Recent Acquisitions at the Marquette Law Library

This book serves as a contextual narrative of the 70-year-long history of the woman suffrage movement in the United States, demonstrating how an important mass political and social movement coalesced into a political force despite class, racial, ethnic, religious, and regional barriers

This book provides readers with a comprehensive overview of the women's suffrage movement and the 19th amendment, coming just as the country celebrates the centenary of the constitutional amendment that finally brought the vote to all American women

There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory's relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty

Contents: AI as a disruptive technology -- Applications of AI and projections of AI impact -- AI U.S. policies and regulations -- Ethics and privacy I : facial recognition and robotics -- Ethics and privacy II : the internet of things (IoT) -- Bias, jobs, and fake news -- Intellectual property rights and AI -- International initiatives in AI

Contents: Genies: bottled and unbottled -- Properties, property and appropriateness of information -- Between truth and power -- Data subjects or data citizens? addressing the global regulatory challenge of big data -- ICT's architecture of freedom -- Freedom of expression, freedom of information and IP rights in the age of ICT -- Hyperhistory, the emergence of the MASs, and the design of infraethics -- Coping with information underload : hemming in freedom of information through decision support

"This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property. Bringing together animal studies and legal philosophy, it articulates a critique of dominant property models and relationships from the perspective of cognitive ethology, domestication science and animal behaviour. In doing so, a radical new picture of property emerges. Focusing on the emergence of property models through prevailing ideas of human domestication and settlement, the book challenges the anthropocentrism that informs standard approaches to ownership and to authorship. Utilising a wide range of examples from ethology and animal studies, the book thus rethinks the very nature of property as uniquely human. This highly original contribution to the fields of property and intellectual property will appeal, not only to legal scholars in these areas, as well as in animal law; but also to legal theorists and others working in the social sciences with interests in posthumanism and animal studies"-- Provided by publisher

Contents: Part I. Rights in property -- Part II. State interference with property -- Part III. Real estate transactions -- Part IV. Remedies

"Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specific solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions"--Page [4] of cover

"This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world"-- Provided by publisher

"This guide provides detailed overviews of the substantive law surrounding restrictive covenants in jurisdictions throughout the Americas, Europe, and Asia"-- Provided by publisher

"Arbitration and the Surety provides a meaningful tool to the surety practitioner to determine whether the surety should or must participate in an arbitration proceeding and what happens if the surety chooses not to do so"-- Provided by publisher

Contents: The Security Council -- The General Assembly -- The Economic and Social Council -- The International Court of Justice -- The Human Rights Council -- A critical appraisal of the Human Rights Council advisory committee -- The commission on the status of women -- The permanent forum on indigenous issues -- The Committee on the Elimination of Racial Discrimination (CERD) -- The Human Rights Committee -- The committee on the elimination of discrimination against women -- The committee on economic, social and cultural rights -- The committee against torture and the subcommittee for the prevention of torture -- The committee on the rights of the child -- The committee on the rights of persons with disabilities -- The committee on enforced disappearances -- The committee on the protection of the rights of all migrant workers and members of their families -- Reform of the UN human rights treaty body system -- The high commissioner for human rights -- Human rights co-ordination within the UN system

"This volumes constitutes a valuable and unique history of the United Nations human rights programme and its secretariat. It offers interpretations of the history of the programme and its secretariat against the background of historical currents such as the Cold War, colonialism and decolonisation, and covers the seminal period during which the programme moved decisively towards human rights fact-finding and the denunciation of violations of human rights, which took place in the latter part of the 1970s and the 1980s. The author was a central player in this period, having served as the Special Assistant to three Directors of the Human Rights Division, and so provides historical materials that only he is aware of, having been at the heart of the action. He also provides snapshots of United Nations human rights leaders from the beginning of the United Nations, all of whom he knew personally, and writes about the contributions of NGOs and NGO leaders who served the cause of human rights with fortitude and determination"-- Provided by publisher

This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizer of transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies - the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model

In the immediate aftermath of the Civil War, federal officials captured, imprisoned, and indicted Jefferson Davis for treason. He faced execution if found guilty for his role in levying war against the United States. Although the federal government pursued the charges for over four years, the case never went to trial. Most historical analyses of the case focus on interpreting the political reasons why that happened by analyzing the reasons in the broadest national contours. According to Robert Icenhauer-Ramirez, these global assessments, while important, do not attempt to discern how the lives and experiences of those individuals responsible for either prosecuting or defending Davis, or those with a direct interest in the outcome, influenced the handling of the case. He argues that while national politics had a role in the direction of the case, it was the actions and decisions of lesser-known men and women that ultimately were responsible for the failure to convict Davis. 'Treason on Trial: The United States v. Jefferson Davis' focuses on precisely why that happened

"Our goal in writing the second edition of this book is to point lawyers to useful and reliable free (and low cost) Internet legal research resources and to explain how to use them effectively so they can become more satisfied using these resources"-- Provided by publisher

"Effective legal writing calls not only for artistry but also for scientific understanding. Legal wordsmiths turned words and phrases into finely tuned aphorisms, just as van Gogh and Matisse turned blank canvases into brilliant combinations of color and light. Unlike most forms of art, however, effective legal writing serves primarily to explain and persuade. You cannot easily explain or persuade without considering how your intended audience will process your words. Thinking about the intended reader is natural. Is your brief going to a court overwhelmed by filings? Is the assigned judge likely to read the brief once or to reread it many times? Are opinions by the assigned judge long or short?"-- Provided by publisher

Contents: The power of rhetoric in Supreme Court opinions -- The rhetorical roots of persuasive legal writing -- Oliver Wendell Holmes, Jr. : literary lion -- Robert H. Jackson : country lawyer with a golden pen -- Hugo Black : master of simplicity -- William Brennan : bridge-builder -- Antonin Scalia : originalist in style too -- Rhetoric and the Supreme Court : past, present, and future

Approximately 60.42% of law school faculty and staff are satisfied or very satisfied with the fairness and transparency of promotion and tenure decisions at their law schools, according to the Survey of Law School Faculty & Staff: Assessment of Law School Leadership.The study presents findings from a survey of 96 faculty members and staff from 72 law schools in North America. The report presents highly detailed data on satisfaction levels with a broad range of law school efforts and characteristics including but not limited to: the law school marketing and student recruitment efforts, recent graduate job placement assistance, policies on sexual harassment and discrimination, cost control and budgeting, law school information technology, provision of help in attracting grants for faculty research, attracting quality students, maintenance of buildings and other physical infrastructure, the quality of legal education, the quality of law school publications, and the overall success of the school’s strategic vision and positioning. -- Amazon.com

This book provides an in-depth training course for the female attorney who wants to have more vocal power, to build instant trust and rapport and have authentic command in all legal situations, including trial work. -- Amazon.com

"This book is designed to walk you through every step of starting a law firm-the right way, and without breaking the bank"-- Provided by publisher

Contents: Five steps to a fair fight -- Beginning a client-lawyer relationship : actual, implied, and prospective clients -- Ending a client-lawyer relationship : former clients -- Court appointments, pro bono, and unpopular clients -- Joint clients -- Insurance defense and other third-party funders -- Entity and government clients -- Clients who morph -- Fees, glorious fees -- Competence -- Control -- Communication -- Confidentiality -- Privilege and work product -- Conflicts of interest -- Getting out : when you must or may withdraw from a representation -- Supervisory and supervised lawyers -- Court orders and court rules -- Crime and fraud -- Bias -- The investigation -- Contacting nonclients -- Discovery -- Dealing with experts -- Negotiations and settlement -- Candor to the tribunal : frivolous claims, expediting litigation, and disclosure obligations -- Tribunal impartiality : fairness, ex parte contact, publicity, and lawyer as witness -- Appeals -- Judicial ethics for lawyers -- Fair fight : legal ethics for litigators

"The purpose of this book is to help you learn how to get the truth about anything from anyone. The reader who applies the principles discussed in this book will learn the effectiveness of the science of the interview. Having acquired this, the reader will then apply the knowledge and techniques as an interviewer, gradually honing the science into a genuine art . . . the art of getting useful, truthful information"-- Provided by publisher

Contents Financial statements overview -- The income statement : revenues -- Income statement : expenses -- The asset side of the balance sheet -- The liability & equity side of the balance sheet -- The cash flow statement -- Interpreting the financials -- What can we learn about a company? -- Introduction to valuation -- The use of comparables -- Calculating the return on capital -- The cost of debt -- The cost of equity -- The weighted average cost of capital -- Valuing the company -- Refinements on the discounted cash flow method and methods derived from it -- Control premiums, minority discounts, and marketability discounts -- Creating value by acquisition -- Adding value to your client's M&A process -- A map for value creation -- Parting thoughts -- Glossary terms and common abbreviations

"This book is primarily intended to help law students learn how to make normative arguments about what the law should be when the legal rules are unclear or outdated. This book categorizes the arguments that lawyers use in debates about ambiguous or contested legal questions. It also explains how judges justify their decisions about what the law should be when the case involves competing values and there are plausible arguments on both sides. The goal is to provide law students a toolkit to help them engage in reasoned arguments about what the law should be"-- Provided by publisher

"This book is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation"-- Provided by the publisher

Contents: History and concept of boundaries -- How boundaries are created -- Ownership, transfer, and description of real property and accompanying rights -- Boundaries, law, and related presumptions -- Creation and interpretation of metes and bounds and other nonsectionalized descriptions -- Creation and retracement of glo boundaries -- Federal and state nonsectionalized land surveys -- Locating easements and reversions -- Riparian and littoral boundaries -- Retracing and "resurveying" sectionalized lands -- Locating sequential conveyances -- Locating simultaneously created boundaries -- Locating combination descriptions and conveyances -- Role of the surveyor -- The ethics and moral responsibilities of boundary creation and of retracements

Contents: Inside the bank foreclosure defense industry -- Advertising -- Conduct toward opposing counsel and parties -- Written arguments -- Preparing for hearings -- The initial client interview -- Special circumstances -- Inside your client's loan -- Loss mitigation -- Motion for sanctions -- The demand letter -- Fair Debt Collection Practices Act -- Notice of appearance -- Vacating a default judgment -- Requirements for service of foreclosure complaints -- Motion to dismiss -- Foreclosures against parties with no interest in the property -- Super-priority liens -- Affirmative defenses -- Discovery -- Summary judgment -- Trial orders -- Bankruptcy -- The Neighborhood Assistance Corporation of America

"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"-- Provided by publisher

"Article 2 of the Uniform Commercial Code governs these and other contracts involving the sale of tangible personal property. Article 2 was drafted through the joint efforts of the National Conference of Commissioners on Uniform State Laws (Uniform Law Commission) and The American Law Institute in an effort to establish a modern, flexible and uniform law governing transactions (i.e., sales) involving tangible personal property. This book provides a background of Article 2 and its objectives"-- Provided by publisher

Contents The banking business model and rise of the financial conglomerate -- The bank regulatory framework and formation and conveyance of regulatory expectations -- Managing banks' risks through a corporate governance framework -- The role of risk management and compliance in micro-prudential capital regulation -- The role of risk management and compliance in micro-prudential oversight -- The role of corporate governance in macro-prudential regulation of systemic risk -- The capital solution to systemic risk : risk management and compliance implications -- The structural solution to systemic risk : risk management and compliance implications -- The role of risk management and compliance in consumer protection regulation -- The role of risk management and compliance in the payments system : AML/CFT regulation -- The future of bank regulation, risk management, and compliance

Contents: Toward understanding life insurance and the risk transfer paradigm shift : some life insurance basics -- Risks of life insurance policies -- Process of managing life insurance policies -- Creditable evaluation of life insurance -- Practical questions and guidelines to acquiring and managing life insurance to avoid a client crisis -- Conclusion -- The box -- Between a rock and a hard place : NAIC regulators : life insurance intermediaries, state and federal regulators -- Buying life insurance to fund estate taxes : toward a more objective decision -- The miracle (and disaster) of compound interest : universal life insurance edition -- TOLI trustee tread tactfully -- Adopting a two-dimensional risk tolerance assessment process : the sorry state of risk tolerance questionnaires for financial advisors -- When to hold life insurance in trust : what type of trust -- Was your client sold the most expensive life insurance policy on the planet? : high net worth (HNW) access to institutionally-priced life insurance for personal asset diversification -- The lapsing life insurance policy crisis : the need for dispute defensible advisor practices and a glidepath to safety, especially for seniors

Discusses who may be sued, on whose behalf, on what grounds, for what damages, in which jurisdictions, and which jurisdiction's law will be applied to the case. It includes law on damages, evidence, and defenses, including: Contributory and comparative negligence; Assumption of risk; Prior adjudication; Settlement or release; and Immunities. In addition, this title provides a review of postjudgment reduction of awards by trial and appellate courts, the effect of statutory limitation of rights and remedies (tort "reform" statutes), strategies for avoiding them or bringing constitutional challenges, and the effect of the U.S. Supreme Court's "constitutionalization" of punitive damages. -- from publisher

Tort reform requires change, but change gives rise to two conflicting factions. The first, sensing inequities in the present tort system, seeks change to level the playing field. The second vehemently opposes change and seeks to maintain the status quo, which provides them with stability and prosperity. While admittedly favoring change, this book points out the merits of both sides of this seemingly never-ending, frustrating controversy, leaving the reader with a choice. -- Page 4 of cover

Contents: Starting a new business -- Preparing a business plan -- Compensation -- Tax aspects of forming and organizing a new business -- Tax reporting and compliance -- Accounting and financial reporting issues -- Financing a business -- Technology and intellectual property rights -- Product development and distribution -- Human resources -- Internet and online business activities -- Marketing and public relations -- Growing a business -- Purchasing and selling a business -- Estate planning for the business owner

"This book is designed for the estate planner who is considering the most appropriate way to achieve his or her client's goal of transferring wealth to younger family members. Although it covers both tax and nontax considerations, its major emphasis is on the tax considerations, covering choosing the business entity and comparing the various entities that are available; highlighting recent developments concerning choice of entity; and covering the application of the special valuation rules and other transfer tax issues, as well as the use of a grantor retained annuity trust to reduce the value of the gift when transferring an interest in a family-held entity."-- -- Preface

Contents: Historical development of the misuse doctrine -- Application of the patent misuse doctrine -- Specific practices that have been challenged as misuse -- Practical aspects of the law of misuse : Misuse in the licensing context -- Practical aspects of the law of misuse : Misuse in the litigation context -- Copyright and trademark misuse -- The misuse doctrine : law and policy

Contents: The statutory and regulatory scheme -- The drug approval process : an overview -- Notice and prefiling considerations -- The litigation timeline -- Hatch-Waxman actions in multidistrict litigation -- Biologics litigation : the biosimilars wars -- Iinitiating litigation -- Use of reissue proceedings in Hatch-Waxman litigation -- Inter partes review in ANDA litigation -- Examining subject-matter jurisdiction over declaratory judgment claims filed in combination with patent infringement claims under section 271(e)(2)(A) -- Responding to the complaint -- Discovery -- Experts -- Claim construction -- Summary judgment -- Remedies -- Settlement -- Antitrust -- Pretrial preparation -- Trial -- Post-trial -- Appeals to the Court of Appeals for the Federal Circuit -- Hatch-Waxman practice in the Supreme Court of the United States -- Managing an ANDA litigation -- Pharmaceutical regulation and litigation in foreign countries

"This book is intended to help business executives and in-house counsel take control of and protect what may be their businesses' most valuable assets-their trade secrets"-- Provided by publisher

"The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website

Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Rick Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

Contents: Introduction -- Selecting a labor arbitrator -- Prehearing procedures -- Arbitrability : the jurisdiction of the arbitrator -- Preparing for arbitration -- Hearing process and procedures -- Post-hearing procedures -- Remedies -- Finding facts -- Just cause decision making -- Management rights -- Interpreting the contract -- Custom and past practice -- Deciding the case -- Drafting an arbitration opinion and award -- Protecting the arbitration process -- Employment arbitration -- Mediation -- A look to the future

"In March 2010, the Affordable Care Act officially became one of the seminal laws determining American health care. From day one, the law was challenged in court, making it to the Supreme Court four separate times. It transformed the way a three-trillion-dollar sector of the economy behaved and brought insurance to millions of people. It spawned the Tea Party, further polarized American politics, and affected the electoral fortunes of both parties. Ten years after the bill's passage, a constellation of experts-insiders and academics for and against the ACA-describe the momentousness of the legislation. Encompassing Democrats and Republicans, along with legal, financial, and health policy experts, the essays here offer a fascinating and revealing insight into the political fight of a generation, its consequences for health care, politics, law, the economy-and the future."-- Provided by the publisher

"American history is replete with examples of some people controlling reproduction to assert power and domination over others. During chattel slavery in the United States, slaveowners denied Black women and men the most basic forms of dignity--subjecting enslaved Black women to sexual abuse and rape at the whim of people who believed that they could own human beings as property. When pregnancies resulted from rape by slave owners or consensual relationships among slaves, enslaved women frequently watched their children taken from them and sold for profit. Control of fertility and parenting decisions too often meant self-induced abortion or infanticide because other tools were out of reach. Post-emancipation and well into the present day, the experiences of Black women and other women of color, as well as poor women and women living with disabilities, were a reminder that procreation remains a space of power and constraint. The eugenics movement in the United States led to thousands of unconsented sterilization procedures largely on women. Today, parents seek to consent to sterilization on behalf of their adult children living with disabilities. The myth of the welfare queen, always depicted as a poor Black woman with too many children, allowed states to create welfare caps that harm poor children by withholding needed financial resources from their families. States treat pregnant women and new mothers who are living with substance use disorder as criminals who need punishment, rather than sufferers who need a public health response. The federal government makes access to safe and legal abortion more difficult for poor women who are forbidden in almost all instances from using federal Medicaid dollars to pay for pregnancy terminations. It is fitting, then, that this entry into the Feminist Judgments canon focuses on procreation and parenting as sites of oppression and discrimination"-- Provided by the publisher

"When in 2007 the Supreme Court handed down its decision in Massachusetts v. EPA it was immediately hailed a landmark. Despite the Court's preponderance of conservative Justices and the years-long effort by the George W. Bush Administration, led by Vice President Dick Cheney, to derail the case, five Justices concluded the Environmental Protection Agency could regulate greenhouse gas emissions. By the narrowest of margins, 5-4, the Justices had sided with Massachusetts, making possible a panoply of new environmental laws and resulting in America's signing, eight years later, the Paris Climate Accord. Until now, only insiders knew the extent to which infighting, accidents, luck, superb lawyering, and the opaque practices of the Supreme Court collided to produce a legal miracle. The Rule of Five recounts the inspiring story behind this triumph of Supreme Court advocacy. It takes us behind the scenes to reveal how Jim Milkey, chief of the environmental protection division of the Massachusetts Attorney General's Office, led a warring collection of lawyers to a historic ruling. Richard Lazarus, the renowned Supreme Court advocate who has given oral argument before the Court fourteen times, provides a gripping account of what was happening behind closed doors and in the corridors of power, from the filing of the petition to the Supreme Court's final decision. Lazarus brings to life the heated debates and personal conflicts that occurred within the competing groups of petitioners, cabinet officials, lawyers, judges, and Supreme Court Justices, even as he explains the inner workings of the Court and the case's larger legacy"-- Provided by publisher

Regulation by Proxy catalogues the intermediaries that are critical to organic certification, including the National Organic Standards Board, accredited certifying agents, organic inspectors, the California State Organic Program, the Accredited Certifiers Association, the International Organic Inspectors Association, and material review organizations. Drawing on a range of evidence, from original data to the work of prominent food policy authors, Carter assesses each intermediary's contributions to organic standards development, administration, and enforcement. Carter's analysis shows that there are undeniable benefits to how organic food is regulated in the U.S., however, relying on an assortment of intermediaries requires multifaceted oversight for which the USDA may not always have sufficient tools or capacity to realize.

Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers' religious garb in relation to contemporary legal challenges within the United Nations and the European Union.

Contents: Foreword by Ruth Bader Ginsburg -- Preface by Dorothy Tapper Goldman -- Collecting evidence : the making of an American collection -- Experiments in self-government -- An expanding union -- Slavery and freedom -- Reform and renewal

"Farrier argues that U.S. political dysfunction is attributable to a permanent imbalance of power among the branches of government that transcends party alignments and political moods. She looks at a class of extra-legislative actions that challenges this imbalance and aims to restore proper functioning in the Madisonian system of checks and balances"-- Provided by the publisher

"Settler Colonialism, Race, and the Law provides a timely analysis of structural racism at the intersection of law and colonialism. Noting the grim racial realities still confronting communities of color, and how they have not been alleviated by constitutional guarantees of equal protection, this book suggests that settler colonial theory provides a more coherent understanding of what causes and what can help remediate racial disparities.

"In 1789, when the First Federal Congress discussed James Madison's proposed constitutional amendments on religious liberty and non-establishment, the lawmakers did not debate many of the concerns related to the First Amendment today. They did not argue over whether religious imagery should be excluded from civic spaces, or whether government should refrain from funding activities that include a religious purpose, or whether religion should be separated from politics generally. To these issues, most of the American founders had already replied with a resounding "no." Instead, the question during that sweltering summer in 1789 was more narrowly conceived: What juridical prohibitions should be placed on the federal legislature with respect to a national church and religious conscience, liberty, or exercise? After a month of deliberations, Congress agreed on the following text: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The First Amendment is such contested territory because it relates to fundamental questions about the nature of humanity, morality, religion, government, and God. When these questions are renewed, or when novel answers are offered, changes in societal views on the content and parameters of religious liberty often follow.

"This book was created to help in-house counsel, human resource managers, private practitioners and their staff quickly evaluate visa eligibility issues and requirements"-- Provided by publisher

Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations - although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America's self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent - the first social, political, and legal history of ideological exclusion and deportation in the United States - Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved.

"This comprehensive resource explains six eras of immigration law, how and why immigration law has changed, who the actors and organizations shaping immigration law are, and in direction immigration law is likely to proceed in the near future"-- Provided by publisher

"Examines voting trends and political representation in the United States today, with a special focus on debates over voting rights, voter fraud, and voter suppression; and election rules and regulations, including those related to gerrymandering, campaign fundraising, and other controversies"-- Provided by publisher

"Beloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers' vision of the separation of powers"-- Provided by publisher

"When presidents take positions on pending Supreme Court cases or criticize the Court's decisions, they are susceptible to being attacked for acting as bullies and violating the norm of judicial independence. Why then do presidents target Supreme Court decisions in their public appeals? In this book, Paul M. Collins, Jr and Matthew Eshbaugh-Soha argue that presidents discuss the Court's decisions to demonstrate their responsiveness to important matters of public policy and to steer the implementation of the Court's decisions. Using data from Washington to Trump, they show that, far from being bullies, presidents discuss cases to promote their re-election, policy goals, and historical legacies, while attempting to affect the impact of Court decisions on the bureaucracy, Congress, the media, and the public." -- Provided by publisher

Contents: The debate over the modern administrative state -- The traditional approach to administrative law -- The Chevron synthesis -- Chevron lite -- Questions of fact under the administrative procedure act

With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ "procedural politicking," using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interferences from Congress, the president, and the courts at each stage of the process. -- Back cover

"A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state."-- Provided by publisher

Contents: Accessory dwelling units -- Cluster/conservation subdivision in rural/urban area -- District heating and cooling zones -- Height & setbacks to encourage renewables -- Live-work units -- Local recycling centers -- Mixed-use -- Renewable energy for historic buildings -- Solar energy systems and wind turbines by-right -- Tiny homes and compact living spaces -- Density bonus for installation of solar energy systems -- Energy and water efficiency -- Green roofing -- Infill development -- Limiting off property shading of solar energy systems -- Pervious cover minimums and incentives -- Priority parking for hybrid & electric vehicles -- Property assessed clean energy program -- Property tax exemptions for renewable energy systems -- Recycle, salvage and reuse building materials -- Recycling in multi-family and commercial buildings -- Renewable energy with incentives -- Transit-oriented development -- Varying unit sizes within multi-family and mixed-use buildings -- Alternative pedestrian routes to parking areas, neighborhoods, and businesses -- Energy benchmarking, auditing, and upgrading -- Green zones -- Limit solar restrictions in HOAs and /or CC&Rs -- Maximum size of single-family residences -- Native trees and invasive trees -- Open space impact fees -- Parking in-lieu fees -- Parking maximums -- Safe routes -- Site & solar orientation -- Solar-ready construction -- Third-party certification requirements -- Tree canopy cover -- Urban growth area -- Urban service area -- Vegetation protection areas -- Water efficient landscaping -- Zero net energy buildings

"This book is intended to be a guide for understanding disability law as it applies to property, land use, and zoning law practice. It is meant to provide an introduction and broad overview of land use law and disability. It includes key references and an easy to follow set of examples that assist the reader in understanding issues of disability law in the context of property, land use, and zoning"-- Provided by publisher

"This book systematically examines the question of whether federal courts, including the Supreme Court, lead or merely implement public policy, finding that on civil rights in particular the courts regularly lead the attention other institutions"-- Provided by publisher

The Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved from the liberalism of the New Deal and Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism-a move that would restore the other branches of government's role in deciding constitutional questions.

Contents: Part I. The shortlisted sisters : an untold "her"story of the Supreme Court -- The first shortlisted woman -- The shortlists before the first nominee -- From shortlisted to selected -- The shortlists following O'Connor : a long way from nine -- Part II. Their stories are our stories : transcending shortlists -- After shortlisted, tokenism -- Challenging double binds and unifying double lives -- No longer zero -- Surmounting the shortlist

"It was Wendell's father, Dr. Holmes, who coined the term "Boston Brahmin" to describe Boston society in the mid-Nineteenth Century. The name stuck because it was such an apt caricature of the city's elite. Like their Hindu counterparts, the Boston Brahmin were both materially prosperous and spiritually ambitious. Part of their prosperity came from China trade - a commerce that brought with it ideas and culture as well as wealth"-- Provided by publisher

A revelatory examination of the conservative direction of the Supreme Court over the last fifty years since the Nixon administration.

The authors of It's Not Personal analyzed transcripts for all district and circuit court confirmation hearings between 1993 and 2012. They found that the time-consuming practice of confirmation hearings for district and circuit nominees provides an important venue in which senators can advocate on behalf of their policy preferences and bolster their chances of being reelected. The variation in lower court nominees' experiences before the Judiciary Committee exists because senators pursue these goals in different ways, depending on the level of controversy surrounding a nominee. Studying confirmation hearings improves our understanding of the process by which individuals gain lifetime seats on the federal bench, positions from which they can influence the development of law.

Contents: The role of discovery in the U.S. legal system -- Discovery under the federal rules of civil procedure -- Discovery under international conventions -- Assessment of foreign law restricting discovery -- Australia -- Belgium -- Brazil -- Canada -- China -- France -- Germany -- India -- Italy -- Japan -- Netherlands -- South Africa -- South Korea -- Switzerland -- Taiwan -- United Kingdom

"The book before you is an attempt to distill some of the sage advice of skilled and seasoned trial litigators who have long labored in the trenches of litigation and who, as a result, know what works. There are many gems of practical wisdom emanating from these experienced practitioners, and I have attempted to collect some of them here in the hope that you will find their advice beneficial in your practice"-- Provided by the publisher

Contents Investigative detention -- Traffic detentions -- Arrest -- Use of force -- Interview and interrogation -- Search and seizure -- Search warrants -- Electronic media concerns -- Canine search and seizure -- Canine use of force

"This book is for lawyer and nonlawyer alike-anyone who is interested in how the criminal justice system works. If you are reading this as a new prosecutor, you can see where others went wrong as well as what options are available to you. The most important goal of this book is for the voters to see the what the criminal justice system really looks like"-- Provided by publisher

[This book] provides a sweeping overview of the American juvenile justice system's development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years--the ascendance of get tough crime policies and the more recent Supreme Court recognition that "children are different." Feld's comprehensive historical analyses trace juvenile courts' evolution though four periods--the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today's Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts' policies and practices. Changes in juvenile courts' ends and means--substance and procedure--reflect shifting notions of children's culpability and competence. [This book] examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths' reduced criminal responsibility and diminished competence. -- from Publisher's website

"This book's mission is to demystify the theory and workings of the burden of proof in civil trials"-- Provided by publisher

Contents: Introduction to the Chinese legal framework for commercialization -- Intellectual property commercialization in China in view of patent commercialization -- Technology transfer among academic institutions in China -- Deal dynamics for intellectual property exploitation : licensing, joint ventures, and wholly foreign-owned entities

"This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?"

Contents: Introduction : Historical origins of international criminal law -- The historiography of the historical foundations of theories of responsibility in international criminal law -- International law and international humanitarian law in ancient China -- The tyrannicide brief -- Chinese Confucianism and other prevailing Chinese practices in the rise of international criminal law -- The 1919 Paris Peace Conference and the allied commission: challenging sovereignty through supranational criminal jurisdiction -- Trying the Kaiser: the origins of international criminal law -- Hang Kaiser Wilhelm! but for what? a criminal law perspective -- The Istanbul and Leipzig trials: myth or reality? -- Law as farce : on the miscarriage of justice at the German Leipzig trials: The Llandovery Castle case -- When justice Is left to the losers: The Leipzig war crimes trials -- The forgotten: The Armenian genocide 100 years later -- At the crossroads of law and licence: reflections on the anomalous origins of the crime of aggressive war -- Before Nuremberg: considering the work of the United Nations War Crimes Commission of 1943-1948 -- Defining crimes against humanity: the contribution of the United Nations War Crimes Commission to international criminal law, 1944-1947 -- Late republican China and the development of international criminal law: China's role in the United Nations War Crimes Commission in London and Chungking -- Founding Nuremberg: innovation and orthodoxy at the 1945 London conference -- The Nuremberg legacy in the historical development of international criminal law -- Doubts about Nullum Crimen and superior orders: language discrepancies in the Nuremberg judgment and their significance -- Promoting international criminal law: The Nuremberg trial film project and US information policy after the second world war

Contents: The Tokyo military tribunal: a show trial? -- International military tribunals at Tokyo, 1946-1949: individual responsibility for war crimes -- Does international criminal justice require a sovereign? historicising Radhabinod Pal's Tokyo judgment in light of his 'Indian' legal philosophy -- The war court as a form of state building: the French prosecution of Japanese war crimes at the Saigon and Tokyo trials -- In search of justice for China: the contributions of Judge Hsiang Che-chun to the prosecution of Japanese war criminals at the Tokyo trial -- From Tokyo to the United Nations: B.V.A. Röling, international criminal jurisdiction and the debate on establishing an international criminal court, 1949-1957 -- The 1956 Japanese war crimes trials in China -- Chinese war crimes trials of Japanese, 1945-1956: a historical summary -- The forgotten legacy: China's post-second world war trials of Japanese war criminals, 1946-1956 -- Post-second world war British trials in Singapore: lost in translation at the Car Nicobar spy case -- Enforced prostitution in international law through the prism of the Dutch temporary courts martial at Batavia -- Obscuring the historical origins of international criminal law in Australia: the Australian war crimes investigations and prosecutions of Japanese, 1942-1951 -- An "indispensable component of the elimination of fascism": war crimes trials and international criminal law in the German Democratic Republic -- Towards the domestic prosecution of Nazi crimes against humanity: the British, Control Council law no. 10 and the German Supreme Court for the British zone, 1947-1950 -- Prosecution of war criminals in the north: Danish and Norwegian experiences after the second world war -- Martyrs and scapegoats of the nation? the Finnish war-responsibility trial, 1945-1946 -- Soviet war crimes policy in the Far East: the bacteriological warfare trial at Khabarovsk, 1949 -- The Supreme National Tribunal of Poland and the history of international criminal law -- The role of the Polish Supreme National Tribunal in the development of principles of international criminal law -- The concept of genocide in the trials of Nazi criminals before the Polish Supreme National Tribunal -- Post-second world war trials in central and eastern Europe -- Post-second world war Hungarian criminal justice and international law: The legacy of the people's tribunals

Contents: Doctrine and the scope of the historical landscape of international criminal law -- The Manusmṛti and laws of warfare in ancient India -- Between isonomía and hegemonía: political complexities of transitional justice in ancient Greece -- War crimes trials and pre-nineteenth century admiralty court precedents -- The trials of Charles I, Henry Wirz and Pol Pot: why historic cases are often forgotten and the meaning of international criminal law -- International criminal law's "oriental pre-birth": the 1894-1900 trials of the Siamese, Ottomans and Chinese -- Constructing humanity's justice: accountability for 'crimes against humanity' in the wake of the Syria crisis of 1860 -- The Katyn forest massacre and the Nuremberg trial -- The Lieber code, retaliation and the origins of international criminal law -- The grave breaches regime of the 1949 Geneva conventions: origins, developments and prospects -- From state to individual: evolution and future challenges of the transposition of international humanitarian law into international criminal trials against individuals -- The evolution of persecution as a crime against humanity -- Examining the origins of crimes against humanity and genocide -- Individual criminal responsibility for violations of jus ad bellum under customary international law: From Nuremberg to Kampala -- Shaping the definition of complicity in international criminal law: tensions and contradictions -- The evolution of conspiracy as a mode of collective criminal liability since Nuremberg -- The evolution of command responsibility in international criminal law -- The history of the defence of superior orders and its intersection with international human rights law -- International criminal law issues in the fight against terrorism: the criminalisation of conspiracy in Japan and South Korea -- Mitigating circumstances in international criminal sentencing

Contents:The role of internationalised jurisdictions, national jurisdictions and other actors in the making of the history of international criminal law -- Evolutionary, revolutionary, or something more sinister? how the Nuremberg and Tokyo procedures and rules continue to influence international criminal law -- Contribution of the United Nations ad hoc tribunals to the development of international criminal law -- From primacy to complementarity: the international criminal tribunal for the former Yugoslavia, 1993-2015 -- Article 17 of the Rome statute of the International Criminal Court: complementarity - between novelty, refinement and consolidation -- International criminal law in peace processes: the case of the International Criminal Court and the Lord's resistance army -- Expanding the scope of universal jurisdiction through municipal law: from piracy to the crime of aggression via the Eichmann trial -- A historical approach to international criminal law through the lenses of domestic prosecutions: judging massive human rights violations in Argentina -- Peace and security and the state's use of criminal law and justice: the case of West Germany -- Civil litigation and international criminal law - the historical discourse: do the two go together even if not intended? -- The significance of Bangladesh's International Crimes (Tribunals) Act in the history of international criminal law and justice -- The introduction of demographic analysis to prove core international crimes -- The historical contribution of international fact-finding commissions -- Addressing genocide, crimes against humanity and war crimes in INTERPOL's practice: historical milestones and recent developments -- The history of the International Association of Penal Law, 1924-1950: liberal, conservative, or neither? -- China and the war crimes far eastern and pacific sub-commission -- Civil society's engagement with international criminal law: the role of peoples' tribunals -- An Afro-Asian perspective on the International Criminal Court -- International criminal justice as progress: from faith to critique -- Victim participation, reparations and reintegration as historical building blocks of international criminal law -- A case selection independence framework for tracing historical interests' manifestation in international criminal justice

Contents: Institutional history, behaviour and development -- The role of analysis capacity -- The function of analysis and analysts -- Research and analysis in the investigation, prosecution and adjudication of crimes -- Information, analysis and intelligence: the role of investigators -- On the need for a scientific advisory unit -- Demographic and statistical expertise -- Project-driven processes in investigations -- Requirements in leadership investigations -- Leadership and control of investigations -- Quelques considerations sur la direction des enquêtes d'un tribunal pénal international -- Effective case preparation -- Quality-conducive management of investigators -- On insiders and financial lines of inquiry -- Characteristics of large-scale crimes -- Policy and organisational questions -- Prosecutorial policy, strategy and external relations -- Challenges in a nutshell -- Interacting with academic institutions -- Case selection -- Preparation of draft indictments and effective indictment review -- Substantive and organisational issues -- Prosecutor-directed investigations -- On charging criteria and other policy concerns -- The exercise of the powers of the prosecutor -- Issues regarding article 42 -- On the exercise of prosecutorial discretion -- Collective decision-making -- Legal advisory expertise -- Competence framework -- Legal training and the prosecution -- Reflections on generalist-specialist collaboration, internship programme, and comparative law -- International law expertise -- The establishment and operation of the office of the prosecutor -- Thoughts on the organisation of the ICC office of the prosecutor -- Trial team organisation, legal research, and training -- Remarks on caseload and disclosure -- Nine comments -- Questions for the ICC office of the prosecutor -- Observations on legal culture, legal policy and the management of information -- Operational training -- Reparations and the prosecution -- Measures available to the International Criminal Court to reduce the length of proceedings -- Fact-finding and investigative functions of the office of the prosecutor, including international co-operation -- The principle of complementarity in practice -- Draft regulations of the office of the prosecutor -- The origins and development of the code of conduct -- The first budget of the office of the prosecutor

"As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor's justice, bad prosecutorial policy and case management, and potentially jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victor's justice. [This book] traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, and a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade." -- Back cover

"The book offers concrete approaches, concepts, and tools that will enable higher education leaders to identify, address, and counteract persistent structural and behavioral barriers to inclusion. As such, it shares a series of practical recommendations that will assist presidents, provosts, executive officers, boards of trustees, faculty, administrators, diversity officers, human resource leaders, diversity taskforces, and researchers as they seek to implement comprehensive strategies that result in sustained diversity change" -- Provided by publisher

"This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture compared to how professors teach it and how mediators practice it provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity"-- Provided by publisher