

"Mastering Elder Law explores concerns that commonly arise when representing the elderly client. The book focuses on public benefits, retirement systems, age discrimination, wealth transfers and simple estate planning through use of probate and non-probate assets, medical decision making (including "the right to die"), guardianships and conservatorships, supported decision making, durable powers of attorney, long-term care, housing, various forms of elder abuse, and the many ethical concerns that can appear when representing elders or their fiduciaries. The book also explores overarching themes such as the tension that results when the state simultaneously attempts to protect its vulnerable citizens and promote their autonomy. Examples are included throughout, as well as a straightforward description of complex topics such as Social Security, Medicare, and Medicaid. The third edition examines recent developments in case law, administrative rules and regulations, and federal and state statutes affecting the elderly. Among the new topics discussed are the Uniform Health-Care Decisions Act 2023; the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act 2017; Social Security changes for married couples and certain unmarried couples; SSI in-kind support and maintenance calculation changes; retirement fund developments under the SECURE 2.0 Act of 2022; changes in Medicare and Medicaid coverage; ethical considerations discussed in The ACTEC Commentaries on the Model Rules of Professional Conduct (2023); and important decisions by the United States Supreme Court"-- Provided by publisher.

"Judy D. Whipps delves into the untold legacy of early twentieth-century feminist pragmatists who reshaped American legislative and legal history. As advocates for working women, children, immigrants, and racial justice, they fought for an interpretation of the Constitution that included social rights"-- Provided by publisher.

"This comprehensive Understanding treatise can be used as the primary course text or as a supplement to any insurance law casebook. Understanding Insurance Law is designed to make the substance of insurance law accessible to students and general practitioners who are unfamiliar with the subject. For nearly forty years, the previous editions have been widely quoted and cited as authoritative by both federal and state courts. The book organizes insurance law under four major headings. Part A, which considers the question, "What is insurance law?," examines the nature of insurance policies, the industry that sells them, and how legislatures, courts, and agencies regulate them. Part B examines the law relevant to the establishment of the contractual relationship between insurer and insured and the scope of the obligations created. Part C considers issues relevant to the performance of the various duties and obligations in insurance contracts, including issues related to claim presentation in all lines of coverage plus the special obligations and issues that arise in liability insurance. Finally, Part D collects and examines some remaining topics of importance, including group insurance, special issues in automobile insurance, reinsurance, and excess and umbrella coverage"-- Provided by publisher.

"This Hornbook is a one volume version and a substantial abridgment of my seven volume Treatise on Securities Regulation (Practitioner's Edition). The Hornbook is designed for students but can also serve as a desk book for lawyers desiring an overview of the law. The Sixth Edition was revised in 2008 to reflect some important recent developments including the 1933 Act offering reform rules."--Page v.

Since the beginning of the COVID-19 pandemic, several state legislatures, state and federal courts have created legislation or regulations or taken judicial or administrative actions that likely have far-reaching effects on public health policy. According to the Center for Public Health Law Research, since January 1, 2021, a number of states have enacted laws addressing authority to respond to public health emergencies including laws placing limits on the authority of a governor, state health official, or local health official regarding emergency orders; reallocation of authority from a governor, state health official, or local health official regarding emergency responses; limits on the application of federal law related to a public health emergency; expansions or limitations on the use of specific pandemic-related public health measures such as preemption of local public health emergency measures. This research guide offers one of the first comprehensive analysis of 51 jurisdictions' (including the District of Columbia) bills enacted during the pandemic and their effects on public health policy and practice. It provides comparative data relative to each state's response to COVID-19 pandemic by identifying and contrasting laws that limit and expand public health authority. The guide proceeds as follows. Because the federal government played such a big role in addressing the pandemic, part I begins by addressing the federal actions, including some of the key Supreme Court cases that addressed challenges to the pandemic restrictions. This part notes that the federal actions presented a mixed bag for public health law, that is federal officials were given broad powers to respond to the pandemic in some instances, while in others, the powers were severely restricted by the courts. Part II, the crux of the guide, provides a comprehensive analysis of laws that were enacted in the fifty states (and the District of Columbia) from the advent of the pandemic in 2019 to 2022, when most restrictions were lifted. These laws either expanded or limited public health authority. The section then discusses the implications for public health policy for these laws, noting that many of them tended to expand the scope of practice of healthcare workers such as allowing pharmacists, dentists and technicians to administer vaccines. However, the section avers that despite these seemingly positive strides for public health law, COVID-19 also spawned monsters in its wake. As the pandemic wore on, resentment to the mandates and the politicization of the pandemic triggered backlash to the broader public health system and to government intervention. The guide concludes in part III by noting that the legislative roll-back of statutory powers fundamental to effective public-health emergency response have wounded public health law in the sense that they are likely to hobble many public health officials' abilities to prevent and respond to future health threats.--Publisher.

"In 1787, the American union was in disarray. The incompatible demands of the separate states threatened its existence; some states were even in danger of turning into the kind of tyranny they had so recently deposed. A truly national government was needed, one that could raise money, regulate commerce, and defend the states against foreign threats - without becoming as overbearing as England. So thirty-six-year-old James Madison believed. That summer, the Virginian was instrumental in organizing the Constitutional Convention, in which one of the world's greatest documents would be debated, created, and signed. Inspired by a sense of history in the making, he kept the most extensive notes of any attendee." "Now two esteemed scholars have made Madison's journal accessible to everyone. Presented with modern punctuation and spelling, judicious cuts, and helpful notes - plus fascinating background information on every delegate, an overview of the tumultuous times, and a discussion of the ongoing significance of the convention's "secret" history - here is the great drama of how the Constitution came to be, from the opening statements to the final votes. This Modern Library Paperback Classic also includes an Introduction, Epilogue, and appendices from the authors."-- BOOK JACKET

"In James Madison's Constitution, Eric T. Kasper and Howard Schweber have assembled a roster of ten prominent contributors to excavate Madison's thinking about key concepts and issues over questions of what the Constitution requires, permits, and prohibits. Madison's key role at the Constitution's drafting was instrumental in forging the document into what it is today. In many areas, the modern Constitution still reflects Madison's conception and design. In other areas, however, the Constitution as it emerged in a final text-and as it has been amended and interpreted to the present day-does not always conform to Madison's vision. Nevertheless, examining Madison's thinking across a range of constitutional issues has much to offer for understanding our nation's primary governing document today. Indeed, there are great disagreements among jurists, policymakers, journalists, academics, and the general public about how to interpret the Constitution and what various clauses mean. Frequently, Madison is cited as a source on both sides of political, scholarly, and legal debates over the meaning of various constitutional provisions"-- Provided by publisher.

"Understanding Constitutional Law is a succinct but comprehensive treatment of constitutional law topics typically encountered in a first-year constitutional law class. The book provides the current black letter law doctrines alongside the historical background needed to understand them and the major lines of dissenting thought. It explains the methodological approaches the Court has taken to the topics it covers and is interspersed with commentary to help readers understand both those approaches and the rules they generate. Thus, the book is ideal for both students beginning their education in constitutional law and those seeking a deeper understanding. It's also suitable for practitioners seeking a sourcebook to help them analyze the constitutional law issues confronting them. The sixth edition features extensive treatment of all the significant changes in constitutional law that have occurred over the last several years, in areas including but not limited to Congress's power to create causes of action satisfying Article III's standing requirement, the President's immunity from criminal prosecution, the evolving status of the dormant Commerce Clause doctrine, the overruling of the due process right to abortion, the current status of race-based affirmative action in university admissions, the expansion of Free Exercise Clause protections, and the Court's first extended statement about the free speech rights of social media platforms. For ease of use, the new edition has eliminated coverage of some cases that have been overruled or have faded in importance while retaining slimmed down discussions of older cases that remain influential even in the face of new doctrine announced by the Court"-- Provided by publisher.

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment. -- Provided by publisher.

"Arbitrating Empire offers a new history of the emergence of the United States as a global power-one shaped as much by attempts to insulate the US justice system from international scrutiny as it was by efforts to project influence across the globe. Drawing on extensive archival research in the United States, Mexico, Panama, and the United Kingdom, Allison Powers traces how thousands of dispossessed residents of US-annexed territories petitioned international Claims Commissions between the 1870s and the 1930s to hold the United States accountable for myriad forms of state violence. Through attention to their unexpected claims, the book demonstrates how colonial subjects, refugees from slavery, and migrant workers transformed a series of tribunals designed to establish the legality of United States intervention into sites through which to challenge the legitimacy of the US justice system itself. Moving between the stories of claimants who challenged racialized violence and economic dispossession in Arizona copper mines, Texas cotton fields, Samoan port cities, Cuban sugar plantations, the locks and stops of the Panama Canal Zone, and the tribunals convened in metropolitan capitals to which they turned for redress, the book uncovers how everyday people used international law to hold the United States accountable for state-sanctioned violence during the first decades of the twentieth century-and why the State Department's attempts to mitigate this exposure remade international law"-- Provided by publisher.

"We all feel unfairness deeply when treated in rash ways. We expect, and the law requires, government officials to take fairness seriously, giving us notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet, in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. Why is due process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers' employment; officials use flawed data to cancel healthcare; and magistrates order arrestees to be jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black-box technology. To fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent injudicious errors, and safeguard constitutional rights. A revival of due process is long overdue"-- Dust jacket.

"Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration. In 'Borders and Belonging,' Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept--national borders--and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical borders, who should be let in or kept out? How should people forced to migrate be treated? Should newcomers be admitted temporarily or permanently? How should those with lawful immigration status be treated? What is the best role for enforcement in immigration policy? To what extent does the arrival of newcomers hurt long-time residents? What are the 'root causes' of immigration and how can we address them? Realistic about the desire of most citizens for national borders, this book is an indispensable guide for moving toward ethical borders and better immigration policy."-- Dust jacket.

"Immigration Reform is an in-depth discussion of immigration reform in America. The author demystifies this polarizing subject by posing questions about the ethical and political quandaries still presented by race and ethnicity after two and a half centuries of American independence. The book highlights commonly held myths about immigration and explains which issues America needs to address in order to achieve comprehensive reform." -- Book Jacket / Back cover

"Examines the role of constitutional ambiguity across the entire spectrum of American history and how it impacts our interpretation of presidential power"-- Provided by publisher.

"The Sick Chicken Case investigates the US Supreme Court decisions that dealt mortal blows to two pieces of legislation and one presidential action of President Franklin D. Roosevelt and the liberal Democrats' New Deal. In A.L.A Schechter Poultry v. U.S., the court declared the National Industrial Recovery Act unconstitutional. This was a part of a broader attempt to deal with the under-consumption that supposedly caused the Great Depression. The Second New Deal arrived on the court's docket shortly afterwards. The Sick Chicken Case is also about the Great Depression and the New Deal-a look at 1930s America before World War II and the Cold War"-- Provided by publisher.

"This clearly written treatise is designed to make the complex subject of corporate taxation very accessible. It uses straightforward language, charts, checklists, diagrams, and numerous examples to aid readers' comprehension and retention of the material. Understanding Corporate Taxation also includes discussion of relevant cases. It is designed to supplement any corporate tax casebook or to be used on its own. This fifth edition is fully updated for the Inflation Reduction Act of 2022's excise tax on stock buybacks and the new corporate alternative minimum tax (the "CAMT") contained in the Act. This edition also contains additional diagrams. The book starts with an introductory chapter that discusses the choice of business form; details the idea that corporate profits generally are subject to double taxation (once at the corporate level and again at the shareholder level); introduces the Qualified Business Income deduction; and discusses the basics of anti-abuse rules, such as the step-transaction doctrine. Those anti-abuse rules are explored in more detail in a later chapter, as are proposals to partially or fully eliminate double taxation. In addition, a chapter addresses the taxation of S corporations, which are taxed under a single-tax paradigm. That chapter also discusses the Qualified Business Income deduction, including numerous examples. Similar to most corporate tax casebooks, the bulk of the book is organized using a cradle-to-grave approach that traces the life cycle of a corporation, beginning with formation and capitalization and ending with liquidation of the corporation. Between those chapters, the book discusses operational issues, including the capital structure of a corporation, distributions of cash or property, stock redemptions, and stock dividends. After corporate liquidations, the book explores more advanced topics, such as taxable stock or asset acquisitions; non-taxable corporate reorganizations and divisions; the carryover of tax attributes (such as net operating losses) following certain non-recognition transactions; and the treatment of corporate tax shelters. Throughout, the book uses specific examples, diagrams of transactions, summary charts, and checklists to clarify and distill key points"-- Provided by publisher.

Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.

Recounts Franklin Roosevelt's fight during his first term with a narrow conservative majority on the U.S. Supreme Court who struck down several key elements of the New Deal legislation--forever transforming the political and constitutional landscape, saving the New Deal, splitting the Democratic Party, and ushering in an era of Republican dominance.--[source unknown]

In 1938, a year before he was called to the Supreme Court of the United States, Professor Frankfurter delivered three lectures at Harvard on Mr. Justice Holmes which conveyed with sympathetic insight Holmes's constitutional philosophy. He also wrote a remarkably sensitive biographical notice of Holmes for the Dictionary of American Biography. This book brings these works into one volume. -- from Foreword

"Earl Warren, who had previously been attorney general and governor of California, served as Chief Justice of the Supreme Court from 1953 to 1969. The Warren Court made a huge number of historically important decisions, including on racial segregation (Brown v Board of Education); anti-miscegenation laws (Loving v Virginia); the right to privacy (Griswold v Connecticut); and the reading of an equal protection clause in the Fifth Amendment (Bolling v Sharpe). The decision in Brown v. Board of Education, which exerted a powerful influence on the agenda of the Court during the entire sixteen years of its existence, reshaped almost every subject area in constitutional law. At its most direct, Brown inspired a more active reading of the Equal Protection Clause, which was soon applied to legislative apportionment as well as to a broadened recognition of the rights of "outsiders" (e.g., aliens and out of wedlock children ) and initiated a new era of legal attacks on gender discrimination. Horwitz argues that Brown also introduced radical change in traditional jurisprudential ideas. The idea of a "living constitution" (meaning that the constitution ought to develop to accommodate social change) was perhaps the most important idea institutionalized by the Warren Court. The Warren Court also introduced the idea that democracy was a foundational value in interpreting the Constitution. This book is attended for readers interested in the history of the Supreme Court and the profound impact of the Warren Court on many areas of modern American government and society"-- Provided by publisher.

Contents: Volume 1. Introduction -- Examination of witnesses -- Admission and exclusion -- Competency -- Privilege : common law and statutory -- Privilege : constitutional -- Relevancy and its counterweights -- Volume 2. Real evidence, other nontestimonial evidence, and demonstrative aids -- Writings -- The hearsay rule and its exceptions -- Judicial notice -- Burden of proof and presumptions.

"An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history. The immense controversy surrounding the case of Dobbs v. Jackson Women's Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents. In his vivid and accessible style, scholar Clarke Rountree recounts the rhetorical pirouettes and linguistic acrobatics the court has deployed to explain its reversal of Dobbs and numerous other landmark decisions. He reviews strategies the court uses to undermine a previous court's standing without undermining its own. He analyzes overrulings across time, by type (constitutional cases versus statutory and common law cases), by the ages of the overturned precedents, with changes in the court's membership, and through other variables. Rountree gives engrossing accounts of pivotal overrulings in the past, such as when Lincoln's Treasury Secretary Salmon Chase used the Legal Tender Act in 1862 to raise money for the Civil War then ruled the same law unconstitutional in 1870 when he served as chief justice. Rountree retells Thomas Edison's attempt to monopolize the burgeoning film industry, which was stopped only when the Supreme Court overturned an earlier patent-rights case in 1917. Finally, Rountree applies his myriad insights to the politically fraught Dobbs case. Overturned makes a valuable contribution to law, rhetoric, politics, and history, and readers interested in the role and function of America's highest court will find Rountree's account fast-paced, lively, and engaging"-- Provided by publisher.

"Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs"-- Page [i].

Contents: Scope of white collar crime -- Corporate criminal liability -- Conspiracy -- Mail, wire, bank & other frauds -- Securities fraud -- Obstruction of justice -- Bribery, extortion, and conflicts of interest -- Racketeer influenced and corrupt organizations (RICO) -- False statements -- Perjury and false declarations -- Tax crimes -- Currency reporting crimes -- Bankruptcy crimes -- Environmental crimes -- Computer crimes -- Grand jury investigations -- Administrative agency investigations -- Parallel proceedings and administrative remedies -- The self-incrimination privilege and testimony -- Self-incrimination and the compulsory production of documents -- Searches -- Attorney-client privilege -- Work product protection -- Sentencing.

In the American criminal justice system, prosecutors have the upper hand, in a contest that is far from equal. Prosecutors decide who goes free and who goes to prison, and even who lives and who dies. The system wasn't designed for this kind of unchecked power. Prosecution in America is at a crossroads. The power of prosecutors makes them the actors in the system -- the only actors -- who can fix what's broken without changing a single law. In the last few years, for the first time in American history, a wave of reform-minded prosecutors has taken office in major cities throughout the country. the author follows them, showing the difference they make for people caught in the system and how they are coming together as a new kind of lobby for justice and mercy.

Contents: Mediation : overview and basic principles / David A. Hoffman -- A primer on negotiation for mediators, counsel and clients / David A. Hoffman -- Mediation triage : screening, scheduling, and preparing for mediation / David A. Hoffman, Nicole DiPentima, Annie O'Connell -- Stages in the mediation process / David A. Hoffman -- Ethical issues in mediation / David A. Hoffman -- Confidentiality, privilege, and other legal issues in mediation / David A. Hoffman -- The psychology of mediation / David A. Hoffman, Richard N. Wolman -- Cultural and diversity issues in mediation / David A. Hoffman, Katherine Triantafillou -- Representing clients in mediation / David A. Hoffman -- Establishing a mediation practice / David A. Hoffman, Israela Brill-Cass.

Contents: Introduction -- Principles of property classification -- Management and control of property during marriage -- Marriage agreements -- Interspousal and other remedies -- Ethical considerations -- Family law -- Obtaining and granting credit -- Debtors' and creditors' rights and remedies -- Income and transfer taxes -- Estate planning -- Estate administration and nonprobate transfers -- Conflict of laws.

Contents: Introduction / Nathaniel S. Hammons -- Sole proprietorship / Nathaniel S. Hammons -- General partnerships and limited liability partnerships / Nathaniel S. Hammons -- Limited partnerships and limited liability limited partnerships / Joseph A. Camilli -- Limited liability companies / Joseph W. Boucher, Julijana L. Englander -- Corporations / Craig B. Miller -- Nonstock corporations / Jessica Y. Harrison, Melissa Auchard Scholz -- Cooperatives / West A. Foster -- Other forms of business organization / Nathaniel S. Hammons -- Table of statutes, regulations, and rules -- Index

"At first sight, it would appear as though the question of the definition of membership to the European Union (EU) is superfluous. The Treaty on EU unequivocally defines in its article 1 that the contracting parties are the Member States of the EU. However, closer examination could cast some doubt on this unitary status of Member States, or at the very least it could reveal that it needs nuancing. Whilst diversity and to some extent differentiation or even fragmentation have been part and parcel of the European integration process since its very beginning, several developments invite to a new reflection on membership within the EU and relatedly on differentiation in and outside the EU today. This is what the contributions to this edited volume propose"-- Provided by publisher.

"The book provides an in-depth analysis of the challenges and the opportunities associated with empowering the UN Security Council (UNSC) - the principal UN organ responsible for the maintenance of international peace and security. The book offers reforms to enhance the credibility and improve the performance of the UNSC that can be achieved without amending the UN Charter. The book argues that now is time to restore the Security Council's place at the center of the international legal and political order. The book addresses several areas of possible reform to improve the representative character of the UNSC, empower its elected members, restrain the use of the veto and improve its response to aggression and mass atrocity crimes. The book also explores the UNSC's relations with internal and external partners, including tapping the potential of the UN General Assembly, reinforcing the International Criminal Court and the International Criminal Court as well as strengthening regional cooperation. The book argues that now, more than ever, there is a realistic possibility borne out of the imperative of necessity to meaningfully reform the Security Council so that it can better ensure international peace and security for future generations. The book brings together co-authors from all regions of the world, from a cross-section of diverse disciplines. The book includes a Foreword by a Nobel Peace Prize Laureate and ten chapters contributed by a distinguished list of authors including several current and former UN ambassadors, former senior UN officials as well as notable lawyers, practitioners and academics"-- Provided by publisher.

"Providing a comprehensive and timely overview of the evolving landscape of space law, this Encyclopedia emphasises the importance of international collaboration in maintaining outer space as a peaceful domain. This Encyclopedia illustrates how the demise of the bipolar world order changed the paradigm of international legal developments in outer space activities, whilst the need to guarantee the security, safety, and sustainability of space remained unchanged. The rise of the private space industry necessitates new legal approaches that balance the fast pace of technological advancements with the needs of all stakeholders, including operators. This can be seen in various licensing regimes which seek to foster innovation while at the same time preserving national interests. The Elgar Concise Encyclopedia of Space Law is an essential resource for students, academics, and practitioners of public international law and transport law, as well as for policymakers and stakeholders within international aerospace organizations and academies. Key Features: Over 80 entries written by leading scholars and practitioners from five continents. Addresses the complexities of space law including suborbital flights, cybersecurity, space resource utilization, and the prospect of lunar settlements. Explores the rise of private space ventures, technological advancements, and the challenges they pose to existing legal frameworks"-- Provided by publisher.

Analyzing trends in American disinformation and conspiracy, Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the "Constitution of Knowledge"--our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch posits a defined understanding of truth and free inquiry, with discussion of how and why they should be defended.

"In Tackle Football and Traumatic Brain Injuries, Daniel S. Goldberg explores the connections among traumatic brain injury, collision sports, and the industry's continuing efforts to manufacture doubt. Focusing especially on youths and adolescents--the most vulnerable population that comprises over 99% of tackle football players in the US--Goldberg addresses the ethical and social implications of their participation in tackle football. Goldberg discusses the true scope of the danger and the costs to society and individuals of caring for injured participants. If these risks were to become widespread public knowledge, the profitability and perhaps even the viability of American football would be at risk. As the tackle football industry has consistently worked to mask the health hazards involved in playing football, it has used a particular tool that has proved highly effective in achieving this subterfuge: the manufacture of doubt. Goldberg advocates for using public health laws as a tool for countering these efforts at obfuscation, and he outlines specific policy proposals intended to address the population health and ethical problems presented by tackle football. The book draws on public health ethics, public health law, and the histories of occupational and public health to assess the limits of parental choice to expose their children to risks of injury. Should kids play tackle football at all--and who decides if they should? Goldberg offers practical answers to these critical legal, ethical, and social questions."-- Provided by publisher.