Recent Acquisitions at the Marquette Law Library

"'How the Word is Passed' is Clint Smith's revealing, contemporary portrait of America as a slave-owning nation. Beginning in his own hometown of New Orleans, Smith leads the reader through an unforgettable tour of monuments and landmarks - those that are honest about the past and those that are not - that offer an intergenerational story of how slavery has been central in shaping our nation's collective history, and ourselves."-- Provided by publisher

Contents: Part I: Themes and method. Introduction -- Entrepreneurship, its origins and recent experience -- Overview of the global aviation industry 1903 to 1945 -- Part II: Entrepreneurial aviators. The earliest days in the United States : the Wright brothers, Glenn H. Curtiss, Allan Lockheed and Glenn L. Martin -- The French connection : Louis Blériot Raymond Saulnier, the Farman brothers and Marcel Dassault -- The British pioneers : A.V. Roe, the Short brothers, Robert Blackburn and Frederick Handley Page -- The captains of industry : George Holt Thomas and Thomas Sopwith -- From domestic aviation to military : Geoffrey de Havilland and Nevil Shute Norway -- The engine makers : Henry Royce and Frederick Brant Rentschler -- A new era of transport : James Smith McDonnell, Donald Willis Douglas and William Boeing -- Summary -- A global industry -- Starters and runners -- Conclusion -- Appendix -- Index

"This hands-on guide provides accessible and insightful advice for practitioners who find themselves working with asylum seekers and refugees. It covers the essentials of understanding refugees' experiences, including the challenges they face in the UK, and prepares professionals for meeting a wide range of practical needs. A passionate and compassionate response to the needs of displaced people, this is an excellent starting point for all those working to create a safe and welcoming environment where refugees and asylum seekers are supported." --back cover

"The relationship between truth and politics has rarely seemed more vexed. Worries about misinformation and disinformation abound, and the value of expertise for democratic decision-making dismissed. Whom can we trust to provide us with reliable testimony? In Truth and Evidence, the latest in the NOMOS series, Melissa Schwartzberg and Philip Kitcher present nine timely essays shedding light on practices of inquiry. These essays address urgent questions including what it means to #BelieveWomen; what factual knowledge we require to confront challenges like COVID-19; and how white supremacy shapes the law of evidence"-- Provided by publisher

"Software can already achieve a status very close to legal personhood under existing law. It can "inhabit" a business organization, letting the organization act autonomously, apart from human influence.. This is not as scary as it firsts sounds. Written by a legal theorist with a significant background in computer technology, this book on law & technology shows how existing law in the US can enable software to gain the capabilities of "legal persons," permitting it to enter into contracts, serve as a legal agent, own property, and so forth. The book introduces novel legal-transactional techniques by which these capabilities are already possible and shows how they are supported by legal doctrine and legal policy"-- Provided by publisher

"This book focuses on a series of courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a cast of burlesque theater owners and bookstore clerks, had run afoul of strict obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. These trials set the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry."-- Provided by the publisher

"A Second Reckoning tells the story of John Snowden, a Black man accused of the murder of a pregnant white woman in Annapolis, Maryland, in 1917. He refused to confess despite undergoing torture, was tried-through legal shenanigans-by an all-white jury, and was found guilty on circumstantial evidence and sentenced to death. Despite hair-raising, last-minute appeals to spare his life, Snowden was hanged for the crime. But decades after his death, thanks to tireless efforts by interested citizens and family members who believed him a victim of a "legal lynching," Snowden was pardoned posthumously by the governor of Maryland in 2001.A Second Reckoning uses Snowden's case to bring posthumous pardons into the national conversation about amends for past racial injustices. Scott D. Seligman argues that the repeal of racist laws and policies must be augmented by reckoning with America's judicial past, especially in cases in which prejudice may have tainted procedures or perverted verdicts, evidence of bias survives, and a constituency exists for a second look. Seligman illustrates the profound effects such acts of clemency have on the living and ends with a siren call for a reexamination of such cases on the national level by the Department of Justice, which officially refuses to consider them. "-- Provided by publisher

"The gripping true story of a Supreme Court civil rights battle to prevent biotech companies from owning the very thing that makes us who we are--our DNA"-- Provided by publisher

"Tells the story behind the US Supreme Court's 1937 decision in West Coast Hotel v. Parrish upholding Washington State's minimum wage law for women; illuminates the lives of those involved in the litigation and reveals the case's impact on local, state, and national levels" -- Provided by publisher

Recent political science research into the American legal academy has been 'captured by conservatism'--this research has framed the institutional and ideological developments occurring within the law schools over the past forty years solely through the prism of modern conservatism. As a result, political scientists have ignored the political struggles of one of the most important legal reform movements of the 1980s and overlooked the hope for leftist reform that existed within American law schools during this period. Critical Legal Studies and the Campaign for American Law Schools tells the story of the critical legal studies movement. This formidable movement sought to fundamentally reconstruct law schools, train a new generation of leftist lawyers, and replace the dominant form of legal consciousness governing the American legal system. Instead of projecting a fatalism onto leftist reform, this book relies on extensive archival research and interviews to illuminate the radical potential that lived in the American legal academy of the 1980s. The critical legal studies movement was a towering presence in the law schools, and its legacy continues to hold out political possibilities and reform lessons for leftist legal scholars today

"This exhaustive reference will provide any lawyer with a complete and comprehensive review and discussion of legal project management (LPM), including the business case, the definitions and application, ethical considerations and the issues and constraints in implementation. You'll discover a simple, easy-to-use framework that can be applied from start to finish in any firm or practice area. The book also functions as a complete desk reference for anyone implementing LPM by offering helpful examples, case studies, tools and methodologies." --Publisher's website

"This updated edition provides a clear and basic summary of the provisions of letter-of-credit law in the UCC, principally revised UCC Article 5. Explaining what letters of credit are and what UCC Article 5 does, this guide introduces the provisions and provides a clear description of the purpose and operation, illuminated where appropriate by discussion in the Official Comments." --Publisher's website

In the early 1980s, farmers were suffering through the worst economic crisis to hit rural America since the Great Depression. Land prices were down, operating costs and interest rates were up, and severe weather devastated crops. Instead of receiving assistance from the government as they had in the 1930s, these hardworking family farmers were threatened with foreclosure by the very agency that Franklin Delano Roosevelt created to help them. Desperate, they called Sarah Vogel in North Dakota. Sarah, a young lawyer and single mother, listened to farmers who were on the verge of losing everything and, inspired by the politicians who had helped farmers in the '30s, she naively built a solo practice of clients who couldn't afford to pay her. Sarah began drowning in debt and soon her own home was facing foreclosure. In a David and Goliath legal battle reminiscent of A Civil Action or Erin Brockovich, Sarah brought a national class action lawsuit, which pitted her against the Reagan administration's Department of Justice, in her fight for family farmers' constitutional rights. It was her first case. A courageous American story about justice and holding the powerful to account, The Farmer's Lawyer shows how the farm economy we all depend on for our daily bread almost fell apart due to the willful neglect of those charged to protect it, and what we can learn from Sarah's battle as a similar calamity looms large on our horizon once again

"Understanding the trademark law doctrine of foreign equivalents can feel much like the experience of an English-language speaker attempting to decipher an article in Welsh: mind-numbing, frustrating, and confounding. This article aspires to be none of those." --page 1

"The framers of the Lanham Act were distressed. What if someone tried to register DUCHESS OF WINDSOR lingerie, KNUTE ROCKNE whisky or NOTRE DAME gin? Gasp! "We must," they surely thought, "prevent embarrassment to celebrities and institutions and at the same time impede those who would free ride off of their reputations." Little did they know that their statute would later safeguard the boozy song title "Margaritaville," the NAFTA treaty and a depiction of a three-dimensional mailbox. Anne Gilson LaLonde will tackle all of these in this pamphlet."--Publisher's website

"Circuits can vary significantly in their approach to substantive and procedural ERISA issues. This book lets you become quickly acquainted with ERISA law of a particular circuit. Leading ERISA cases by circuit are covered, along with discovery trends, Risk of Relapse, and more." -- Publisher's website

"This completely updated edition simplifies numerous federal environmental regulations, including pollution prevention, spills and notifications, dumping, hazardous waste, storage tanks, workplace safety, nuclear energy, marine mammal protection, forests, soil/water conservation, ecosystems, wetlands, federal lands management, and wilderness protection." --back cover

"The prominent constitutional law scholar's fascinating argument that we don't need the Constitution after all"-- Provided by publisher

"The most accessible and informative guide to what the Constitution means today is available in a fully updated new edition"-- Provided by publisher

"Is there any way to stop a president who lies constantly about matters large and small, who regularly displays his disconnection from facts or verifiable reality, and whose lies endanger the nation and threaten the very foundations of democracy? This book approaches that question and more by examining how the First Amendment treats deception in public life. President Donald J. Trump's mendacity during his term in office and its consequences for the nation highlighted the urgent need to grapple with lies by public officials and in public debate. But this book is not just about Trump and it is not just about presidents. As I delve into the First Amendment's treatment of deception I will introduce a range of characters from every walk of public life in situations that implicate factual falsehoods and freedom of expression. They include: a minor public official masquerading as a Medal of Honor recipient, purveyors of birtherism, and candidates for office who falsely malign their opponents or even usurp the names of famous people. Their stories, and the outcomes of the resulting court cases, reveal the almost insurmountable constitutional and practical hurdles facing efforts to rein in public deception. The freedom of speech guaranteed by the First Amendment expressly aims to protect unorthodox thought-unpopular views and the ideas of dissidents, which majorities are prone to label "false." A serious tension exists between protecting free speech under the First Amendment and combatting the spread of falsehoods that can endanger a free society"-- Provided by publisher

"This book provides a thorough overview of two decades of election law cases and sheds light on the impact these decisions have had on remaking America's electoral institutions"-- Provided by publisher

"This book proposes a manageable standard for resolving gerrymandering without the entanglements of justiciability and political questions. The standard focuses on the mechanism by which gerrymandering operates, not on the outcome. The precedent for this focus is the solution to disparate population counts in the one-person, one-vote cases. This focus is necessary because any remedy needs to work with other unconstitutional inequities (such as income based gerrymandering) as well as ones based on partisanship"-- Provided by publisher

"This book reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty. It presents a troubling history that reveals how the Supreme Court enabled racist policing and sanctioned law enforcement excesses. The fact that police are nine times more likely to kill Black men than other Americans is no accident; it is the result of an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged. Demonstrating how the prodefendant Warren Court was a brief historical aberration, Erwin Chemerinsky shows how this more liberal era ended with Nixon's presidency and the ascendance of conservative justices, whose rulings (like Terry v. Ohio and Los Angeles v. Lyons) have permitted stops and frisks, limited suits to reform police departments, and even abetted the use of chokeholds. The book concludes that an approach to policing that continues to exalt 'Dirty Harry' can be transformed only by a robust court system committed to civil rights"-- Provided by the publisher

"At the end of the Supreme Court's 2019-2020 term, the center was holding. The predictions that the Court would move irrevocably to the radical right hadn't come to pass, as the justices released surprisingly moderate opinions on cases involving abortion rights, LGBTQ rights, and how local governments could handle the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-2021 term, much about our the nation's highest court will have changed. The right-wing supermajority will complete its first term on the bench, cementing Donald Trump's legacy on American jurisprudence. This is the story of that year. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the storming of the Capitol across the street, the Supreme Court has been at the center of many of the biggest events of the year. Throughout Justice on the Brink, award-winning journalist Linda Greenhouse gives us unique insight into a Supreme Court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect"-- Provided by publisher

"A book about lawbreaking federal judges, the secret disciplinary system that protects them, and brave women who blew the whistle"-- Provided by publisher

"[The] authors ... look at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. They reference many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, concussions in the NFL, and the Boeing 737 Max scandal. [Tort] reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. ... [The authors] argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed."--Back cover

Contents: volume 1: In general -- History of the early common law of privileges -- The history of modern common-law privilege doctrine : the dominance of the instrumental rationale -- Dawn of the statutory era of privilege doctrine -- An evaluation of the instrumental and humanistic rationales for privilege doctrine -- Absolute communications privileges : whether a particular relationship warrants such a privilege -- Absolute communications privileges : elements of the prima facie case : elements other than privileged information -- Absolute communications privileges : elements of the prima facie case : the definition of privileged information -- volume 2: Absolute communications privileges : methods of defeating a prima facie case : proof of a waiver -- Absolute communications privileges : methods of defeating a prima facie case : proof of a special exception -- Conditional communications privileges -- Absolute topical privilege for military and state secrets -- Conditional topical privileges -- Fundamental legisprudential issues in contemporary privilege law -- Impact of constitutional law -- Impact of legal globalization

Exculpatory Evidence, Fifth Edition offers a comprehensive study of the evolution of case law defining the scope of the constitutional right to present exculpatory evidence, which has been used to override virtually every type of evidentiary exclusionary rule. The authors point out incisive constitutional arguments and effective trial defense strategies to foil evidentiary privileges and put the prosecution on guard. Don't rely on the exclusion of prosecution evidence to earn an acquittal. Your client's future depends on your ability to present the best possible defense. That means offering all the favorable evidence you can - even evidence that is technically inadmissible under exclusionary rules or privileges

Contents: Conducting thorough client intake and pre-suit investigation -- Calculating damages in personal injury -- Reviewing insurance, negotiating with the insurance adjuster and demand packages -- Liens in personal injury: a how-to guide -- Initial filing and discovery tips in personal injury -- Using experts to prove your case -- Trying a personal injury case -- Ethics

Contents: Applying for Medicaid : the four eligibility requirements -- Pre-need asset planning -- Crisis planning and assistance -- Trust-based Medicaid planning in detail -- Using special needs trusts : sample trust review -- Applied legal ethics

In this study of the relationship between rhetoric and geometry, David Metzger poses and answers questions of major significance to the field of rhetorical studies. By asking what rhetoric is, he examines why it has always been difficult to define and to determine its purpose and value. He seeks to ascertain how rhetoric can be more clearly valued and therefore better understood, both on its own and as a set of tools with which to write and think

"We live in the era of Big Data, with storage and transmission capacity measured not just in terabytes but in petabytes (where peta- denotes a quadrillion, or a thousand trillion). Data collection is constant and even insidious, with every click and every "like" stored somewhere for something. This book reminds us that data is anything but "raw," that we shouldn't think of data as a natural resource but as a cultural one that needs to be generated, protected, and interpreted. These essays describe eight episodes in the history of data from the predigital to the digital. Together they address such issues as the ways that different kinds of data and different domains of inquiry are mutually defining; how data are variously "cooked" in the processes of their collection and use; and conflicts over what can -- or can't -- be "reduced" to data. Contributors discuss the intellectual history of data as a concept; describe early financial modeling and some unusual sources for astronomical data; discover the prehistory of the database in newspaper clippings and index cards; and consider contemporary "dataveillance" of our online habits as well as the complexity of scientific data curation." --back cover

How to analyze data settings rather than data sets, acknowledging the meaning-making power of the local. In our data-driven society, it is too easy to assume the transparency of data. Instead, Yanni Loukissas argues in All Data Are Local , we should approach data sets with an awareness that data are created by humans and their dutiful machines, at a time, in a place, with the instruments at hand, for audiences that are conditioned to receive them. All data are local. The term data set implies something discrete, complete, and portable, but it is none of those things. Examining a series of data sources important for understanding the state of public life in the United States--Harvard's Arnold Arboretum, the Digital Public Library of America, UCLA's Television News Archive, and the real estate marketplace Zillow--Loukissas shows us how to analyze data settings rather than data sets. Loukissas sets out six principles: all data are local; data have complex attachments to place; data are collected from heterogeneous sources; data and algorithms are inextricably entangled; interfaces recontextualize data; and data are indexes to local knowledge. He then provides a set of practical guidelines to follow. To make his argument, Loukissas employs a combination of qualitative research on data cultures and exploratory data visualizations. Rebutting the "myth of digital universalism," Loukissas reminds us of the meaning-making power of the local. -- Provided by publisher