Recent Acquisitions at the Marquette Law Library

Drone pilots who carry out targeted assassinations. Undocumented immigrants who man the "kill floors" of industrial slaughterhouses. Guards who patrol the wards of the United States' most violent and abusive prisons. Press offers a paradigm-shifting view of the moral landscape of contemporary America through the stories of people who perform society's most ethically troubling jobs. He shows that we are increasingly shielded and distanced from an array of morally questionable activities that other, less privileged people perform in our name. These burdens fall disproportionately on low-income workers, undocumented immigrants, women, and people of color--and are one of the hidden costs of inequality in America

"Behind today's headlines of billionaires taking over our government is a secretive political establishment with long, deep, and troubling roots. The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But businessmen like the Koch brothers did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect--the Nobel Prize-winning political economist James McGill Buchanan--and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority. A chilling story of right-wing academics and big money run amok, Democracy in Chains is not only a revelatory work of scholarship, but also a call to arms to protect the achievements of twentieth-century American self-government and democracy itself." -- back cover.

"After five decades of punitive expansion, the entire U.S. criminal justice system (mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more) faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, critical race theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system"-- Publisher's website

"American government was quite modest at the beginning of the 20th century. Then tectonic events like the Great Depression, World War II, and the Cold War led to the rise of 'big government.' Congress sought to preserve its power over this burgeoning bureaucracy. It created its own management bureau, criminalized agency lobbying, closely monitored presidential management, limited agency PR, and strengthened legislative liaison duties of cabinet departments. These initiatives weren't always successful. In the 21st century, conservatives have challenged this 'administrative state.' They argue bureaucrats have too much power and want Congress (and the Supreme Court) to re-assert control. This book provides the historical context for this controversy. Whether readers approve or disapprove of the rise of American bureaucracy, this book recounts how things got to this point."--Back cover.

"Exploring the rationales behind legal anger, its logic and origins, this book draws on the perspectives of judges and prosecutors in Italy, Sweden, the USA, and Scotland. When do judges and prosecutors become angry in court, what do they become angry about, and which other emotions open up for anger? Anger brings people to court and is essential in evaluating wrongdoing and attributing blame, but at the same time anger is seen as a threat to well-reasoned and just decision-making. Drawing on observations, interviews, and shadowing of legal professionals, the text demonstrates how anger is entangled with legal thought and comes into play in legal practices. By comparing the workings and displays of anger found in different legal systems and emotional cultures, the book elucidates assumptions about law, morality, truth, and emotions that we commonly take for granted. Rational Anger will be of great interest to students and scholars of criminology, criminal justice, sociology, law, social psychology, and organisation studies"-- Provided by publisher.

"Considers balancing free speech and containing dangerous online content to reduce risks of digital platforms during elections, pandemics or everyday social interactions. Offers an interdisciplinary approach with insights from different geographies and parallel challenges of managing global phenomena with national policies and regulations"-- Provided by publisher.

"This book is an empirically grounded, critical engagement with the politics of immigration detention and deportation. Focusing on the constitutive tensions and political generativity within the activist practices of the anti-detention movement, this book examines the distinction between representational and post-representational political sensibilities. Representational politics centres on representing the interests of disenfranchised people to the state and public and operates primarily within the regime of immigration law. Post-representational politics focuses on working collaboratively with those in detention, to resist and challenge the deportation system. Since representational politics is the predominant political imaginary of migrant rights campaigning, the book focuses on illustrating and evaluating the role of post-representational politics. The book argues that the concept of post-representational politics is important for understanding and participating in radical opposition to state racism. This argument rests on the expanded possibilities it motivates of engaging with and resisting institutions that are poised to co-opt resistance; the attention it fosters to the situated power dynamics of political activities that collaborate with imprisoned people; and its sensitivity to the politically and conceptually generative capacities of everyday, embodied practices of resistance. To make this argument, this book employs innovative methodology to illuminate and engage with the practice-based thinking of activist movements about the concepts of solidarity, hospitality, witnessing and accountability. This book will be of interest to scholars and activists with interests in socio-legal studies of immigration and refugee law, as well as others in social movement studies, critical legal studies, border criminology and critical theory"-- Provided by publisher.

"Over recent decades, the decline of trust, mounting of fears, and increasing denial of science appear as a marked shift of societal attitudes towards many institutions and professionals. This book analyses these developments and looks at their role in medicine and healthcare, both in terms of the patient-physician relationship and for delivering high-quality healthcare, in order to establish why we need trust and what can be done to restore it. The book begins by offering a conceptual analysis and definition of trust, using a 'pattern definition' based upon typical features and common usage of the term, as well as the related concepts of hope, fear, and belief. It charts evidence for the decline of public trust in various professions, and then looks at the causes, as well as the accompanying growth of fear and the rejection of science. The study addresses possible options for restoring trust in medicine and healthcare, be it in individual physicians, in hospitals, or in managed care institutions. Written jointly by a medical doctor and an academic specialising in Biomedical Ethics, the book will be of interest to those working in the areas of Biomedical Ethics and Law, Medicine and Healthcare, Public Health, Philosophy, Sociology, Politics and Psychology"-- Provided by publisher.

"Olympic Laws: Culture, Values, Tensions is the first book to analyse fully the Olympic legal framework and its application to the IOC and the Olympic Games through a socio-legal lens. It opens up a new window into understanding the Olympic Games, across recent iterations of the Games and on to future Games. This is essential reading for any student or researcher with an interest in Olympic studies, sport law, or socio-legal studies, or any practising lawyer or events professional looking to better understand the impact and institutions of mega-events"-- Provided by publisher.

"The Routledge Handbook on Sports Law and Governance provides a definitive guide to the regulation of international and national sport through the lens of both regulatory, governance and legal frameworks. Over the past several decades, law, regulation, and governance associated with international and national sport has grown exponentially, aligned with professional and elite level sport development. The organisation and sophistication of international and national sporting competitions creates an environment where pressures such as the sports ethic and strong incentives to win give rise to both novel problems and reoccurring themes. Exploring a wide range of perspectives across disciplines and transcending jurisdictional boundaries, the handbook analyses complex international and national sports challenges. Taking a nuanced approach to traditional themes, it recognises the context and sport as a regulatory domain when applying law and legal frameworks. This book is an essential resource for students and academics exploring issues in international and national sports law, sports regulation and sport governance"-- Provided by publisher.

"Abstract: There has been some valuable literature on historical dimensions of English administrative law. There is, however, no general history of administrative law, which stands in marked contrast to the wealth of historical literature on constitutional law. There is a certain 'flawed logic' in this absence. The prevailing view is that administrative law was only really established in the mid-20th century, some venturing back to the late 19th century, from which it follows that you cannot write a history on something that does not exist. This picture is derived from Dicey. It is wrong and badly so. The reality is that administrative law developed from the mid-16th century in response to the plethora of regulatory legislation extant at that time and thereafter. This book explains the regulatory and administrative landscape from the mid-16th century to the end of the 19th century, the administrative law doctrine developed by the courts and continuity and change in the 20th-21st centuries"-- Provided by publisher.

"The Inter-American Court of Human Rights has the most developed jurisprudence on indigenous rights, yet this case law is understudied. This book addresses this gap by exploring the Court and its cases from both the perspective of international law and the legal protection of indigenous territories. Setting out the network of actors and institutions involved in such litigation, it examines the motivations and constraints in domestic politics affecting international orders (and by extension the impact of the Court). It provides both an important statement on the effectiveness of international tribunals and a fascinating insight into the evolution of indigenous rights"-- Provided by publisher

Dartmouth College v. Woodward examines the landmark case decided by the United States Supreme Court in 1819 after New Hampshire's state legislature attempted to amend Dartmouth's charter to place the college under greater public control. Adam R. Nelson interprets the case not only as one about higher-education governance or American corporate law in an emerging constitutional order, and not simply as a case about the Marshall Court's preference for "private" over "public" initiative as the primary driver of social and commercial development. More fundamentally, Nelson uses the case to illustrate a broad ideological shift from commonwealth republicanism to market liberalism in both education and jurisprudence during the early nineteenth century. The question at the heart of the case was: should Dartmouth College be subject to legislative authority? This book finds that when the state court said "yes" but the US Supreme Court said "no," the divergence between these decisions stemmed not only from different applications of the contracts clause but also from disagreements about the degree to which core institutions in a democracy--whether colleges or churches or companies--should be overseen or regulated by political majorities. Implicit in the Dartmouth case, though never clarified, was the question of whether higher education was a private or public good, and thus whether colleges are better off under private or public control. By choosing the private path, Dartmouth reinforced a gradual privatization of what might otherwise have been considered public goods. Americans today live with the consequences of this decision. A landmark in American corporate law, the Dartmouth College case has been cited in a wide variety of subsequent decisions, including Citizens United (2010) and Burwell v. Hobby Lobby Stores (2014). Adam Nelson's informative work provides an accessible introduction to this important piece of American legal history. -- dust cover

"We hope that reading this book has made you more confident and better prepared for law school. More than that, though, we hope it has excited you about the prospect of becoming a lawyer. You should take pride in your decision to go to law school you are entering a noble profession. Lawyers are the conscience of our society, using their skills to make society better and more just. They are often leaders in their communities, large and small. Most of the men who wrote the U.S. Constitution were lawyers"-- Provided by publisher.

"This thought-provoking guide examines artificial intelligence from practical, legal, and policy perspectives. Precise understanding of new technology like AI can lead to more practical incorporation into our lives and better rules for managing AI's workplace changes. The guide challenges lawyers to think about AI and its impact on law and society. Thinking like a lawyer about artificial intelligence leads to a better understanding of how to effectively and appropriately use AI, assess the risks, and identify policies to address the risks that technology creates. This thought-provoking guide helps lawyers, policymakers, executives, and others understand not just the technology of artificial intelligence, but the significance of AI for everyone. Throughout the book, the author portrays AI as a series of predictive tools defined by functionality. Because AI performs many tasks in different fields, lawyers can consider which AI functions can be grouped by legal impact, generating operational problems, biased decisions, and intellectual property issues. This book suggests how several of these functional categories can be examined and regulated. Written by industry leader, Ted Claypoole, this book begins with "What is artificial intelligence?" and examines why lawyers need to think differently about AI. He addresses different categories of AI such as generative, decision-making, personal identification, military, physician action, and the interesting question of whether AI should receive legal rights. The guide includes developing policy for novel AI problems and ends with a detailed discussion on lawyers using AI and ensuring compliance with professional rules of conduct." -- publisher's website

"In a nation whose Constitution purports to speak for "We the People," too many of the stories that powerful Americans tell about law and society include only We the Men. America's dominant modes of forgetting about women help perpetuate women's inequality, rationalizing the status quo, promoting complacency, and undercutting reform. I argue that remembering women's stories more often and more accurately can help the nation advance toward sex equality"-- Provided by publisher.

"The new fourth edition of Questions & Answers: Contracts contains additional, entirely new questions since the previous edition. The fourth edition contains new chapters on the Scope of UCC Article 2 and UETA (the Uniform Electronic Transactions Act), topics that will be tested on the new NextGen bar exam. Understand better what you're learning in a contracts class by applying concepts as you learn them and prepare more effectively for exams and the bar exam. This study guide includes 203 multiple-choice and short-answer questions covering both common law contracts and the Uniform Commercial Code. These questions are arranged topically for ease of use during the semester. In addition, there is an additional set of 47 questions comprising a comprehensive "practice exam." All questions are written in the format used on the traditional bar exam, with some using the format of the new NextGen bar exam. For each multiple-choice question, Professor Burnham provides a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professor Burnham provides a thoughtful, comprehensive, yet brief model answer"-- Provided by publisher.

Representing the Project Owner: A Construction Lawyer's Guide is a practical and accessible guide written to help lawyers new to the practice of construction law learn the unique issues, considerations, and complexities involved in advising the project owner. -- In the field of construction law, understanding the unique issues, considerations, and complexities of the Owner's role in the construction process can be daunting for practitioners new to this area of practice. Representing the Project Owner: A Construction Lawyer's Guide is a foundational guide - written by seasoned construction attorneys and consultants - to serve a starting point for further exploration and study of the topics covered from the Owner's perspective. -- The book covers important stages of the project life cycle - from initial formation of the Owner's team through dispute resolution - all approached from the perspective of the project owner with the intention of assisting Owner's counsel to identify issues, appropriately and constructively approach risk allocation, and effectively bridge legal issues with other project participants. The book is filled with insights and strategies that newcomers to the field, as well as seasoned Owner's counsel will find useful. Topics covered in the book include: - Assembling and contracting with the Owner's project team - Evaluating alternative contract structures - Selecting and negotiating the right contract form - Insurance coverages issues from the Owner's perspective - Construction project funding and financing - Overview of project cost, scheduling, and other project controls topics - Strategies to bridge the gap on common legal issues between the owner, designer, and contractor - Managing and responding to construction defects, and more -- The legal principles and practical advice covered by the authors on these and other topics will benefit anyone involved representing the Owner. provided by the publisher.

"In this bold fourth edition, Lindsay F. Wiley builds on the foundation laid by Lawrence O. Gostin to define public health law and ethics for a new generation of leaders and scholars. Their examination of the scope and limits of governmental powers and duties to protect the public's health takes on new urgency in light of the devastation caused by the 2020 coronavirus pandemic and the stark inequities it revealed. Their insistence that social justice must be prioritized as a core value of public health ethics animates their analysis of communicable disease control strategies, chronic disease prevention programs, the opioid overdose and gun violence crises, and more. They elucidate what is at stake for the public in legal debates regarding the regulatory powers of administrative agencies, erosion of local government autonomy by state legislatures, and tensions between federal and state officials over safety-net programs. They focus particularly on the role of the courts in striking down popular laws and policies, boosting religious liberty and gun rights, and eroding protections for fundamental rights to sexual and reproductive freedom and racial and gender equality. The book creates an intellectual framework for ensuring that public health interventions are evidence-based and consistent with ethical values. Its incisive analysis of challenging trade-offs between individual rights and collective needs reveals complex answers to the essential question of what fellow community members owe each other when it comes to health"-- Provided by publisher.

"This book is the first to trace the fascinating story of how laws and ethical codes have co-evolved with the nation's military science pursuits, dating back to the founding of the United States. It details scores of examples where untoward conduct has been rationalized as necessary to promote national security and achieve military goals. This includes hazardous research on unsuspecting individuals, field tests across the country with atomic, biological, and chemical weapons, and the creation of biomedical enhancements that are poised to become essential elements of military missions. Due to secrecy mandates, governmental immunities, and lackluster healthcare, many individuals injured by these actions have been left without legal remedies or adequate means to address their injuries. The book shows how the drive for scientific and military superiority has shifted the moral compass of government and society. Without passing retrospective judgment, it details the moral calculus conducted by decision-makers at key moments in military science. This analysis reveals that officials were keenly aware of ethical dilemmas, but nonetheless chose to engage in risky-and sometimes unlawful-activities to further pressing national security goals. Coupled with this historical reflection, the book recommends policies that harmonize contemporary national security concerns with fundamental principles of justice, fairness, and human dignity. It introduces the concept of jus in praeparatione bellum-justice in war preparations-a doctrine of restraint and responsibility that aims to elucidate just and unjust means of preparing for war, and applies the doctrine to contemporary military science pursuits"-- Provided by publisher.

This handbook provides step-by-step guidance on dealing with the medical-legal issues involved in litigating a nursing home case for both plaintiff and defense lawyers. It also provides guidance to nursing home administrators on how to avoid liability and improve quality through regulatory compliance. -- Chances are you or someone you know will someday become a resident in a nursing home. Chances are you know someone in a nursing home right now. -- The nursing home industry is valued in excess of 150 billion. The United States has over 15,000 nursing homes serving over 1.2 million people. Many of those residents suffer from serious medical or cognitive issues, leaving them especially susceptible victims of harm. And, as our population continues to age, those numbers are almost certain to increase. It should come as no surprise, then, that nursing home litigation is an ever-growing area of law with settlements and verdicts that can reach millions of dollars on behalf of injured residents and their loved ones. This book aims to guide potential practitioners in nursing home litigation through the many decisions and challenges of bringing a nursing home case. What is the motivation for corporations to enter the nursing home industry? Why do abuse and neglect occur in nursing homes? How do we recognize abuse and neglect in potential cases? What are potential causes of action? What are likely defenses to claims against nursing homes? Who should be named as defendants? How are the Centers for Medicare and Medicaid Services involved? Litigating the Nursing Home Case, Third Edition seeks not only to address those questions, but also to serve as a reference to relevant regulations and cases to aid an attorney before and after suit has been filed. from the publisher.

Contents: Introduction: The role of the courts in affirming fundamental human rights as essential to democracy -- Litigating the politics of religious conservatism in public life -- US education culture wars : freedom of expression, race, gender and revisionist history -- The abortion culture war and de-democratization : states as final arbiters of fundamental human rights and the privatization of abortion restriction enforcement -- US education culture wars : the right in a democracy to exposure to a plurality of views -- Selected US culture wars involving the scope of authorities of competing sovereign powers : the Court's role.

"It seemed like a throwaway line in a forgettable opinion: In 2019, Supreme Court Justice Clarence Thomas raised the prospect of challenging the legendary Warren Court decision New York Times v. Sullivan. Though hardly a household name, Sullivan is one of the most consequential free speech decisions, ever. Fundamental to the creation of the modern media as we know it, it has enabled journalists and writers all over the country-from top national publications to revered local newspapers to independent bloggers-to pursue the truth aggressively and hold the wealthy, powerful, and corrupt to account. Thomas's words were a warning-the public awakening of an idea that had been fomenting on the conservative fringe for years. With that opinion, Thomas took mainstream the ongoing, secret efforts of right-wing politicians, activist lawyers, and moneyed elites who had been seeking to overturn Sullivan in order to muzzle the media and their critics. From the Florida statehouse to small town New Hampshire to Donald Trump himself, this movement consists of powerful individuals who believe they should be above scrutiny-and are using threats, subterfuge, and legal warfare to get their way. In this masterwork of investigative reporting, David Enrich, New York Times Business Investigations Editor, traces the roots and reach of this new threat to our modern democracy. Laying bare the stakes of losing our most sacrosanct rights, Murder the Truth is a story about power-the way it's used by those who have it, and the lengths they will go to avoid it being questioned"-- Provided by publisher.

"The 13th edition of The Law of Tax-Exempt Organizations compiles all of the latest pertinent statutes, regulations, rulings, and court opinions into a single authoritative resource. Written by renowned authors and legal experts Bruce R. Hopkins and Shane Hamilton, this book uses accessible language and extensive tabular information to allow for easy navigation and quick reference. A companion website provides seven additional online resources, including Cumulative Tables of IRS Private Letter Rulings, Technical Advice Memoranda, and Counsel Memoranda"-- Provided by publisher.

"Since the 1960s, the Supreme Court has enabled mass incarceration through rulings that violate constitutional curbs on pretrial detention, coercive plea bargaining, excessive sentences, and other forms of state overreach. Detailing their flaws, Rachel Barkow argues that a Court committed to constitutional rights must overturn these precedents"-- Provided by publisher.

"This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law"-- Provided by publisher.