Recent Acquisitions at the Marquette Law Library

Does neuroscience show that all our ideas about law and ethics are false? David Opderbeck answers this question with a broad and deep survey of the relationship between theology, science, and ethics. He proposes that Christian theology, which narrates the humanity and divinity of Christ, in conversation with the new Aristoelianism in the philosophy of science, provides a path through secular and religious fundamentalisms alike

"Provocative, audacious and challenging, this book rejuvenates not only the historical study of law and but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that that legal change on a larger scale is possible. Subversive Legal History is not a type of Legal History but is a characteristic. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. The book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today's law students are better equipped to be the professionals and citizens of tomorrow"-- Provided by publisher

"This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the interconnected global histories of law and social change from the Middle Ages to today. It analyzes the global proliferation of large corporate law firms - a US invention - and with them US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of this US-inspired modernism. Drawing on an interconnected history of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details six case studies - India, Hong Kong, South Korea, Japan, and China -- to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interconnected fields across time and geographies"-- Provided by publisher

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature

The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.-- Provided by publisher

This book is the first of its kind to discuss doping within Non-Olympic Sports. Sports like American football, cricket and dance sports have, in recent years, been in the news for doping activities. The scale of the incidents may differ in each of these sports, but they present interesting questions about the legitimacy of the World Anti-Doping Agency (WADA) Code. Doping in Non-Olympic Sports: Challenging the legitimacy of WADA? argues against the International Olympic Committee (IOC)-run regime where WADA Code compliance is used as the only parameter to define an activity as a sport. The book argues that the definition of modern sport is based on certain factors identified through sociological and historical research. These parameters are common across the board and do not distinguish between Olympic and Non-Olympic sports. However, the use of the word Olympic in the Non-Olympic sport terminology subjects such sports to IOC dictates. Consequently, the IOC exploits its monopoly over the word Olympics to insist on WADA Code compliances. The numerous instances of doping, as reported, goon to prove that WADA is turning a blind eye to these Non-Olympic sports. This book is the first to dissect the issue of doping within Non-Olympic sports and questions the very idea of WADA compliance as a condition precedent to defining sports going on to highlight the inbuilt inequity within the existing anti-doping system wherein a private regime is usurping the State's discretion. The new, cutting edge research book is key reading for academics and researchers in the fields of Coaching, Sport Pharmacology, Sport Medicine, Sports Law, and the related disciplines

"This handbook shares best practices for corporate international investigations with robust localized guidance for 11 key jurisdictions worldwide. In addition to the fundamentals of conducting an internal investigation, the reader will learn what legal and cultural nuances should inform investigations in a given jurisdiction. All chapters follow a parallel structure, including a summary of key recommendations at the end, to facilitate easy reference by busy counsel." --back cover

"The incredible life story of Haben Girma, the first Deafblind graduate of Harvard Law School, and her amazing journey from isolation to the world stage." -- From Amazon.com summary
Girma grew up with her family in the Eritrean city of Asmara during Eritrea's thirty-year war with Ethiopia. Defining her disability as an opportunity for innovation, she learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created a new way to connect with people. Pioneering her way through obstacles, Girma graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. This is a testament to her determination to find the keys to connection. -- Adapted from jacket

"A primer on legal issues relating to cyberspace, this textbook introduces business, policy and ethical considerations raised by our use of information technology. With a focus on the most significant issues impacting internet users and businesses in the United States of America, the book provides coverage of key topics such as social media, online privacy, artificial intelligence, and cybercrime as well as emerging themes such as doxing, ransomware, revenge porn, data-mining, e-sports and fake news. The authors, experienced in journalism, technology and legal practice, provide readers with expert insights into the nuts and bolts of cyber law. Cyber Law and Ethics: Regulation of the Connected World provides a practical presentation of legal principles, and the book is essential reading for non-specialist students dealing with the intersection of the internet and the law"-- Provided by publisher

Contents: Discussion Draft [No. 1]; Discussion Draft No. 2
April 11, 2013: Chapter 1. Federal-tribal relations
Appendix. Black letter of discussion draft. Discussion Draft No. 2. April 24, 2014: Chapter 1. Federal-tribal relations
Appendix. Black letter of discussion draft no. 2

T.D. no. 2, T.D. no. 3
Contents:
No. 1. (April 22, 2015). Chapter 1. Federal-tribal relations
Appendix. Black letter of tentative draft no. 1
No. 2 (March 13, 2018). Chapter 2. Tribal authority ([sections] 15-16, 20-32, 34-35)
Appendix A. Black letter of Tentative draft no. 2
Appendix B. Other relevant black-letter text
No. 3 (March 19, 2019). Chapter 3. State-tribal relations
Subchapter 2. The Indian Child Welfare Act and similar state laws (sections 44-51)
Chapter 4. Tribal economic development
Subchapter 2. Indian tribes as economic actors (sections 58-62, 64-66)
Chapter 5. Indian country criminal jurisdiction
Appendix A. Black letter of tentative draft no. 3
Appendix B. Other relevant black-letter text
No.4 (April 29, 2020). Chapter 1. Federal-tribal relations (section 10) (revised)
Chapter 2. Tribal authority
Subchapter 2. The powers of Indian tribes (section 33)
Chapter 3. State-tribal relations
Subchapter 1. State authority (sections 36, 36A, and 37-43)
Chapter 4. Tribal economic development
Subchapter 1. Indian tribes as economic regulators (sections 52-55)
Subchapter 2. Indian tribes as economic actors (sections 63, 67-68)
Chapter 6. Natural resources
Appendix A. Black letter of tentative draft no. 4
Appendix B. Black letter of sections approved by membership.

"The purpose of this manual is not to summarize all aspects of the law or to opine on what the law should be. Our purpose is also not to teach government contracts lawyers all they need to know about corporate law or, alternatively, to make corporate lawyers experts in government contracts. Instead, this guide is written to identify key transactional issues that arise in transactions involving government contractors across corporate, antitrust, political, foreign investment and other areas of law. Our goal is to provide audiences with targeted, and most importantly, useful advice from practitioners who have been involved in hundreds of transactions (often on opposite sides of each other). It is our hope that readers will learn from our hard-earned experience in the form of bold "Best Practice Tips" and this volume's highly structured, easy to reference format. Each page is designed to allow a reader to quickly grasp a key issue to readily deploy in their practice. This volume also includes detailed appendices and forms that will help practitioners to supplement their existing forms, gather key documents and perform comprehensive government contracts due diligence"-- Provided by publisher

"In Industry Unbound, Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how we use their data-extractive products. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information"-- Provided by publisher

"An essential resource to help lawyers develop greater familiarity and understanding of bankruptcy law, this handbook provides entry into bankruptcy analysis and processes for practitioner's embarking on identifying, asserting, objecting to and/or defending claims in a bankruptcy case and evaluating the manner that claims may be treated." --Publisher's website

"The third edition of the Franchise Law Compliance Manual continues the tradition of providing a 'practical, comprehensive guide to establishing and maintaining a successful corporate compliance program.'"-- Provided by publisher

"Burrow-Giles Lithographic Co. v. Sarony produced one of the Supreme Court's first interpretations of the term writings of authors in the Constitution s copyright clause. But Burrow-Giles also stands out in U.S. copyright jurisprudence for its analysis of the impact of new technological modes of creation on the concept of authorship. Part I of this book explores the doctrine and debates over the copyright status of photographs before and immediately after the 1865 amendment in which Congress explicitly added photographs to the statutory subject matter of copyright. Part II assembles primary sources to lay out the story of the litigation over Sarony's Oscar Wilde photograph, from Sarony's initial complaint through the Supreme Court's decision, including a postscript on the fate of Sarony's photographic studio. Part III documents legislative and case law developments after Burrow-Giles, examining pre-1909 Act cases and subsequent legislative developments, the surprisingly sparse case law under the 1909 Act, and subsequent case law under the 1976 Act to the present. Notes and questions accompany each section, making the text ideal as an elective or a supplement to any course in Intellectual Property or Copyright Law."--Amazon.com description

"The goal of this book is to provide legal practitioners, consultants, and other interested individuals with an overview of the Clean Air Act and its implementing regulations"-- Provided by publisher

"Gendered Citizenship outlines how the original conflict over the Equal Rights Amendment (ERA) altered the nature of American Citizenship, creating justification for sex-specific treatment and rights that still exist today"-- Provided by publisher

"Brief Description of Book: Concise student guide covering all key aspects of administrative law. Audience: Upper-level law students-2Ls & 3Ls Formats: Print and eBook [for all books]"-- Provided by publisher

Contents: Overview -- Types of authority -- Research process -- Constitution -- Statutes -- Legislative histories -- Treaties and other international material -- Treasury regulations -- Internal Revenue Service documents -- Judicial reports -- Citators -- Looseleaf services -- Legal periodicals and nongovernmental reports -- Form books, checklists, and IRS model language -- Newsletters -- Microforms -- Online legal research -- Appendix A. Commonly used abbreviations -- Appendix B. Alternate citation forms -- Appendix C. Potential research errors -- Appendix D. Commonly owned publishers

"This review of the Supreme Court's October 2020 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic." --Publisher's website

"Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"-- Provided by publisher

"Since the publication of A Practitioner's Guide to Class Actions, Second Edition in 2017, the U.S. Supreme Court has continued to decide class action issues each year, involving everything from standards of proof to pre-certification expert witness challenges to class action waivers in arbitration. Those decisions have had a trickle-down effect on the federal circuit and district courts, as well as the jurisprudence of the many states. Additionally, the rise of automotive and privacy classes necessitated brand new chapters on those claims. The Third Edition also includes a new chapter on Damages in class actions that contains a discussion of common methods of proof in consumer class actions, such as conjoint surveys and regression methods." --Publisher's website

Contents: Objecting to deposition notices and subpoenas -- Motions to quash or limit deposition subpoenas -- Preparing witnesses for deposition objections -- Attorney-client privilege -- Attorney work product privilege -- Proprietary and confidential information -- Witness self-incrimination -- Family communications privileges -- Privileges for communications with professionals -- Privacy privilege -- Legal process privileges : law enforcement records, deliberative process, settlement discussions -- Relevance : overbroad and burdensome questions -- Other objections : vagueness, ambiguity, repetition, lack of foundation, multiple questions, and continuing objections -- Legal conclusions -- Court rulings and supervision during a deposition -- Instructing the witness not to answer a question -- Coaching and communications with the witness during breaks -- Colloquies and stipulations among counsel -- Motions to strike and clarification of testimony -- Objections at expert witness depositions -- Objections to testimony of witnesses you do not represent -- Objections to videotape and remote depositions -- Objections at depositions of non-english speaking witnesses -- Objections to attendance of unauthorized persons -- Making and opposing motions to compel deposition testimony -- Reviewing and correcting the deposition transcript -- Appendix 1: Where to find rules relating to depositions

"This book introduces young lawyers to the art of trial advocacy. The author provides a historical context and shares engaging stories of exemplary trial lawyers throughout history. He then walks the reader through the role and qualities of the trial lawyer and presents an in-depth primer on rhetoric and persuasion. Each stage of the trial is considered in depth with examples from real cases." --Publisher's website

Contents: Introduction -- Constitutional aspects of criminal investigation -- Crime scene investigation -- Interviewing witnesses at the crime scene -- Documenting the investigation : the report -- Identification, collection and processing of physical evidence -- Fingerprints -- Firearms identification -- Tool marks and impressions -- Questioned document evidence -- Transfer and trace evidence -- Forensic interviewing and interrogation -- Computer forensics -- Property crimes : theft and burglary investigations -- Rape and other sexual offenses -- Criminal death investigations -- Drug investigations -- Robbery investigations -- Investigation of white collar crimes and organized crime -- Terrorism investigation and homeland security -- Arson investigation -- Appendix 1: The Simpson-Goldman murder investigation : analysis of the investigative issues -- Appendix 2: The 2002 Washington D.C. area sniper shootings : a case analysis of the multi-jurisdictional investigation

"Through close research, qualitative analysis, published court decisions, statutes, and law review articles, along with unusual secondary sources including nineteenth-century political and legal journals and journals of state constitutional conventions, Ranney indicates how Mississippi law has both shaped and reflected the state's character and, to a certain extent, how Mississippi's legal evolution compares with that of other states. Ranney examines the interaction of Mississippi law and society during key periods of change including the colonial and territorial eras and the early years of statehood when the legal foundations were laid; the evolution of slavery and slave law in Mississippi; the state's antebellum role as a leader of Jacksonian legal reform; the unfolding of the response to emancipation and wartime devastation during Reconstruction and the early Jim Crow era; Mississippi's legal evolution during the Progressive Era and its legal response to the crisis of the Great Depression; and the legal response to the civil rights revolution of the mid-twentieth century and the cultural revolutions of the late twentieth century. Histories of the law in other states are starting to appear, but there is none for Mississippi. Ranney fills that gap to help us better understand the state as it enters its third century." -- Provided by publisher

Contents: FLSA essentials : practically applying the most recent legal perspectives -- Using handbooks to protect against legal liabilities : with example policies -- HIPAA best practices for HR : ensuring confidentiality of medical information -- Hiring and firing : legal do's and don'ts for crucial HR functions -- Social media policies : balancing employer needs and employee rights -- Drugs and alcohol in the workplace : marijuana and other considerations -- Employee relations : legal solutions for sensitive workplace issues

"This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns"-- Provided by publisher

"This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances "the law of humanity project". In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law - a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs"-- Provided by publisher

"This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law"-- Provided by publisher