Recent Acquisitions at the Marquette Law Library

"Whatever sense of hope the Founder Fathers may have felt at the new government's birth, almost none of them carried that optimism to their graves. Franklin survived to see the Constitution in action for only a single year, but most of the founders who lived into the nineteenth century came to feel deep anxiety, disappointment, and even despair about the government and the nation that they had helped to create. Indeed, by the end of their lives many of the founders judged the Constitution that we now venerate to be an utter failure that was unlikely to last beyond their own generation. This book tells the story of their disillusionment. The book focuses principally on four of the preeminent figures of the period (1787): George Washington, Alexander Hamilton, John Adams, and Thomas Jefferson. These four lost their faith in the American experiment at different times and for different reasons, and each has his own unique story. As Rasmussen shows in a series of three chapters on each figure, Washington became disillusioned above all because of the rise of parties and partisanship, Hamilton because he felt that the federal government was not sufficiently vigorous or energetic, Adams because he believed that the American people lacked the requisite civic virtue for republican government, and Jefferson because of sectional divisions brought on (as he saw it) by Northern attempts to restrict slavery and consolidate power in the federal government. Washington, Hamilton, Adams, and Jefferson were the most prominent of the founders who grew disappointed in what America became, but they were certainly not the only ones. In a final chapter Rasmussen shows that most of the other leading founders-including figures such as Samuel Adams, John Jay, James Monroe, and Thomas Paine-fell in the same camp. The most notable founder who did not come to despair for his country was the one who outlived them all, James Madison. Madison did harbor some real worries but a final chapter also explores why Madison largely kept the republican faith when so many of his compatriots did not"-- Provided by publisher.

"Sunbelt Capitalism and the Making of the Carceral State examines the revolution of southern criminal punishment from Jim Crow to the dawn of mass incarceration, charting this definitive era of carceral transformation and expansion in the U.S. South. The demise of the county chain gang, the professionalization of police, and the construction of large-scale prisons - built one right after the other for decades - were among the sweeping changes that forever altered the southern landscape and bolstered the region's capacity to punish. What prompted this southern revolution in criminal punishment? Kirstine Taylor argues that crisis in the cottonfields and the arrival of Sunbelt capitalism in the South's rising metropolises prompted lawmakers to build expansive, modern criminal punishment systems in response to Brown v. Board of Education and the Black freedom movements of the 1960s and 70s. Taking us inside industry-hunting expeditions, school desegregation battles, the sit-in movement, prisoners' labor unions, and policy commissions, this book tells the story of how a modernizing South became the most incarcerated region in the globe's most incarcerated nation"-- Provided by publisher.

"A comprehensive bibliography of historical studies of legal literature published in English from 1921 to 2022"-- Provided by publisher.

"This book offers practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress. Drawing on the latest research in neuroscience and psychology, it provides actionable information to help readers thrive amidst the demands and stressors of the legal profession"-- Provided by publisher.

"Drawing on recent work in legal theory, AI and law, this book develops a new account of precedential constraint as well as the balance achieved in the common law between constraint and freedom and applies a theory grounded in defeasible logic to legal reasoning and legal decision-making"-- Provided by publisher.

"Recently, a rising number of countries have turned away from democracy and human rights and the rule of law has been in retreat. The book defines the rule of law, assesses recent trends in its practice, and offers in-depth analysis of developments in international context and in key countries"-- Provided by publisher.

"Sustainable development is so important that humanity must do its utmost to achieve these goals for the well-being of the present and future generations. WTO members have started to reform WTO rules since the WTO's Buenos Aires Ministerial Conference in 2017. The book describes a possible bright future for readers: WTO members can integrate the UN SDGs into WTO law (i.e., create sustainable trade rules) by establishing a sustainable development club and constitutionalising the WTO. " -- Publisher's website

"Esports Law and Practice serves as an authoritative guide to the rapidly expanding field of esports law. This comprehensive work provides detailed analysis of all aspects of this complex and multifaceted sector. It delves into the history and development of the evolving legal landscape, offering practical insights into the challenges and opportunities that esports presents. Key Features: Explores the relationship between esports and traditional sports Provides a comprehensive overview of integrity and governance issues in esports Covers dispute resolution mechanisms in the context of IP matters and investor-State disputes Delves into key topics such as mergers and acquisitions, antitrust issues and tax considerations Analyses governance structures and regulatory challenges, including the regulation of loot boxes, match-fixing, doping and employment contracts Highlights the importance of intellectual property rights and examines the critical role of copyrights, trademarks and trade secrets in the esports industry Esports Law and Practice is an indispensable resource for legal professionals specializing in esports and sports law. Practitioners in intellectual property law or international arbitration dealing with esports cases will find the book's detailed guidance on regulatory issues, disciplinary actions, and dispute resolution methods particularly beneficial. Policymakers, regulators, investors, business strategists, academics, and students interested in these legal areas will also find the work's theoretical and practical insights invaluable"-- $$c Provided by publisher.

"This book analyzes the law and politics in the peaceful use of nuclear energy. The inalienable right as provided for in Article IV of the Treaty on the Non-proliferation of Nuclear Weapons (NPT) has unexpectedly been an interpretation riddle, which has brought about many controversies among NPT Party States, like those in the 1970s between the U.S. and its allies, and today in the Iranian nuclear problem and in the North Korean nuclear crisis. This book offers a detailed review and analysis of the lifetime of the norm on the right to the peaceful use of nuclear energy: what factors give rise to a possible design of the dynamic treaty obligation, how they are made in drafting the relevant treaty provisions, and how subsequent practice plays a role in the interpretation. The usefulness of the general rule of interpretation is also challenged in this book, and an interdisciplinary perspective on interpretation is otherwise proposed to better understand the interplay of the law and politics in the nuclear nonproliferation regime." -- Provided by publisher.

"Law in a Culture of Theology: The Use of Canon Law by Parisian Theologians, ca. 1120-ca. 1220 considers the study of law within its intellectual environment. It demonstrates that theologians associated with the schools of Paris in the twelfth century, particularly Peter the Chanter and his circle, had a working knowledge of Romano-canonical tradition and thought about the human context of the law, which, in turn, reflected the environment in which each master worked. It begins by showing the extent to which law was woven into the fabric of the schools of Paris, and follows with individual case studies. These case studies-marriage in Hugh of St. Victor's De Sacramentis and Peter Lombard's Sententiae, excommunication in Peter the Chanter's Summa de Sacramentis et Animae Consiliis, crusade activity and heresy in Robert of Couçon's Summa penitentiae, homicide in Robert of Flamborough's Liber poenitentialis, and the faces of greed in Thomas of Chobham's Summa confessorum-demonstrate how each theologian drew upon legal thought, for what end he was using it, and how his use of law fit into contemporary legal thinking. A competency in law proved valuable to, and was tailored for, administrative roles as teacher showing students how to analytically navigate complex questions of pastoral care, papal judge-delegate on the cusp of full-time administration on behalf of the papacy, penitentiarius of St. Victor and the students at the University of Paris, or diocesan management. This book will be a useful resource for all students and researchers interested in medieval canon law, medieval theology and pre-modern law"-- Provided by publisher.

"The organization of this book generally follows the organization of typical first-year legal writing courses. Most courses first cover objective or predictive writing, asking students to write office memos, and then cover persuasive writing, asking students to write motions and briefs. We've also included a section on revising and rewriting because those skills are necessary to all good writing"-- Provided by publisher.

"'The First 125 Years: An Illustrated History of the Association of American Law Schools' chronicles the development of AALS from the moment of its creation through today. It traces the growing number of AALS member schools; profiles the breadth of AALS contributions to scholarship, teaching, and law school curricula; and describes how AALS grew from a 'good old boys' network' to a democratized organization that not only embodies but champions core values of excellence, integrity, diversity of viewpoints, and devotion to justice and public service. Led by former AALS Executive Director Judy Areen with co-author Jean Waterman, 'The First 125 Years' is the first detailed history of the association and features archival photos from many of our member schools" -- Publisher's website.

"This may be the course in law school in which there is the most variation in subject matter and emphasis. Torts is torts, evidence is evidence, but students are often unsure of the scope of a course in professional responsibility. This identity crisis is revealed in the variety of course titles used by schools: professional responsibility, the legal profession, lawyers and clients, legal ethics. There seem to be at least two distinct subjects wrapped up together under the label of professional responsibility, one having to do with law, the other having to do with standards of right and wrong that are independent of the law. The American Bar Association (ABA) insists that all accredited law schools require a course in the "history, goals, structure, duties, values, and responsibilities of the legal profession and its members." ABA Standards for Approval of Law Schools, Standard 302(b). This language is pretty broad, and a wide variety of courses can be offered that satisfy the ABA's requirement, as long as the course includes some instruction about the ABA Model Rules of Professional Conduct. Owing to the flexibility of the ABA's standard, and the fact that law professors have many different approaches to the study of the legal profession, you could conceivably study the rules of professional conduct or the law of malpractice and litigation sanctions, or you could take an interdisciplinary approach borrowing from literature, films, moral philosophy, sociology, or theology, in a course called professional responsibility"-- Provided by publisher.

"We are pleased to provide an updated and revised seventh edition of Family Law: Examples & Explanations. Each of the 24 chapters features recent developments in family law, and includes hundreds of hypothetical examples and explanations, most of which are based on fact patterns taken from actual cases. Because new developments in family law often reflect underlying societal changes in family structure and demographics, this volume incorporates empirical research and census data that are likely to be of interest to the reader"-- Provided by publisher.

"The first three chapters of this book introduce and articulate basic concepts about contract law and the American legal system. Many of the principles and concepts introduced in these three initial chapters appear frequently throughout the book. The purpose of including them here is to form a grounding for legal analysis and to identify themes that run through contract law. This discussion emphasizes that learning the law is more than learning rules. Rules do not exist in a vacuum but must be understood in light of historical perspective, public policy, legal theory, and the legal process." -- Provided by publisher.

"Securities Regulation is said to be among the toughest courses in law and business schools. This is not surprising: its vocabulary is arcane and clubbish, its guiding principles are nuanced and contradictory, its structure is convoluted and layered. Like an M.C. Escher print, the subject flashes back and forth between the esoteric and the prosaic. Student-friendly and engaging, this best-selling text--also used by Wall Street lawyers and SEC staffers as a reference book--offers an overview of federal (and state) securities regulation and illustrates the topic with practical applications." -- publisher's website

"How and why the US government withdrew from its formal supervision and control of ICANN, the global coordinator of Internet names, numbers, and protocols"-- Provided by publisher.

"Environmental law is everywhere and influences every type of law. This book will help you decipher and understand the complex multitude of issues, statutes, agency regulations, and court decisions that make up environmental law. It breaks down the primary topics of environmental, land use, climate change, and energy law into key concepts and rules, and then it reassembles them in a format that makes them easier to work with. ... Each chapter is intended to ground you in the technical, legal, scientific, and policy aspects of real-world environmental law practice. In addition, each chapter provides questions with answers, or Examples and Explanations, that place you in the position of counsel to corporations, environmental groups, the government, or lenders, and in the position of prosecutor or environmental policymaker, to help you see how the law applies in real situations. This information is detailed enough to provide a complete foundation even for advanced-level environmental, land use, climate change, and energy law courses." -- preface.

"A guide to the legal issues that arise in all corners of the music industry, with particular emphasis on the decisions faced by songwriters and performing artists throughout their careers. The book covers all relevant aspects of copyright law, such as authorship, termination rights, re-recording rights, infringement, and fair use. It gives detailed attention to the roles of publishers, rights administrators, record labels, PROs, SoundExchange, and the new Mechanical Licensing Collective, and explains the array of contracts that are crucial to music exploitation, including publishing agreements, recording contracts, mechanical licenses, synchronization licenses, public performance licenses, and master recording licenses. The complex licensing scheme that applies to streaming platforms is explained in a user-friendly manner. Key aspects of trademark law are considered, including the ownership of band names. The book also explores an artist's right to prevent the misappropriation of his or her personal identity, including name, likeness, and voice, and addresses topical issues and legislative developments related to artificial intelligence, postmortem rights, and digital replicas. Where the assertion of intellectual property rights threatens artistic freedom, First Amendment protection for creative expression receives thorough attention"-- Publisher's website.

“With our nation divided and our Constitution and rights under daily siege, now is the time to understand the ‘why’ and the ‘how’ of the system of rights and government established by the Constitution. Preventing tyranny was key in creating the new system. No tyrants, no despots: instead, a system of rights, separate powers, checks and balances. Why and how did Americans conceive a republic built on individual liberty, in an era of oppressive monarchies? The book is concise and to the point. The author tells the story of how the founding charters of the American colonies contained the seeds of American rebellion in the 1760s and 1770s; and of how partial independence as British colonies, the innovations in the first American constitutions (the State constitutions), and the failure of the States’ first attempt to federate, all influenced the Framers in drafting the final Constitution. The book also describes how the American Revolution was shaped by the English revolutions of the 1600s, which led to a new English constitution, under which Parliament and the English people had many powers and rights which superseded the King’s.” -- Amazon.com

"In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is a surprisingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of cases in which a court - usually the U.S. Supreme Court - has been asked to decide whether certain government decisions or practices are invalid because they violate the requirements of the Constitution. This process by which courts rule on the constitutionality of actions taken by federal and state officials is known as judicial review"-- Provided by publisher.

"Examples & Explanations for Constitutional Law: Individual Rights provides a clearly written, comprehensive examination of constitutional doctrine pertaining to individual rights. This problem-oriented study guide provides students and teachers with a highly readable and accessible study of constitutional law. Both this book and its companion volume, Examples & Explanations for Constitutional Law: National Power and Federalism, combine detailed textual material with real-world examples and explanations that apply the relevant constitutional doctrine to specific fact patterns. The text operates as a readable and citable treatise on the topics covered, and the examples and explanations serve as an elaboration on that text."-- Provided by publisher.

"December 13, 2023, marked the one-hundred-year anniversary of the ERA's first introduction in Congress. The time is ripe for revisiting how women across generations have argued that gender equality might reshape and reimagine our democracy. Ours is an edited collection of primary texts debating the ERA over the past century. In contrast to narratives that begin with passage of the Nineteenth Amendment and then propel us forward to the 1970s, this volume comprehensively surveys women's arguments about the ERA from its inception through the present day. Together and apart, these texts reveal the nuanced, complicated, and sometimes contradictory ways that women have contemplated the question of whether we need the ERA. As this next generation forges ahead to keep the ERA alive, we are left to wonder: Will women remain divided on the ERA? Will it take another century to see it enshrined in the U.S. Constitution? The ERA debate, nevertheless, persists"-- Provided by publisher.

"Dignity represents the inherent and equal worth of each one of us. It is how we think about the value of our lives. It's how we think about justice, and about the injustices that cause people to struggle and suffer. In Dignity in America, Erin Daly shows how we can resolve the social conflicts that divide us as a nation by transforming them under the lens of human dignity. It may apply differently in different cultural settings but the core meaning of dignity is both intuitive and universal. It stands for a set of interlocking ideas that focus on each person's need to freely develop their full personality and identity. Using the language of dignity that has already taken root in international law and courts all around the world, Daly shows us how to think about controversies ranging from affirmative action to abortion to climate justice and democracy, with a view toward enhancing our ability to live with dignity. Daly presents dignity as a universal value that transcends partisan debates and, in many cases, shows a clear path to the most just solution of the conflicts that divide us as a nation. She introduces the American voting public to the idea of dignity by posing and wrestling with a series of questions: How can we insist on a politic that really protects human dignity? How can we use it to guide us toward solutions that allow more people to live each day with more dignity? If we pay attention to the core needs of people in society, we can make political choices that better protect us all and allow us to flourish as individuals and live in a community based on justice for all"-- Provided by publisher.

"Administrative law is largely about procedure - the procedure that government agencies must follow in order to take action that affects private parties. Administrative law as taught in American law schools is a basic course that, despite the approximately 19 different casebooks in the field, does not differ greatly among schools or teachers. All the courses focus on federal administrative law, although some may touch on state administrative law in the particular state in which the course is given. All focus on the federal Administrative Procedure Act (APA), rather than on the myriad other federal statutes that govern the various agencies' activities. Moreover, despite the focus on the APA, administrative law courses are invariably taught through the case method, relying almost exclusively on judicial opinions to explicate the law. All cover the procedural requirements agencies must follow in taking various actions; all include the relationships among the branches of government, making administrative law sort of an advanced political science or constitutional law course; and all address how courts review agency action. Government regulation of private conduct and constitutional due process also figures heavily in all administrative law courses"-- Provided by publisher.

"This book is about the federal income taxation of partnerships. A judge on the United States Tax Court once remarked in a judicial opinion that "[t]he distressingly complex and confusing nature of the provisions of subchapter K present a formidable obstacle to the comprehension of these provisions without the expenditure of a disproportionate amount of time and effort even by one who is sophisticated in tax matters with many years of experience in the tax field.""-- Provided by publisher.

"Keith Richotte begins his playful, unconventional look at Native American and Supreme Court history with a question: When did plenary power--the federal government's self-appointed, essentially limitless authority over Native America--become constitutional? When the Supreme Court first embraced this massive federal authority in the 1880s it did not bother to find any justification for the decision, which was rooted in racist ideas about tribal nations. However, by the 21st century, the Supreme Court began telling a different story. It was claiming the U.S. Constitution as the source of federal plenary power over Native America. So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding. More than corrective constitutional history, The Worst Trickster Story Ever Told provides an irreverent synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. Engaging with the story of plenary power from an Indigenous perspective, Richotte shows, opens possibilities that are otherwise foreclosed. Through the genre of trickster stories we are able to imagine a future that is more just and equitable, and that better fulfills the text and the spirit of the Constitution"-- Provided by publisher.

"Learn a few simple rules and amaze your friends. There is much more than that to evidence law, but you do have to learn the basic structure to do well in an evidence course, the bar examination, or actual litigation. And it is only when you understand the explicit doctrines of evidence law that you can spot the sophisticated and complicated ambiguities that remain even after the adoption of a code, the Federal Rules of Evidence."-- Provided by publisher.

"Students may have many reasons to take a course in Remedies. In places such as California, for example, Remedies is heavily tested on the bar exam, and many students feel obligated to take a "bar course." Even in states that do not test Remedies independently on the bar, it is a good bar preparation course because much material from the first year of law school-particularly from Constitutional Law, Contracts, Property, and Torts-gets covered, albeit from a different angle. Other students may take Remedies because they like the instructor teaching it, or because it fits into their schedule. I have run into very few students (though there are some) who take Remedies out of an intrinsic interest in the subject"-- Provided by publisher.

"No matter what kind of law you choose to practice, we are confident that the topics covered in this book will play a central role. Litigators in modern times resolve far more cases through consensual processes than through trial. Transactional lawyers negotiate the terms of deals. Family lawyers and their clients routinely attempt to mediate agreements before turning to a court to impose the terms of a parenting plan or a division of marital assets. Defense attorneys and prosecutors spend considerable energy negotiating plea agreements"-- Provided by publisher.

"Criminal law forces us to confront the most important moral dilemmas of our times. More than most law school courses, criminal law engages our emotions as well as our intellects. This book will encourage that engagement. Many of our examples are taken from current topics of intense public debate such as euthanasia, male rape, self-defense, and even fantasy Internet crime. But the underlying normative challenge of the criminal law--justifying the coercive use of state power against individuals--transcends particular controversies. Indeed, this debate has challenged great thinkers of the past like Plato, Socrates, Aquinas, and Kant. And it will certainly challenge us and future generations. This text keeps that tension in sharp and continuous focus"-- Provided by publisher.

"An essential introduction to the use and misuse of language within the criminal justice system, updated for a new generation. Does everyone understand the Miranda warning? Why do people confess to a crime they did not commit? Can linguistic experts identify who wrote an anonymous threatening letter? Since its first publication, Speaking of Crime has been answering these questions. Introducing major topics and controversies at the intersection of language and law, Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales apply multidisciplinary insights to examine the complex role of language within the US justice system. The second edition features in-depth discussions of recent cases, new legislation, and innovative research advances, and includes a new chapter on who interprets the laws governing linguistic contexts. Thoroughly updated and approachable, Speaking of Crime is a state-of-the-art survey that will be useful to scholars, students, and practitioners throughout the criminal justice system"-- Provided by publisher.

"There is no generally agreed-upon definition of "white-collar" crime. The term was coined by a sociologist who sought to attack the dominant criminological theories of the day that attributed crime largely to poverty and social disorganization"-- Provided by publisher.

"Wisconsin's Marital Property Act has been in effect for more than 40 years, but classifying marital property can still seem like a daunting task. The Marital Property Classification Handbook provides an excellent explanation of the basic rules of property classification. Plus, it teaches a simple five-step analysis for classifying property." -- publisher's website.

"When students are considering whether to read a book about "International Law," quite naturally they wish to know, in general terms, what the subject covers. The dilemma faced by anyone seeking to answer this question is how to convey a broad sense of the subject matter to someone who does not yet grasp the specifics of the subject. Perhaps the best answer would be "wait and see," but that would probably infuriate a good number of potential readers. This introduction will, however, be very brief. The book will then plunge into some of the specific issues addressed by international law with "Examples" and "Explanations." By the end of the book many questions about the nature and application of international law will have been tackled, by which time the reader should have the necessary background to begin to appreciate the underlying concepts of international law and to understand how this area of law operates"-- Provided by publisher.

"This book offers a new, more critical perspective on the regulation and protection of individuals under international humanitarian law. Providing a historical account of the changing concept of individuals since 1864, the study draws on social constructivism, casting a light on the struggle of making sense of, and agreeing on, the position of individuals in armed conflicts, often hidden by international humanitarian law's conventional narratives"-- Provided by publisher

"Space Piracy: Preparing for a Criminal Crisis in Orbit is a forward-thinking resource that considers, analyzes, and provides solutions to the influence of the ignoble side of humanity in the realm of outer space, where potential for crime, corruption, piracy, and war increases as the exploitation of space as a commercial resource continues to develop. This book blends the authors' knowledge with that of subject matter experts to deliver a holistic understanding of criminality in space and help readers broaden their horizons beyond their own area of specialization."-- Publisher description.