Recent Acquisitions at the Marquette Law Library

"This book focuses on cases of sexual assault at Michigan State University (MSU), The Ohio State University (OSU), USA Gymnastics (USAG), the Catholic Church, and Pennsylvania State University (PSU) exploring the role that enablers have in sexual assault cases"-- Provided by publisher

"According to conventional wisdom, American women's campaign for the vote began with the Seneca Falls convention of 1848 and ended with the ratification of the Nineteenth Amendment in 1920. The movement was led by storied figures such as Elizabeth Cady Stanton and Susan B. Anthony. But this women's movement was an overwhelmingly white one, and it secured the constitutional right to vote for white women, not for all women. In Vanguard, acclaimed historian Martha Jones offers a sweeping history of African American women's political lives in America, recounting how they fought for, won, and used the right to the ballot and how they fought against both racism and sexism. From 1830s Boston to the passage of the Voting Rights Act in 1965 and beyond to Shirley Chisholm, Stacey Abrams, and Kamala Harris, Jones excavates the lives and work of Black women who, although in many cases suffragists, were never single-issue activists. She recounts the lives of Maria Stewart, the first American woman to speak about politics before a mixed audience of men and women; African Methodist Episcopal preacher Jarena Lee; Reconstruction-era advocate for female suffrage Frances Ellen Watkins Harper; Boston abolitionist, religious leader, and women's club organizer Eliza Ann Gardner; and other hidden figures who were pioneers for both gender and racial equality. Revealing the ways Black women remained independent in their ideas and their organization, Jones shows how Black women were again and again the American vanguard of women's rights, setting the pace in the quest for justice and collective liberation. In the twenty-first century, Black women's power at the polls and in politics is evident. Vanguard reveals that this power is not at all new, but is instead the culmination of two centuries of dramatic struggle"-- Provided by publisher

Contents: Introduction / George B. Huff, Jr., Nancy McNabb, and Edward A. Thomas -- Understanding what it means to be resilient / Rachel Minnery -- The basics of prevention, protection, mitigation, response, and recovery / Donna A. E. Boyce and Charles Wallace -- Understanding threat and hazard identification and risk assessment / Nancy McNabb -- Collaborative community planning for resilience / Anthony H. Barash and John C. Eidleman -- Standard of care : lawyers' legal and ethical obligations to clients and community / Elle Klein -- Linking the social and built environments to determine goals and objectives / Alessandra Jerolleman and Jerry Graves -- Business continuity and community resilience / George B. Huff, Jr. -- The role of government continuity preparedness, response, and validation / Eric B. Kretz -- Flood and other insurance as a "bank account" for community resilience / Joe Rossi -- Anthropolethros, incentivization, and our future / Philip Schneider and Keith Porter -- Risk mitigation : constitutional property rights and taxpayer interests / Edward A. Thomas -- Community resilience and environmental protection / Jessica Grannis -- Administrative or constructive solutions : finding the right resources / Charlie Wildman -- A guide for government officials and supporting legal advisors / David Vaughn, Ed Hecker, and Doug Bellomo -- Agricultural resilience : the many roles of lawyers / John D. Wiener and Gretchen F. Sassenrath -- Cost-effective local initiatives to promote resilient disaster recovery / John Travis Marshall -- Building more resilient communities : defining community resilience, the power of local, increasing disaster resilience capabilities and beyond disaster resilience / Lynnda M. Nelson -- Education, training and practice scenarios / Maureen K. Roskoski -- Vision for the future : embedding a strategy of resilience and developing a culture of continuity for the whole community / George B. Huff, Jr. -- International standards on community resilience / Duncan Shaw

This book critically analyses the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, UNESCO's latest and ground-breaking treaty in the area of cultural heritage protection. Intangible cultural heritage is broadly understood as the social processes that inform our living cultures, and our social cohesion and identity as communities and peoples. On the basis of this conception, the Treaty proposes to turn our understanding of how, for whom, and why heritage is safeguarded on its head, by putting communities, groups and individuals at the centre of the safeguarding process. The commentary, written by leading experts in the field from all continents and multiple disciplines, provides an authoritative guide to interpreting and implementing not only this Treaty, but also its ripple effects on how we think about cultural heritage and our experience with it as a part of our living cultures. This book is of interest to lawyers, policy-makers, anthropologists, cultural diplomacy specialists, archaeologists, cultural heritage studies experts, and, foremost, the people who practice and enact this heritage

"This book is framed around five areas of automated vehicle law: (1) background on automated vehicles, (2) the regulation of automated vehicles, (3) civil liability for automated vehicle crashes, (4) data security and privacy, and (5) criminal law"-- Provided by publisher

Contents: The racial setting of Hawaiʻi in the 1920s -- Kidnapping, killing, and racial profiling -- Capture, confession, and court -- Racial bias and injustice in jury selection and trial -- The insanity question -- Aftermath of death sentence : racial, legal, and community -- Conclusion : Fukunaga and Kahahawai

Contents: Generational wisdom basics : be prepared -- Facing the real issues that count -- Sustainable relationships with clients and external stakeholders -- Achieving harmonious and productive relationships -- Preparing for succession, transitioning, and knowledge transfer -- Wisdom for leaders at all levels

Contents: Family law arbitration in the United States -- State laws on family law arbitration -- Advantages and disadvantages of arbitration -- The arbitration process -- Practical considerations -- Enforcement and appeal -- Arbitration alternatives -- Professional responsibilities of attorney arbitrators

Contents: Nonprobate assets -- Intestacy -- Wills and trusts -- Powers of attorney/medical directives -- Spousal support and equitable distribution factors -- Spousal support : methods of payment, amount, and modification -- Retirement plans

"Understanding the psychological/behavioral issues and narratives can be essential in child custody litigation"-- Provided by publisher

Contents: Forensic approach vs. clinical approach -- Ethical issues in forensic psychology consultation -- Bias : critical elements to consider in forensic consulting and expert testifying -- Forensic roles for mental health professionals -- Consulting and testifying roles -- Issues in psychological testing in child custody litigation -- Child custody evaluations : elements and critique -- Evidentiary standards for expert testimony -- Development of your case theory -- Constructing questions for direct and cross-examination -- Other mental health roles : opportunities and challenges -- Attorney-mental health professional relationships

"In late 2019 and early 2020, the American Institute of Architects released its revisions to its suite of construction management documents, last updated in 2009. This book summarizes and analyzes the major revisions in this latest release from the AIA"-- Provided by publisher

"The transformation of the electric grid from the traditional central station model to a more dynamic and interconnected system of distributed generation and distribution is a huge change in our lives, and yet one that is barely noticeable in day-to-day life unless you actually are looking for it. If you are looking, though, the rate of change is breathtaking. I know this first hand because in the roughly three years we have been working on this book the landscape already has evolved dramatically. In this time, topics we thought were interesting, such as battery storage, became drivers to the discussion while other topics faded in relevance. Indeed, one of the challenges of writing this book is our effort to assemble information that would remain interesting and useful to readers even as the technology and the law advanced. With the help of all of the authors and other contributors to this project, I think we have achieved this"-- Provided by publisher

"Creative Differences examines how intellectual property reflects and shapes racial formation in America, specifically arguing that copyright, trademark, and patent discourses operate in tandem with one another to form US ideals around race, citizenship, and property"-- Provided by publisher

Contents: Inter partes matters : general background and prefiling considerations / John C. Heinbockel -- Pleadings and commencement of proceedings / Holly B. Lance -- Disclosures and discovery / Beth A. Chapman and Kyoko Imai -- Motion practice / Stephanie H. Bald and Linda K. McLeod -- Trial procedures / Kieran G. Doyle and Mary L. Kevlin -- Use of experts / Tyson Smith -- Briefs on final hearing and oral argument / William M. Bryner and Charles H. Hooker III -- Appeals / Roberta Jacobs-Meadway -- Settlement and alternative dispute resolution / Roberta S. Bren and Jane Shay Wald -- Ex parte appeals / Cathleen E. Stadecker -- Ethics before the TTAB / Alan S. Cooper

Contents: Benefits, generally -- Social Security benefits for each member of the family -- Who makes up the "family" -- Evidence required to prove a family -- Other benefits : SSDI, SSI, and Medicare -- Allocating Social Security benefits in the family law context

"This book focuses on a person's ability to make decisions regarding end-of-life medical treatment and health care decisions and how each state's laws allow a person to make these decisions ahead of time-specifically using an advance directive for health care"-- Provided by publisher

Contents: Part I. Sources, "science fiction," and Article V bibliography -- Part II. Table of cases -- Part III. Explanatory text with footnotes -- Part IV. Forms

A legal research guide on the important topic of campaign finance law (as distinguished from election law). It provides primary sources--including federal and state statutes as well as federal and state regulations--and secondary sources on the fundamentals regarding campaign finance requirements, violations, limitations and contributions, among other issues. The guide is easy to read and use, and provides an invaluable tool and resource for lawyers, campaign workers, election officials, and the general public interested in the topic.--Publisher

"Twenty years later, the Supreme Court's controversial 5-4 decision in Bush v. Gore has gained a new relevance. While we no longer talk about hanging chads and butterfly ballots, the story of endless recounts, raucous allegations, and constitutional crises seems more pertinent than ever in the wake of 2016. If President Obama's resounding victory in 2008 gave the nation a false sense of security, the hotly contested state and national elections in 2016 revealed that the country's political institutions had not learned the lessons of 2000-or had learned the wrong lessons. This updated second edition of Charles Zelden's acclaimed account of Bush v. Gore adds a new chapter on the voting wars that have raged in the twenty years since the Supreme Court's decision to allow George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Zelden chronicles the aggressive efforts to manipulate elections by imposing strict voter ID requirements, purging voter rolls, requiring proof of citizenship, undermining third-party voter registration drives, limiting access to polling sites, restricting early voting, and gerrymandering districts-with Republicans on offense and Democrats on defense. The result has been the revelation that the United States is one close election away from a repeat of 2000, but with far less faith in the American electoral process than was the case then. The election controversy of 2000 signaled major flaws in our electoral system that remain with us today"-- Provided by publisher

Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs

Contents: Regulatory taking, ripeness, and categorical takings after Lucas -- A background principle exception : the public trust doctrine -- A background principle exception : customary law -- Statutes and constitutions as background principles -- The nuisance exception

Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. Most civil lawsuits in federal court end before trial, either by pretrial settlement or on dispositive motion. In either case, the fruits of discovery can be critical to the outcome. The need for analytical and strategic guidance on problems in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants. Effective discovery is crucial. This book is written to address that need. It describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experience) followed by a discussion that includes the law and helpful practice tips. In this edition, particular emphasis has been placed on discussion and interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information --from publisher's website

Trial: A Guide from Start to Finish -- Perspectives from Opposing Counsel is a collaboration of two trial lawyers who have tried many complex case courtrooms across the country. It takes readers through each stage of a jury trial, starting with the filing of a lawsuit long before a jury trial begins, and ending in the motion practice that concludes long after the jury’s verdict. The authors divide the trial process into its fifteen segments, and each author writes from the perspective of either the defendant or the plaintiff, giving a full-rounded look at trial practice itself. Each of the authors’ numerous victories (and occasional losses) in the courtroom have brought them valuable experience and taught them lesseon about each aspect of the jury trial process. This book is their effort to share those lessons with other trial lawyers and trial lawyers-to-be. --from publisher's website

"International adjudicators are more and more often requested to pass judgement on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, trade, and investment law, international tribunals are now commonly required to evaluate decisions of national authorities that have been made in the due course of democratic procedures and public deliberation. This raises the question of whether international adjudicators should review such decisions de novo or whether they should give deference to domestic authorities. In many national legal orders, courts do not exercise de novo review with regard to legislative and administrative decisions, as this would allow them to supplant the powers of other branches of government. Instead, courts exercise only deferential forms of review, limiting the intensity of their review by giving special weight to the determinations made by the institution under review. This book investigates whether international courts and tribunals have also adopted deferential standards of review and whether they should do so"-- Provided by publisher

"The issue of international crimes is highly topical in Asia, with still-resonant claims against the Japanese for war crimes, and deep schisms resulting from crimes in Bangladesh, Cambodia, and East Timor. Over the years, the region has hosted a succession of tribunals, from those held in Manila, Singapore and Tokyo after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This book draws on extensive new research and offers the first comprehensive legal appraisal of the Asian trials. As well as the famous tribunals, it also considers lesser-known examples, such as the Dutch and Soviet trials of the Japanese, the Cambodian trial of the Khmer Rouge, and the Indonesian trials of their own military personnel. It focuses on their approach to the elements of international crimes, and their contribution to general theories of liability. In the process, this book challenges some orthodoxies about the development of international criminal law"-- Provided by publisher

"This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations"-- Provided by publisher

In a world where technology advances appear daily, deans and provosts often have questions about law libraries, their purposes, and whether technological innovations should lead to changes in library spaces, collections, and/or services. This book seeks to answer those questions, which came straight from deans, examining the factors involved in an analysis of what a community needs from their library, and demonstrating why the answer to these questions might vary from library to library. The commentaries by multiple directors will be useful to highlight different approaches in analysis as well as changing cultures in law libraries. This valuable title will be of help to newer and experienced law library directors, law school deans, and university provosts (where the university has a law school).--Publisher

An annotated bio-bibliography of the works of seminal law librarian Frederick C. Hicks, which touches upon many aspects of the history of legal education, law (and general) library history, and Association history. "The Leaven of Sympathy" draws its title from Hicks' beloved "Men and Books Famous in the Law" and provides the most thorough accounting of Hicks' works to date. It contains a full timeline of the life of Frederick C. Hicks, a robust biographical preface, which includes an excerpt from a little-known essay Hicks composed in his retirement, and nearly 160 entries organized chronologically and annotated with biographical references, footnotes, and cross-references. There are also six appendixes which highlight the work, personality, and artistry of the librarian scholar, including never- before-published reminiscences from his colleagues, a list of photographs that Hicks sold to the Tichnor Brothers for use as postcards, and a complete accounting of the courses taught by Hicks while at Yale Law School. To aid user access, name and subject indexes are also included.--Publisher