Recent Acquisitions at the Marquette Law Library

Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on biblical texts and classic authors from the early church to the modern period, David W. Opderbeck, examines key legal questions and controversial case studies from an interdisciplinary perspective. Opderbeck brings real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life

Contents: Rule 1: Learn from transformative movers -- Rule 2: Be a transformative mover -- Rule 3: The days of companies "controlling" their information are over -- Rule 4: Know the building blocks -- Rule 5: Your information universe is chaos -- Rule 6: Executives must create a governance culture to protect information -- Rule 7: Monetize information -- Rule 8: Information changes over time -- Rule 9: Storage is not cheap -- Rule 10: Know the expanding legal and regulatory landscape -- Rule 11: Bridge worlds and navigate conflicts -- Rule 12: Build and support a compliance culture -- Rule 13: Empower your organization to unlock answers -- Rule 14: Treat privacy like your company's reputation depends on it -- Rule 15: Information security: protect the crown jewels -- Rule 16: Introduce transparency into your information sources -- Rule 17: Manage the expanding IoT data universe -- Rule 18: The rule of yes -- Rule 19: Bring your own device -- Rule 20: See the challenge as both proactive and reactive

"The Self-Help Myth reveals how philanthropy maintains systems of inequality by attracting attention to the behaviors and responsibilities of poor people while shifting the focus away from structural inequities and relationships of power that produce poverty. The book features foundation investments in addressing migrant poverty in California's Central Valley, simultaneously one of the wealthiest agricultural production regions in the world and home to the poorest people in the United States. The case studies show how compromises between foundation staff and community organizers produce programs that ask farmworkers to help themselves while excluding strategies that address the role of industrial agriculture in creating and maintaining regional poverty. Through archival and ethnographic case studies of foundation investments leading up to the historic Farm Worker Movement, to large scale foundation-driven initiatives to improve conditions in agricultural communities during the 1990s and 2000s, foundations set firm boundaries around definitions of self-help - excluding labor organizing, immigrant rights, and advocacy approaches that hold industry accountable for the enduring abuses of farmworkers and immigrants. Processes of professionalization and institutionalization required to maintain philanthropic relationships further frustrate nonprofit organizational staff increasingly accountable to foundations and not to the people they aim to represent and serve."--Provided by publisher

Contents: In the beginning -- The University of Wisconsin -- Going to work -- Making progress -- I go it alone -- Time out -- Our mountains -- Washington, D.C., 1973-1975 -- Visiting Russia with dad -- Back to business -- My business: an overview -- By business: some highlights -- Success in business -- Giving back: public service -- Giving back: philanthropy -- Our family today -- Part two: selected speeches

Global capital markets have undergone fundamental transformations in recent years and, as a result, have become extraordinarily complex and opaque. Trading space is no longer measured in minutes or seconds but in time units beyond human perception: milliseconds, microseconds, and even nanoseconds. Technological advances have thus scaled up imperceptible and previously irrelevant time differences into operationally manageable and enormously profitable business opportunities for those with the proper high-tech trading tools. These tools include the fastest private communication and trading lines, the most powerful computers and sophisticated algorithms capable of speedily analysing incoming news and trading data and determining optimal trading strategies in microseconds, as well as the possession of gigantic collections of historic and real-time market data. Fragmented capital markets are also becoming a rapidly growing reality in Europe and Asia, and are an established feature of U.S. trading. This raises urgent market governance issues that have largely been overlooked. Global Algorithmic Capital Markets seeks to understand how recent market transformations are affecting core public policy objectives such as investor protection and reduction of systemic risk, as well as fairness, efficiency, and transparency. The operation and health of capital markets affect all of us and have profound implications for equality and justice in society. This unique set of chapters by leading scholars, industry insiders, and regulators discusses ways to strengthen market governance for the benefit of society at whole

The U.S. stock market has been transformed over the last twenty-five years. Once a market in which human beings traded at human speeds, it is now an electronic market pervaded by algorithmic trading, conducted at speeds nearing that of light. High-frequency traders participate in a large portion of all transactions, and a significant minority of all trade occurs on alternative trading systems known as "dark pools." These developments have been widely criticized, but there is no consensus on the best regulatory response to these dramatic changes. The New Stock Market offers a comprehensive new look at how these markets work, how they fail, and how they should be regulated. Merritt B. Fox, Lawrence R. Glosten, and Gabriel V. Rauterberg describe stock markets' institutions and regulatory architecture. They draw on the informational paradigm of microstructure economics to highlight the crucial role of information asymmetries and adverse selection in explaining market behavior, while examining a wide variety of developments in market practices and participants. The result is a compelling account of the stock market's regulatory framework, fundamental institutions, and economic dynamics, combined with an assessment of its various controversies. The New Stock Market covers a wide range of issues including the practices of high-frequency traders, insider trading, manipulation, short selling, broker-dealer practices, and trading venue fees and rebates. The book illuminates both the existing regulatory structure of our equity trading markets and how we can improve it

Contents: The criminal justice system -- Pretrial bond, bail, and diversion -- Sentencing and community corrections -- Probation in America -- Parole in America -- Offender assessment -- Roles of probation and parole officers -- Supervision strategies and delivering services to offenders -- Graduated responses to behavior -- Community residential correctional programs -- Special populations in community corrections -- Women and community corrections -- Problem-solving courts -- Evaluating community corrections -- The future of corrections in the community -- Glossary/index

This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains

This volume is a compendium of the Sir Hugh Laddie Lectures delivered at University College London (UCL) in the period between 2009 and 2018. This is a public lecture series organised by the Institute of Brand and Innovation Law (IBIL) at UCL Faculty of Laws in honour of IBIL's founder - Professor Sir Hugh Laddie. Presented as a collection of verbatim lecture transcripts, rather than formal papers, the book brings the subjects to life by providing the reader with a "fly on the wall" experience. As distinguished IP judges, academics and policy makers, the eminent men and women who gave these lectures have all played a prominent role in shaping the recent development of intellectual property law. The lecture forum affords them the opportunity to speak in a personal capacity, often with surprising candour, which casts what may seem well-worn subject matter in a new and interesting light. The book, as a whole, highlights controversial legislative policies and decisions, tracks legal shifts and affords extra-judicial perspectives, providing an enlightening and historically relevant snapshot of intellectual property over the last decade. In doing so, it not only provides a valuable reference source for the UK and international IP community but also provides anyone with a true interest in intellectual property law a set of eminently readable essays

Law and religion, as a subdiscipline of law, has gained increasing attention in recent years. However, the complex relationship between law and religion cannot be fully understood with reference to legal research alone. This Research Handbook includes provocative chapters from experts on a range of concepts, perspectives and theories, drawing on a variety of disciplines, which can be used to further law and religion scholarship. Featuring chapters written by authors from a diverse range of backgrounds, the Handbook focuses on five main perspectives on law and religion: historical, philosophical, sociological, theological and comparative. Each chapter provides a new way of looking at law and religion which can complement and enhance a doctrinal legal understanding of the topic. Crucially, this Handbook also highlights the importance of recognising doctrinal legal study as an approach in itself, which will shape research questions and outputs accordingly. Providing an engaging and thoughtful introduction to the range of interdisciplinary approaches that can be taken to law and religion, this Handbook will be of interest to scholars in law and religion, theologians, sociologists, legal historians and political scientists. It will provide a rich foundation for future interdisciplinary research in this important area of study.

In this volume, international specialists from new and established domains of law, media, film and virtual studies address the emergence of the jurist in the era of digital transmission. Examining the jurisprudence of new visual technologies--from the cinema of the early twentieth century to the social media of our own time--this volume explores the multiple intersections of these visual technologies and the law from the theoretical insight they generate to the nature of law to the impact they have on doctrinal development. Part One tracks the media, the technologies and apparatuses of modern law. It looks specifically at the acoustics of architecture, emblematic texts, films of trials, the prohibition of cameras in courtrooms and the rules of contempt, televised reporting of law, and the multiple fora and chat rooms of Facebook, vblogs, #law and the mobile-optimised web. Part Two examines the jurisprudential questions raised by new visual and virtual reality technologies of the 21st century. Will social media lead to social law? The force of legal remediation? Virtual courts and online judges? Paperless trials? Electronic discovery? All of these developments impact how we conceive of the practice of law

Attorney and legal scholar Daxton Stewart examines the intersection of media law and science fiction, exploring the past, present, and future of communication technology and policy debates. Science fiction offers a vast array of possibilities anticipating future communication technologies and their implications on human affairs. In this book, Stewart looks at potential legal challenges presented by plausible communication technologies that may arise 20 or 50 or 100 years from today. Performing what he calls "speculative legal research," Stewart identifies the kinds of topics we should be talking about relating to speech, privacy, surveillance, and more, and considers the debates that would be likely to arise if such technologies become a reality. Featuring interviews with prominent science fiction authors and legal scholars, and a foreword by Malka Older, this book considers the speculative solutions of science fiction and their implications in law and policy scholarship. Chapters feature specific literary examples to examine how cultural awareness and policy creation are informed by fictional technology, future societies, and legal disputes. Looking forward, beyond traditional legal research and scholarship to the possible and even very likely future of communication technology, this fascinating work of speculative legal research will give students and scholars of media law, science fiction, and technology much to discuss and debate

In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government

"The Complete Legal Writer provides everything legal research and writing professors and students need in a textbook, including citation literacy, research skills, writing process, a wide range of legal documents, and more. Using the cutting-edge Genre Discovery Approach, this book teaches students to guide themselves through the process of writing unfamiliar legal document types and thereby prepares students to write independently in upper-level classes and the workplace. To aid in teaching Genre Discovery, the authors provide three exacting samples of each document type covered in the book, a rhetorical analysis of each document type, and specific questions to guide students as they study the samples. The Complete Legal Writer covers document types that are traditionally taught in the first year, such as office memos and appellate briefs, as well as document types included in non-traditional first-year curricula and upper-level courses, including trial briefs, demand letters, and employer blog posts. Furthermore, this book covers an essential skill for all legal writing classes: giving and receiving feedback. In addition to explaining how to give feedback to and receive feedback from peers - an important skill, given the rise of peer-feedback practices in the LRW classroom - The Complete Legal Writer also covers how to receive and implement feedback from professors and workplace supervisors in order to improve both a particular document and future documents"--Unedited summary from book cover

"Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. Because effective legal writing is predicated on sound legal reasoning, the authors treat both as integral parts of one process." --publisher's description

Contents: Introduction: The lost decade -- The original sin : law schools teach law but not lawyering -- The new problem : the job market for law grads, 1990s to the present -- Future shock : will computers replace lawyers? -- Boom to bust for law schools -- Why haven't more law schools closed? : Part 1 : market-based closures -- Why haven't more law schools closed? : Part 2 : ABA accreditation -- Why haven't more law schools closed? : Part 3 : The DOE -- The middle class sweats it out -- The good news and bad news from the T14(ish) -- Should I, my child, my buddy, or anyone go to law school?

"Strategies & Tactics for the MBE provides up-to-date advice on how to analyze Multistate Bar Exam (MBE) multiple-choice questions in each of the seven MBE-subject areas--Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property with Future Interests, and Torts. The book includes over 550 questions asked on past exams. Fully explained answers that not only analyze each answer option for each question, but also explain doctrines or rules that are necessary for answering the question but that the student may not have encountered since the first year of law school. A complete MBE-style 200-question practice exam with detailed answers is also included. Audience: law school students; those studying for the bar exam"-- Provided by publisher

Contents: Introducing our framework -- The rise of the new normal v 2.0 -- Law firm economics 101 : how law firms make money -- Pricing and the question of value -- Getting started -- Demystifying AFAs -- The power of pragmatic analysis -- There and back again -- The two Ps : part 1 -- The two Ps : part 2 -- Preparing for your negotiation -- Conducting your negotiation -- The rise of legal project management -- Thinking big, starting small -- Getting it right from the start -- Bringing it all together -- Maintaining the momentum : during the matter -- Making the right lasting impression -- All feedback is good feedback : getting even better -- Metrics that matter -- The chicken and the egg -- The role of technology and the rise of big data -- Pricing legal technology : a beginner's guide -- The corporate mentality : the changing nature of practice management and the business of law -- Closing reflections

Contents: I. The beginnings : American law in the Colonial period -- II. From the Revolution to the middle of the nineteenth century : 1776-1850 -- The republic of bees -- Outposts of the law : the frontier and the civil-law fringe -- Law and the economy : 1776-1850 -- The law of personal status : wives, paupers, and slaves -- An American law of property -- The law of commerce and trade -- Crime and punishment : and a footnote on tort -- The bar and its works -- III. American law to the close of the nineteenth century -- Blood and gold : some main themes in the law in the last half of the nineteenth century -- Judges and courts : 1850-1900 -- Procedure and practice : an age of reform -- The land and other property -- Administrative law and regulation of business -- Torts -- The underdogs : 1850-1900 -- The law of corporations -- Commerce, labor, and taxation -- Crime and punishment -- The legal profession : the training and literature of law -- The legal profession : at work -- IV. The Twentieth century -- Leviathan comes of age -- The growth of the law -- Internal legal culture in the twentieth century : lawyers, judges, and law books -- Regulation, welfare, and the rise of environmental law -- Crime and punishment in the twentieth century -- Family law in the twentieth century

Drawing inspiration from the profoundly influential work of legal theorist Larry Alexander, this volume tackles central questions in criminal law, constitutional law, jurisprudence, and moral philosophy. What are the legitimate conditions of blame and punishment? What values are at the heart of constitutional protections against discrimination or infringements of free speech? Must judges interpret statutes and constitutional provisions in ways that comport with the intentions of those who wrote them? Can the law obligate us to violate the demands of morality, and when can the law allow the rights of the few to be violated for the good of the many? This collection of essays by world-renowned legal theorists is for anyone interested in foundational questions about the law's authority, the conditions of its fair application to citizens, and the moral justifications of the rights, duties, and permissions that it protects

"[This book provides an] overview of cybersecurity law and policy. Cybersecurity is a serious concern in our lives. It affects individuals, governments, the military, big businesses, small businesses, and law firms themselves. Cybersecurity policy issues implicate both private and public international law, in addition to domestic law. In this nutshell, we present case law, federal, state and international legislation, administrative actions and regulations, and relevant policy considerations that attorneys and their clients should keep in mind, whether they are working on a case about cybersecurity or just wanting to know more about cybersecurity and privacy in the Internet age."-- Provided by publisher

Contents: Introduction: An in-house counsel's view / Theodore L. Banks -- Starting from scratch : why create an antitrust compliance program? -- The role and responsibilities of the board and senior management -- Essential components of an antitrust compliance program -- Initial program design considerations -- Conducting a risk assessment -- Incorporating lessons learned and new developments -- Evaluating a compliance program -- Antitrust training -- Online antitrust compliance training -- Audits and monitoring -- Internal investigations -- The Antitrust Division's corporate leniency policy : practical considerations for corporate counsel -- Internal communications : what not to say and how not to say it -- Expect the unexpected : preparing for dawn raids and search warrants -- Compliance before and during mergers and acquisitions -- Joint ventures and other competitor collaborations -- Information sharing activities -- Managing sales and distribution -- Purchasing -- Participation in trade associations and political activities -- Interlocking directorships -- Research and development and IP -- Human resources -- Appendix: Compliance guides written for nonlawyers -- Non-U.S. guidance regarding compliance programs

"[This book provides a] perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. [The author] documents and assesses the major issues confronting the U.S. copyright system today, offering an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation."-- Provided by publisher

Contents: Patents -- Utility and eligibility -- Novelty and loss of right -- Non-obviousness -- Specification and claims -- Claim construction -- Literal infringement -- Infringement by equivalents -- Ownership of patent rights -- Infringement litigation: jurisdiction and pleading -- Infringement litigation: pretrial procedure -- Infringement litigation: defenses -- Infringement litigation: trial and judgment -- Other litigation -- Damages, interest, and costs -- Injunctive relief -- Increased damages and attorney fees -- Patent prosecution and post-grant proceedings -- Federal Circuit jurisdiction and appealability -- Federal Circuit practice -- General legal principles

Contents: Introduction -- Part one : Early patent protections. Code made tangible, 1945-1954 -- From antitrust to patent law at IBM, 1950-1966 -- The myth of the non-machine, 1964-1968 -- Part two : Software, courts, and Congress. Antitrust law and software sales, 1965-1971 -- Software patents at the courts, 1961-1973 -- Remaking software copyright, 1974-1981 -- Making sense of Benson, 1976-1982 -- Part three : IP for PCs. Hobbyists and intellectual property from Altair to Apple, 1975-1981 -- Cloned computers and microchip protection, 1981-1984 -- Look, feel, and programming freedom, 1984-1995 -- Patent enforcement and software embodiment, 1986-1995 -- Software rights for a new millennium, 1993-2000 -- Conclusion

Contents Volumes I & II. Foreword -- Preface -- List of general questions -- State abbreviations -- Finding list by question by state -- Finding list of additional topics -- Volume I. Alabama-Michigan -- Volume II. Minnesota-Wyoming

"Employment Rights and Responsibilities Committee, Section of Labor and Employment Law, American Bar Association."

Contents: Vol. 1. Sexuality, social relations, and the workplace -- History of sexual harassment law -- Elements of sexual harassment claims -- Preparing the sexual harassment case -- Administrative procedures -- Trying the sexual harassment case : pretrial matters -- Trying the sexual harassment case : trial matters -- Employer defenses -- Sexual harassment claims under other civil rights laws -- Common law liability and compensatory damages -- Actions by alleged harassers and other special issues -- Vol. 2. State-by-state survey of sexual harassment law

Contents: Introduction to 401(k) plans -- 401(k) plan design -- The 401(k) plan document -- Plan services and service providers -- Fiduciary and prohibited transaction rules -- Investing plan assets -- Participant direction of investments-ERISA section 404(c) -- Participant communication and education -- Contribution limits -- Data for nondiscrimination testing -- Minimum coverage testing -- General nondiscrimination testing -- ADP and ACP testing -- Top-heavy rules -- Participant loans, hardship withdrawals, and in-service distributions -- Distributions subsequent to termination of employment -- Spousal rights -- Taxation of 401(k) plans -- Reporting and disclosure -- Correcting 401(k) plan qualification errors -- Plan terminations, mergers, spinoffs, and abandoned plans -- 401(k) plan alternatives

"This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges - from womb transplants to gene editing - that lie just over the horizon."--Dust jacket

Contents: Regulated gambling in the United States / Kate Lowenhar-Fisher, Greg Gemignani, Jennifer Gaynor, and Jeff Silver -- What is gambling? / Karl Rutledge and Glenn Light -- The basics of gaming regulation / Anthony Cabot -- Currency reporting and anti-money laundering requirements for gaming properties / Peter J. Kulick - Corporate reorganizations, bankruptcy, and restructuring / Sean McGuinness and Adam M. Langley -- Gaming contracts / Keith C. Miller -- Problem gambling and the business lawyer / Stacey A. Tovino -- Tribal gaming / Kathryn R.L. Rand and Steven Andrew Light -- Internet gambling / Karl Rutledge, Glenn Light, Mary Tran, and Jason Bacigalupi -- State lotteries / David M. Ranscht -- Sports betting in the United States / Tamara S. Malvin -- Data privacy issues and GDPR / Sean McGuinness and Katie Fillmore

Contents: Foreword. "The whole people must take upon themselves the education of the whole people" / Martha Minow -- Introduction. The essential questions regarding a federal right to education / Kimberly Jenkins Robinson -- The justifications for a stronger federal response to address educational inequalities / Jason P. Nance -- The inadequate right to education : a case study of obstacles to state protection / Kristine L. Bowman -- Doctrine, politics, and the limits of a federal right to education / Eloise Pasachoff -- Latina/os and a federal right to education / Kevin R. Johnson -- Implying a federal constitutional right to education / Derek W. Black -- Education for sovereign people / Peggy Cooper Davis -- A Congressional right to education : promises, pitfalls, and politics / Kimberly Jenkins Robinson -- No time to lose : why the United States needs an education amendment to the US Constitution / Southern Education Foundation -- Assuring essential educational resources through a federal right to education / Linda Darling-Hammond -- The constitution of opportunity : democratic equality, economic inequality, and the right to compete / Rachel F. Moran -- Lessons from state school finance inform a new federal right to equal access to a high-quality education / Carmel Martin, Ulrich Boser, Meg Benner, and Perpetual Baffour -- Protecting a federal right to educational equality and adequacy / Joshua E. Weishart -- Conclusion. An American dream deferred : a federal right to education / Kimberly Jenkins Robinson -- Afterword / Congressman Robert C. "Bobby" Scott of Virginia

Contents: Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969)

"Each edition of America Votes! explores issues of concern and problems that threaten the security and fairness of the American electoral system. There is much that needs to be done across a whole host of issues to restore confidence in the fairness, equity, and security of the voting process in communities across America. This edition describes in detail what these issues are"-- Provided by publisher

"This new edition of Wildlife Law by three leading experts has been thoroughly updated to provide straightforward explanations of United States wildlife legal issues that have become more complicated than ever. New chapters tackle twenty-first-century quandaries such as canned hunting, private wildlife reserves and game ranches, the increased prominence of nuisance species, and an expanded discussion of the Endangered Species Act. It is an essential reference for those needing a thorough grounding in basic legal concepts governing wildlife management in the United States"--Back cover

Contents: Foreword / Senator Fred Harris -- Preface and acknowledgments -- Cold War politics and the court under siege -- The rising men, the muckrakers of the judiciary, and beleaguered judges -- Douglas, extrajudicial activities, and the Vietnam conflict -- Ford's attack on Douglas begins -- The House of Representatives responds to Ford and the Cambodian invasion -- A long summer of discord : the Senate awaits the House -- Conclusion

Summer, 2018. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Supreme Court nominee Brett Kavanaugh of sexual assault. Democrats were accused of a 'calculated and orchestrated political hit.' But Marcus goes behind the scenes to document the thirty-year mission by conservatives to win a majority on the Supreme Court-- and the lifelong ambition of Kavanaugh to secure his place in that victory. On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. -- adapted from jacket

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written--the one that had established a federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp

"The definitive biography of one of history's greatest Supreme Court justices. How did a conservative Republican end up creating the most liberal Supreme Court in modern history? This new biography of Earl Warren Sr., based on primary sources and previously unpublished material, brings together for the first time family recollections, anecdotes, mementoes, photos, documents, and excerpts from diaries, along with the facts of the great jurist's life. The result is the most accurate, up-to-date, and complete picture of the man available. Beginning with Warren's upbringing, and Scandinavian immigrant parents who taught him fairness, tolerance, and reverence for the truth, the author then reviews Warren's early career in California as a district attorney. There he helped put an end to corruption in the police department, tackled organized crime, and worked to end illegal gambling and offshore racketeering. After becoming governor, he fought to improve the state's public health, education, and prison systems. And he played an important role in the election of Dwight D. Eisenhower as the first Republican president in twenty years. Focusing largely on Warren's remarkable career as Chief Justice of the Supreme Court, chapters are devoted to that court's landmark rulings, including Brown v. Board of Education and Miranda. In addition, the author discusses Warren's relationships with Richard Nixon and John F. Kennedy. Finally, he delves into the Chief Justice's role in spearheading the Warren Report, the official publication documenting the investigation of President Kennedy's assassination--findings that forever etched Warren's name in history. With access to all surviving Warren family members, courtesy of Earl Warren's grandson, Judge James Warren, the author has crafted the definitive biography of one of history's greatest Supreme Court justices"-- Provided by publisher

"All human beings have personalities that influence their behavior. Though it may surprise some to hear, United States Supreme Court justices are human beings. What this means, of course, is that justices have personalities that influence their behavior and, in turn, legal development and the United States Constitution. If Court watchers want to understand the Court, they must understand how justices' personalities shape their behavior. The goal of this book is to establish that justices' personalities and, more specifically, their conscientiousness, influence judicial decision making"-- Provided by publisher

"Sanctions: The Federal Law Of Litigation Abuse contains a current and comprehensive discussion of the Law of Sanctions, including Rule 11, Section 1927, Appellate Rule 38, and Section 1912, and the Inherent Powers of the Court"-- Provided by publisher

Contents: Introduction -- Use of defendant's uncharged acts to prove facts other than defendant's bad character -- Use of defendant's uncharged acts to prove defendant's identity as criminal -- Use of defendant's uncharged acts to prove commission of actus reus -- Use of defendant's uncharged acts to prove mens rea -- Use of defendant's uncharged acts for other purposes, including rebuttal of affirmative defenses -- Use of party's uncharged acts in civil cases -- Legal relevance limitations on admissibility of defendant's uncharged acts -- Procedural limitations on evidence of defendant's uncharged acts -- Constitutional limitations on use of defendant's uncharged misconduct -- Conclusion

Partial Contents: v. 1. Title 1. Introduction -- Title 2. Examination of witnesses -- Title 3. Admission and exclusion -- Title 4. Competency -- Title 5. Privilege : common law and statutory -- Title 6. Privilege : constitutional -- Title 7. Relevancy and its counterweights -- v. 2. Title 8. Real evidence, other nontestimonial evidence, and demonstrative aids -- Title 9. Writings -- Title 10. The hearsay rule and its exceptions -- Title 11. Judicial notice -- Title 12. Burden of proof and presumptions -- Appendix: Federal rules of evidence for the United States courts

Contents: Part 1: Take a lawyer's approach. What's your story? -- Your key question -- Your legal sandbox -- Part 2: The PLAN (PsychologyLaw ANalysis) model. Step one: determine the expert's qualifications to testify -- Step two: determine whether the expert's methods conform to relevant professional standards-methods reliability -- Step three: evaluate the empirical and logical connections between the data arising from the expert's methods and the expert's social science-based conclusions -- Step four: gauge the connection between the expert's conclusions and opinions -- Part 3: Issues when examining experts: step-by-step. How qualified is qualified -- When experts rely on experts -- Consulting versus testifying experts: is there a problem? -- Retained experts and their testimony: hired guns or credible? -- Your educative expert: how do you do that? -- Psychological evaluations: more than just testing -- Competent interviews: can you tell? -- Psychological tests and catching lies -- Make sense of computer-based test reports -- Collateral information: uses and abuses -- Let the records show -- Peer into counseling's black box -- Manage experience-based testimony -- Mental health testimony = conclusions + opinions -- It's research, but is it relevant? -- DSM-5 diagnoses: what's the problem? -- Recognize and challenge experts' judgment biases -- The power of words -- A reasonable degree of certainty: magic words? -- Recommendations: where the rubber meets the road -- Part 4: The PLAN model in action. Daubert's reliability toolbox -- Depositions: should you? -- Courtroom examinations in Daubert hearings and at trial -- The Daubert hearing: challenge or not? -- The Daubert hearing: who has the burden? -- The Daubert challenge -- Defending Daubert: feature Daubert's flexible side -- The trial examination -- Summing up: five keys to manage mental health testimony

"[This book] explores the history of the maxim that articulates what is now known as the parsimony principle. That maxim shaped the American and French Revolutions, and it set the dividing line between tyranny and liberty. Jefferson believed only absolute necessity justified punishment, and the French Declaration of the Rights of Man and of the Citizen (1789) similarly allowed only strictly and obviously necessary punishments. [This book] ... shows the maxim's modern-day implications for capital punishment, prolonged solitary confinement, and mass incarceration, arguing that unnecessary punishments are "excessive" and "cruel and unusual.""-- back cover

"This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem-solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"-- Provided by publisher

NBI Title
"Milwaukee, Wisconsin - December 17, 2019" --cover

Contents: Powerpoint -- The attorney's duty : sources of technology competence requirements -- Attorney use of emails and other electronic modes -- Responsibilities regarding non-lawyer assistance and subordinate attorneys -- Duties to the court and discovery issues -- Discovery issues -- Information security and data breach practices -- The attorney's online presence : social media, advertising, and communications

NBI Title
"Waukesha, Wisconsin - December 06, 2019" --cover

Contents: Local family court procedure: what attorneys must know -- Case scheduling and keeping the court apprised of case updates -- Parenting time/custody-critical factors that help the judges make decisions -- The role of psychological evaluations and court investigations -- How judges determine enforceability of pre-nuptial agreements -- Support orders and deviation from guidelines -- Legal ethics mistakes attorneys need to stop making -- Motions and briefs: what judges don't want to see and how to get to the point quickly -- Equitable assets/debts division: specific assets that cause the most problems and delays -- Dissipation of assets: what proof is needed? -- How income disparity between spouses affects the judges' view of the case -- Admissibility of smart phone and social media evidence -- Issues that should be resolved without the judges' involvement -- Case presentation: what judges prefer and prohibit -- Contempt in family court

NBI Title
"Appleton, Wisconsin - December 03, 2019" --cover

Contents: Conducting the title search and examination / submitted by Duane H. Wunsch -- Maximizing title insurance coverage / submitted by Orlando Lucero -- Best practices for curing title problems / submitted by Steven E. Zablocki -- Spot-checking the title insurance policy : locating gaps in coverage / submitted by Sarah Hedtke -- When things go wrong : dealing with title issues after the policy has been issued / submitted by Sarah Hedtke -- Ethical considerations / submitted by Dean R. Dietrich

NBI Title
"Milwaukee, Wisconsin - December 18, 2019" --cover

Contents Where to begin? - an overview of trusts & revocable living trusts / submitted by Jessica A. Sippel -- Trusts used for tax reduction / submitted by Joseph Bukowski -- Grantor trusts / submitted by Joseph Bukowski -- Estate planning for the disabled / submitted by Steven R. Sorenson -- Ethical considerations / submitted by Steven R. Sorenson

NBI Title
"Green Bay, Wisconsin - December 16, 2019" --cover

Contents: Initial filing in probate court and estate timeline -- Law of intestate succession -- Inventory and appraisement -- Probate property vs. non-probate assets -- Handling claims against the estate -- Tax reporting and post-mortem tax matters -- Ethics -- Sale of property and distribution -- Final accounting and closing the estate -- Probate disputes and litigation

NBI Title
"Milwaukee, Wisconsin - December 05, 2019" --cover

Contents: Is Medicaid right for your client? -- Excluded vs. countable assets -- Income eligibility -- Qualifying asset transfers : which techniques work -- Application process, appeals and post-eligibility issues -- Legal ethics -- Liens, estate recovery and hardship waivers

NBI Title
"Milwaukee, Wisconsin - December 10, 2019" --cover

Contents: Establishing the framework of special education law -- Section 504 plan documentation : what you need to know -- Unraveling the requirements of the Individuals with Disabilities Education Act (IDEA) -- Successfully handling disciplinary actions for special needs students -- Ensuring successful due process procedures -- Protecting the rights of children with special needs

NBI Title
"Eau Claire, Wisconsin - November 14, 2019" --cover

Contents: Jury analysis and selection : choose the right audience -- Keys to powerful opening statements -- How to apply rules to discovery and evidence -- Skillful use of objections from jury selection to closing argument -- Getting the best out of a witness examination -- Ethical considerations -- Closing statements and final jury instructions : steer the jury in the right direction

NBI Title
"Green Bay, Wisconsin - November 15, 2019" --cover

Contents: Navigating the local civil court procedure: concrete rules and unwritten etiquette -- Initial pleadings: laying out the legal and factual issues of the case -- Answers to common questions asked in case conferences -- Case scheduling: fast-tracking options and handling conflicts and delays -- Summary judgment motions and hearings -- Cooperation between counsel -- Judges' view of discovery -- Pre-trial briefs that promote settlement -- Unacceptable pre-trial litigation tactics -- Seeking the judge's guidance outside of scheduling conferences -- Jury selection and juror requests: what is appropriate? -- Jurors' body language: why we look, what to notice - and what to ignore -- How recognizing life orientation can help you pick a jury -- Types of evidence judges value most/least -- Witness selection and testimony: what works and what's a waste of time for everyone -- Trial presentation do's and don'ts -- How to confuse the jury: top mistakes judges have seen -- Effective ways of handling facts in controversy at trial -- Legal ethics

NBI Title
"Madison, Wisconsin - December 09, 2019" --cover

Contents: Navigating the local civil court procedure: concrete rules and unwritten etiquette -- Initial pleadings: laying out the legal and factual issues of the case -- Answers to common questions asked in case conferences -- Case scheduling: fast-tracking options and handling conflicts and delays -- Summary judgment motions and hearings -- Cooperation between counsel -- Judges' view of discovery -- Pre-trial briefs that promote settlement -- Unacceptable pre-trial litigation tactics -- Seeking the judge's guidance outside of scheduling conferences -- Jury selection and juror requests: what is appropriate? -- Jurors' body language: why we look, what to notice - and what to ignore -- How recognizing life orientation can help you pick a jury -- Types of evidence judges value most/least -- Witness selection and testimony: what works and what's a waste of time for everyone -- Trial presentation do's and don'ts -- How to confuse the jury: top mistakes judges have seen -- Effective ways of handling facts in controversy at trial -- Legal ethics

NBI Title
"Eau Claire, Wisconsin - December 13, 2019" --cover

Contents: Navigating the local civil court procedure: concrete rules and unwritten etiquette -- Initial pleadings: laying out the legal and factual issues of the case -- Answers to common questions asked in case conferences -- Case scheduling: fast-tracking options and handling conflicts and delays -- Summary judgment motions and hearings -- Cooperation between counsel -- Judges' view of discovery -- Pre-trial briefs that promote settlement -- Unacceptable pre-trial litigation tactics -- Seeking the judge's guidance outside of scheduling conferences -- Jury selection and juror requests: what is appropriate? -- Jurors' body language: why we look, what to notice - and what to ignore -- How recognizing life orientation can help you pick a jury -- Types of evidence judges value most/least -- Witness selection and testimony: what works and what's a waste of time for everyone -- Trial presentation do's and don'ts -- How to confuse the jury: top mistakes judges have seen -- Effective ways of handling facts in controversy at trial -- Legal ethics -- Local rules

NBI Title
"Milwaukee, Wisconsin - December 20, 2019" --cover

Contents: The "big six" admissibility questions / submitted by Alex Flynn -- Applying hearsay objections and exceptions / submitted by Debra B. Cruz -- Handling email, social media and other ESI / submitted by David M. Potteiger -- Witnesses / submitted by James W. Balmer -- Keeping evidence out (pre- and post-trial) / submitted by Alex Flynn -- Admission/exclusion of unique evidence / submitted by Garrett A. Soberalski -- Presenting to the judge and jury / submitted by David M. Potteiger -- Ethical considerations / submitted by David M. Potteiger

Contents Introduction to the Wisconsin appellate system -- Jurisdiction of the Wisconsin appellate courts -- Standards of review and the decision to appeal -- Appeal as of right to the Court of Appeals -- Filing a civil appeal as of right -- Parties to the appeal -- Transcripts and the record on appeal -- Multiple appeals -- Appeals by permission from nonfinal orders or judgments -- Supervisory relief in the Court of Appeals -- Briefing -- Oral argument -- Motion practice - Wis. Stat. section 809.14 -- Relief pending appeal - Wis. Stat. sections 809.12 and 808.07 -- Expediting the appeal -- Postdecision procedures -- Publication of opinions -- Miscellaneous procedures in the Court of Appeals and Supreme Court -- Review in criminal cases and postdisposition relief under Wis. Stat. section 809.30 -- One-judge appeals -- Internal operating procedures: Court of Appeals -- Introduction to Supreme Court review -- Petition for Supreme Court review - Wis. Stat. section 809.62 -- Bypass to the Supreme Court -- Original actions in the Supreme Court -- Supervisory relief in the Supreme Court -- Wisconsin Supreme Court internal operating procedures -- Administrative appeals -- Appendix A. Addresses and phone numbers pertinent to appellate practice -- Appendix B. Clerks of circuit court -- Appendix C. Standards of appellate review -- Appendix D. Materials for expedited appeals -- Appendix E. Forms for use int eh Supreme Court and Court of Appeals -- Appendix F. Wisconsin rules of appellate procedure

"The ever-growing interaction between member States and International Organisations results, all the more often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impair their application and dent their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time after the publication of the ARIO all international responsibility issues dealing with interactions between member States and International Organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as G Scelle's 'dédoublement fonctionnel theory' and R Ago's 'derivative responsibility' model, the book employs old ideas to offer original argumentation to a topic that has been dealt with extensively by recent commentators"-- Provided by publisher

Literature and Law in the Era of Magna Carta traces processes of literary training and experimentation across the early history of the English common law, from its beginnings in the reign of Henry II to its tumultuous consolidations under the reigns of John and Henry III. The period from the mid-twelfth through the thirteenth centuries witnessed an outpouring of innovative legal writing in England, from Magna Carta to the scores of statute books that preserved its provisions. An era of civil war and imperial fracture, it also proved a time of intensive self-definition, as communities both lay and ecclesiastic used law to articulate collective identities. Literature and Law in the Era of Magna Carta uncovers the role that grammatical and rhetorical training played in shaping these arguments for legal self-definition. Beginning with the life of Archbishop Thomas Becket, the book interweaves the histories of literary pedagogy and English law, showing how foundational lessons in poetics helped generate both a language and theory of corporate autonomy. In this book, Geoffrey of Vinsauf's phenomenally popular Latin compositional handbook, the Poetria nova, finds its place against the diplomatic backdrop of the English Interdict, while Robert Grosseteste's Anglo-French devotional poem, the Chateau d'Amour, is situated within the landscape of property law and Jewish-Christian interactions. Exploring a shared vocabulary across legal and grammatical fields, this book argues that poetic habits of thought proved central to constructing the narratives that medieval law tells about itself and that later scholars tell about the origins of English constitutionalism