Recent Acquisitions at the Marquette Law Library

"The 2000 presidential election, with its problems in Florida, was not the first major vote-counting controversy in the nation's history--nor the last. Ballot Battles traces the evolution of America's experience with these disputes, from 1776 to now, explaining why they have proved persistently troublesome and offering an institutional solution"-- Provided by publisher

"As discourses relating to refugees' access to territory, rescue at sea, and removal dominate political debate as never before, this monograph simply could not be more timely. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention of Human Rights, it also examines other international frameworks, including those at the United Nations level and instruments such as the Refugee Convention. Therefore, this book is of importance to a broad international law, refugee law, human rights and migration studies audience at the global level, and its readership may range from students and scholars to human rights judges and lawyers as well as government officers, policy-makers and intergovernmental and non-governmental organisations (NGOs). It offers an analysis of both the legal and policy questions at play, in order to ensure its full engagement with widely-disputed cases concerning readmission agreements, deportation with assurances, and interception at sea. By so doing, it seeks to clarify a complex field, which has at times suffered from a partiality in both its terminology and substance"-- Provided by the publisher

Contents: Setting the scene -- Wartime environmental damage -- Special protection under the law of armed conflict -- Special environmental protection under customary international law -- General protection under the law of armed conflict -- International environmental treaties : a missed opportunity -- New approach : reconciling international environmental law and the law of armed conflict -- Protection of world heritage in relation to armed conflict : the case of the DRC -- Protection of the Ramsar Sites in relation to armed conflict : the case of Mali -- The way forward

Part of The Publications of the Selden Society

"The text explains the legislative process; describes the difference between bills, acts, statutes, regulations, and guidance documents; explores the sources of meaning and the theories of interpretation; explains the linguistic and policy-based canons of interpretation; and introduces the administrative state. The book's organization starts with the enactment of an act, turns to codification, moves to interpretation, and concludes with agencies. The interpretation section begins with the most relevant sources of meaning--intrinsic sources, such as text--before moving to the next most relevant--extrinsic sources, such as legislative history--and concluding with the policy-based sources, such as the rule of lenity. Throughout, the text refers to the major cases in each area of study to coordinate with the major textbooks in the field. The book also includes a running hypothetical to help students better implement what they are learning. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material in that chapter"-- Publisher's website

Contents: v.1. Alternative dispute resolution law -- Bankruptcy litigation -- Business courts -- Criminal and enforcement litigation -- Internal litigation -- Tribal court litigation -- Appellate practice -- Trial practice -- Sports law -- Antitrust litigation -- Recent developments in business torts : the economic loss doctrine is no match for state consumer protection statutes -- Intellectual property law -- v.2. Corporate law -- Director and officer indemnification and advancement rights -- Alternative entities -- Employee mobility, restrictive covenants and trade secrets -- Employment law -- ERISA -- Derivative litigation : fundamental concepts and recent developments -- 2019 financial institutions litigation developments -- Securities arbitration law -- Director and officer liability insurance coverage -- Cannabis law : an update on recent developments related to the cannabis industry -- Recent developments in alcohol regulation -- Health law litigation : the federal false claims act -- Business divorce litigation

Contents: Money -- Shadow money and shadow banking -- Money debasement -- Money and morality -- Degradation of the American law of money -- The Washington Wall Street enterprise web of false narratives -- False narrative of asset liquidity and value -- Enforcement of financial crisis accountability -- Concluding observations

Contents: Overview -- Commencing the engagement -- Business value -- Business continuation plan -- Business restructuring -- Business governance and ownership -- Key contracts -- Estate planning -- Retirement and exit planning -- Lifetime wealth transfers

Contents: Volume 1. Section I. General provisions -- Section II. Judicial notice -- Section III. Exclusionary rules and related matters concerning self-incrimination, search and seizure, and eyewitness identification -- Section IV. Relevancy and its limits. Volume 2. Section V. Privileges -- Section VI. Witnesses -- Section VII. Opinions and expert testimony -- Section VIII. Hearsay -- Section IX. Authentication and identification -- Section X. Contents of writings, recordings, and photographs -- Section XI. Miscellaneous rules

"Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia's jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia's emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, arguing that he failed to produce either the objective method he claimed or the "correct" constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, the book examines his opinions on virtually all of the constitutional issues he addressed, from fundamentals of structure to most major constitutional provisions. The book argues that Scalia applied his jurisprudential theories in inconsistent ways and often ignored, twisted, or abandoned the interpretive methods he proclaimed, in most cases reaching results that were consistent with "conservative" politics and the ideology of the post-Reagan Republican Party. Most broadly, it argues that Scalia's jurisprudence and career are particularly significant because they exemplify-contrary to his own persistent claims-three paramount characteristics of American constitutionalism: the inherent inadequacy of "originalism" and other formal interpretive methodologies to produce "correct" answers to controverted constitutional questions; the relationship-particularly close in Scalia's case-between constitutional interpretations on one hand and substantive personal and political goals on the other; and the truly and unavoidably "living" nature of American constitutionalism itself. As a historical matter, the book concludes, Scalia stands as a towering figure of irony because his judicial career disproved the central claims of his own jurisprudence"-- Provided by publisher

"Evidentiary Foundations provides sample lines of questioning that demonstrate how to lay the foundation for admitting various kinds of evidence. It also includes a brief discussion of the underlying legal principles, based on modern common law and the applicable Federal Rules of Evidence"-- Provided by publisher

"Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever-increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law - including even the oft-cited evolutionary interpretation doctrine - provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law"-- Provided by publisher

Contents: The evolution towards a new Jus Gentium : the international law for humankind -- Time and law revisited : international law and the temporal dimension -- Foundations of international law : the role and importance of its basic principles -- The primacy of international law over force -- Contemporary international law-making : a reassessment of the theory of formal "sources" of international law -- The material source of international law : manifestations of the universal juridical conscience -- States as subjects of international law and the expansion of international legal personality -- International organizations as subjects of international law -- The legal personality of the individual as subject of international law -- The legal capacity of the individual as subject of international law -- Humankind as a subject of international law -- Conceptual constructions : Jus Cogens and obligations erga omnes -- Conceptual constructions : common heritage of mankind and common concern of mankind -- Conceptual constructions : the right to peace and the right to development -- Conceptual constructions : responsibility for international crimes and universal jurisdiction -- Basic considerations of humanity in the corpus juris of international law -- Basic considerations of humanity in relation to disarmament -- Basic considerations of humanity in relation to the law of treaties -- Basic considerations of humanity in relation to state responsibility -- Basic considerations of humanity in relation to state succession -- Basic considerations of humanity in relation to territory -- Basic considerations of humanity in relation to diplomatic and consular law -- Basic considerations of humanity in relation to the convergences of regimes of protection of the human person -- Peaceful settlement of international disputes : current state and perspectives -- International rule of law : the need and quest for international compulsory jurisdiction -- The legacy of the recent cycle of world conferences of the United Nations -- Codification and progressive development of a universal international law -- Conclusions : international law for humankind - towards a new Jus Gentium -- Post scriptum : new challenges and the ongoing humanization of international law

"What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations. The book provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself"-- Provided by publisher

"The work introduces the feminist strategy of 'norm transfer' to international criminal law; that is that notion that international standards trickle down to the national level and fill in any gaps in domestic legislation. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), norm transfer may occur in two stages: the first stage involves transposing international norms into domestic law on international crimes through 'implementing legislation'. The second involves filtering these norms into domestic law or practice on domestic crimes. The work has at its centre the case study of the crime of rape. It draws attention to calls by non-governmental organisations and scholars for the domestic adoption of the ICC definition of rape for the purposes of rape as a domestic crime. By applying the lens of norm transfer to this debate, the book illustrates gaps in this definition and argues that the ICCs position on consent is not as clear cut as first thought. The book argues that the definition is in need of revision. It goes further, setting out draft legislative amendments to the 'Elements of Crimes' for the ICC and its 'Rules of Procedure and Evidence'. Finally it turns its attention to the domestic landscape, suggesting amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be used in the United Kingdom context"-- Provided by the publisher

Contents: Preliminary considerations -- Law of maritime delimitation prior to the 1958 Geneva conventions : emergence of two approaches -- The 1958 Geneva conventions and the 1982 UN convention on the law of the sea -- The methodology of maritime delimitation in the jurisprudence I : continental shelf delimitation -- The methodology of maritime delimitation in the jurisprudence II : single/coincident maritime boundaries -- Predictability in the law of maritime delimitation : the applicability of the equidistance method at the first stage of delimitation -- Flexibility in the law of maritime delimitation I : geographical factors -- Flexibility in the law of maritime delimitation II : non-geographical factors -- Legal framework reconciling predictability and flexibility in the law of maritime delimitation -- General conclusion