Recent Acquisitions at the Marquette Law Library

"Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us - it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But, Jason Brennan says, they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results - and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse - more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government - epistocracy, the rule of the knowledgeable, may be better than democracy, and that it's time to experiment and find out."--Book jacket flap

Contents: Voting as an ethical issue -- Arguments for a duty to vote -- Civic virtue without politics -- Wrongful voting -- Deference and abstention -- For the common good -- Buying and selling votes -- How well do voters behave? -- How to vote well

"In Her Words is a unique snapshot of women in the legal profession from around the world at a defining point in their history: following a century of progress but in the midst of a global crisis causing profound uncertainty." --back cover

"This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism." --Publisher's website

This book explores the relationship between constitutional interpretation and the memory of historical evil. Specifically, it examines how the constitutional courts of the United States, Germany, and South Africa have grappled, respectively, with the legacies of slavery, Nazism, and apartheid

"Extreme weather events, resulting from anthropogenic climate change, disproportionately affect developing states such as the Caribbean and Pacific Islands, yet these states make a relatively small contribution to climate change compared to developed states and emerging markets. This book examines the legal responsibility of states with regard to post-disaster reconstruction and the duty to provide early warning from the perspective of various areas of international law, particularly as no specific, singular public international law instrument is applicable or responsible"--Provided by the publisher

"This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students' devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains. Charles J. Russo is Panzer Chair of Education and Research Professor of Law, University of Dayton, USA"-- Provided by publisher

"Antitrust needs an overhaul. So cry neo-Brandeisians, who urge a crackdown on industrial concentration. To the alarm of mainstream antitrust thinkers, the critics have found traction. Hostility to modern competition policy, however, did not arise in a vacuum. This polarized era has seen political upheaval, a populist revival, and diminished faith in capitalism. Implicated in that phenomenon is a renewed focus on antitrust.1 The left desires a fundamental rethink. Some on the right, dispensing with once-cherished principles, yield to protectionist impulses. Antitrust policy thus finds itself at a rare juncture. A shift in emphasis seems certain; a more radical overhaul is possible.2 This point in antitrust history presents an opportunity. A national conversation is upon us - a rare moment for such a wonkish field. Working within a framework largely untouched since 1981, competition law has built on decades of agency experience informed by industrial economics. Today's antitrust thought leaders are rightly proud of the law that they have shaped.3 Yet, familiarity can impede progress. Some anti-monopolists advance iconoclastic positions. For those warmly accustomed to the status quo, it is easy to reject such claims outright. Yet, reformists have pointed to evidence that, though incomplete and ambiguous, raises troubling questions. Now is a time for introspection"-- Provided by publisher

"Delving into the measure of export restrictions, this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification"-- Provided by publisher

"Drone Law and Policy describes the done industry and its evolution, describing the benefits and risks of its exponential growth. It outlines the current and proposed regulatory framework in Australia, the United States of America, the United Kingdom and Europe, taking into consideration the current and evolving technological and insurance landscape. This book makes recommendations as to additional regulatory and insurance initiatives which the authors believe are necessary to achieve an effective balance between the various competing interests. The 23 chapters are written by global specialists on crucial topics, such as terrorism and security, airport and aircraft safety, maritime deployment, cyber-risks, regulatory oversight, licensing, standards, and insurance. This volume will provide authoritative reference and expert guidance for regulators and government agencies, legal practitioners, insurance companies, and brokers globally, as well as for major organisations utilizing drones in industrial applications"-- Provided by publisher

v.2. International Criminal Law (published in 2021).

Federal income tax is an important area of the legal field, because it is intertwined with other areas of law, including domestic law, estate planning, bankruptcy, international law, and criminal law. This research guide provides an overview of the vital primary and secondary sources both in print and online. It thoroughly explores the different sources of primary law, including statutes, regulations, case law, and agency decisions, along with the sources that hold them. Secondary sources, which involve practice guides, legal encyclopedias, hornbooks, treatises, nutshells, portfolios, handbooks, and dictionaries, are also discussed. The legislative history of tax statutes is also explained, including the legislative process, various documents produced, their authority, and their sources. Due to the complexity involved in this area, anyone training to be an accountant or attorney, as well as information professionals, regardless of library setting, need to be knowledgeable about sources of tax law and how to conduct tax research.--Publisher

"This book is a comprehensive guide to legal citation style"-- Provided by publisher

Contents: The questionnaire -- Institutional affiliations of the survey participants -- Characteristics of the sample -- Summary of main findings -- Tables 1.1 -- 7.8

"In the Internet of Things (IoT) era, online activities are no longer limited to desktop or laptop computers, smartphones and tablets. Instead, these activities now include ordinary tasks, such as using an internet-connected refrigerator or washing machine. At the same time, the IoT provides unlimited opportunities for household objects to serve as surveillance devices that continually monitor, collect and process vast quantities of our data. In this work, Stacy-Ann Elvy critically examines the consumer ramifications of the IoT through the lens of commercial law and privacy and security law. The book provides concrete legal solutions to remedy inadequacies in the law that will help usher in a more robust commercial law of privacy and security that protects consumer interests"-- Provided by publisher

"This edition is a complete rewrite of the Divorce Trial Manual, first written over thirty years ago. It incorporates the spirit of the original but expands the scope. While written for trial advocates, the principles in this book help any divorce lawyer who is preparing a case, whether for settlement, mediation, or trial. This book is designed to be read in conjunction with "The Family Law Trial Evidence Handbook" and "100 Days Before Trial: A family Lawyer's guide to Preparation and Strategy.""-- Provided by publisher

"Many states have established trusts that offer the protection of the trust assets from the settlor's creditors which are generally referred to as Domestic Asset Protection Trusts (DAPTs). This resource provides information on the trust rules and regulations in the states that have allowed them, as well as general guidance on key issues, such as selecting a DAPT state, defending or challenging a DAPT, and how trust assets are handled in bankruptcy." --publisher's website

"This edition has been updated to provide a useful guide on construction defect law in the United States"-- Provided by publisher

"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"-- Provided by publisher

A highly respected legal resource, this two-volume treatise provides an up-to-date resource for intellectual property professionals who provide prosecution services and risk analyses to clients in evolving litigation environments. Representing the collaborative effort of highly experienced attorneys, Drafting Patents for Litigation and Licensing focuses on real-life examples taken from court decisions, especially those from the U.S. Court of Appeals for the Federal Circuit, in which patents are interpreted, enforced, or licensed. Lessons gleaned from these decisions are broken out by principle and area of technology, providing detailed advice for drafting strong patents, avoiding problems, and maximizing leverage.--from Publisher's website

"A public option is a government-provided social good that exists alongside a similar privately provided good. While the public option is typically identified with health care policy, public options have been a longstanding feature of American life in a variety of sectors, ranging from libraries to swimming pools. Public schools, for example, coexist alongside private schools. However, there is surprisingly little research on "public options" as a general category. Rather, over the last few decades, considerable scholarly and popular efforts to ensure access to important social goods have focused on market subsidies (like vouchers) or privatization - which both face increasing criticism. Uniting scholars from across disciplines, this volume delves into the theory of the public option, explores several important case studies, and shows how public options could be a corrective to the trend toward privatization and subsidies. This title is also available as Open Access on Cambridge Core"-- Provided by publisher

"The book is about the law, history, public policy, administrative agency processes, and empirical and American labor market realities, around the elusive Social Security Act disability programs' requirements for determining when persons can make adjustments to jobs which exist in significant numbers in the economy"-- Provided by publisher

"The goal of this practical guide to food law is to offer attorneys of all stripes an introduction to how different areas of law and legal practice intersect with food"-- Provided by publisher

Who wrote the Constitution? We think it was the fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. Kowal and Codrington tell the story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. The result is an elegant, sobering account of the evolution of American democracy. -- adapted from jacket

"Randy Barnett and Evan Bernick return to the primary sources on the origin, drafting, and adoption of the Fourteenth Amendment to better understand its original meaning. Arguing that it protected principles of Republican citizenship, fundamental rights, and civil equality, they propose workable doctrines for implementing these principles in practice"-- Provided by publisher

"A gathering of essays by the acclaimed Harvard legal scholar and public intellectual, that explores all the relevant cultural and historical issues of the past quarter century having to do with race and race relations in America. With a gimlet eye, decency and humaneness (and often courting controversy), Randall Kennedy chronicles his reactions over the past quarter century to arguments, events, and people that have compelled him to put pen to paper. Three beliefs that are sometimes in tension with one another infuse these pages. First, a massive amount of cruel racial injustice continues to beset the United States of America, an ugly reality that has become alarmingly obvious with the ascendancy of Donald J. Trump and the various political, cultural, and social pathologies that he and many of his followers display and reinforce. Second, there is much about which to be inspired when surveying the African American journey from slavery to freedom to engagement in practically every aspect of life in the United States. Third, an openness to complexity, paradox, and irony should attend any serious investigation of human affairs. Kennedy has tried to allow that sensibility ample leeway in the essays, prompting within himself surprise, ambivalence, and, on several occasions, a heartfelt need to express apology for prior oversights and mistaken judgments. Say It Loud! is nothing less than Randall Kennedy's magnum opus"-- Provided by publisher

"A pathbreaking work for the #MeToo era, laying out a better response to sexual harms that includes due process for the accused"-- Provided by publisher

"The book is the direct response to the types of questions that educators have asked to author over the years with regards to definitions of certain legal terms as well as what types of resources are available for refugees and immigrants in the community. It is scenario-based, in that it grounds the law and policy explained within its pages in the types of real-life events educators could encounter in the course of their teaching, and it provides practical information that educators can use to both advocate for the refugees and immigrants with whom they work and direct them toward needed services"-- Provided by publisher

"This is the study of anti-Sharia laws in the United States. Ideological and religious factors matter the most for the existence of these laws"-- Provided by publisher

"Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"-- Provided by publisher

"The Impeachments of Donald Trump: An Introduction to Constitutional Interpretation presents an accessible introduction to one of the nation’s most searing constitutional confrontations between the President and Congress. The purpose of the book is two-fold: First, it provides a curated record of a constitutional moment of extraordinary importance in the history of modern democracy. As such, it can be used by any instructor wishing to add interest to constitutional law courses in or outside law schools, whether in departments of history, political science, or legal studies. Second, precisely because this event is important in understanding modern democracy, the book is pitched at a wider audience than standard legal texts, and can be used to teach the very basics of legal argument—how lawyers reason about the constitution—to undergraduates as well as first-year law students. Teaching constitutional reasoning can pose great difficulties when students are given ancient 18th-century materials with no apparent relevance to pressing issues in modern memory. Throughout the book, students are asked to consider the basic form of arguments in constitutional law: text, history, past precedent, future precedent, and democratic ethos. This book contributes to the growing literature addressing democratic constitutionalism—constitutional reasoning outside the courts. More importantly, it provides a lively—and exciting—context in which to teach legal reasoning for introductory courses on the Constitution." -- publisher's website

"The job of the exert witness is to offer opinions about a case based on a subjective understanding and analysis of the evidence. It is the nature of litigation that the opposing side will always dispute those opinions and offer their own counter-opinions. The opinions offered in this book about the cases discussed have all previously been disclosed in publicly available expert witness reports and court documents. They are just that, opinions. Only a Judge or Jury can rule on the ultimate issue of guilt or innocence"-- Provided by publisher

"The Supreme Court's political power rivals that of Congress and the Presidency, and the Justices' ambitions often seem vast. The author argues that the Court has handed down decisions which are essentially religious in character, while speaking the language of constitutional interpretation, and in effect usurping the legislative power of Congress"-- Provided by publisher

Contents: Order of proceedings (federal court) -- Prosecutorial discretion -- Complaint -- Initial appearance -- Custody and release pending trial -- Preliminary hearing -- Grand jury -- Indictment -- Right to counsel and self-representation -- Motion practice -- Subpoena -- Disability of judge -- Pleas and plea bargaining -- Notice rules -- Discovery -- Informant's privilege -- Jurisdiction and venue -- Joinder and severance -- Jury trial and the jury -- Defendant's right to attend trial and related proceedings -- Right to a public trial -- Right to testify -- Right not to testify -- Burden of proof -- Closing argument -- Jury instructions -- Jury verdict -- Jury nullification -- Deadlocked jury -- Speedy trial -- Statute of limitations -- Double jeopardy -- Death penalty -- Sentencing -- Post-conviction remedies -- Ineffective assistance of counsel

Contents: What are trusts? main trust principles -- Simple testamentary trusts and revocable living trusts -- Tax reduction with trusts -- Marital trusts in a nutshell -- Special needs trusts (SNTs) -- Charitable trusts -- Other trust structures and issues -- Legal ethics

"Armed non-state actors often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of the jus ad bellum and the jus in bello, particularly when discussing the use of extraterritorial armed force against armed non-state actors, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a study to close the gaps in the jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by armed non-state actors"-- Provided by the publisher

This book examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers

"In Moving Home, Sandra Gunning examines nineteenth-century African diasporic travel writing to expand and complicate understandings of the Black Atlantic. Gunning draws on the writing of missionaries, abolitionists, entrepreneurs, and explorers whose work challenges the assumptions that travel writing is primarily associated with leisure or scientific research. For instance, Yoruba ex-slave turned Anglican bishop Samuel Ajayi Crowther played a role in the Christianization of colonial Nigeria. Sarah Forbes Bonetta, a formerly enslaved girl gifted to Queen Victoria, traveled the African colonies as the wife of a prominent colonial figure and at the protection of her benefactress. Alongside Nancy Gardiner Prince, Martin R. Delany, Robert Campbell, and others, these writers used their mobility as African diasporic and colonial subjects to explore the Atlantic world and beyond while they negotiated the complex intersections between nation and empire. Rather than categorizing them as merely precursors of Pan-Africanist traditions, Gunning traces their successes and frustrations to capture a sense of the historical and geographical specificities that shaped their careers"-- Provided by publisher

"In To Make Negro Literature Elizabeth McHenry traces African American authorship in the decade following the 1896 legalization of segregation. She shifts critical focus from the published texts of acclaimed writers to unfamiliar practitioners, whose works reflect the unsettledness of African American letters in this period. Analyzing literary projects that were unpublished, unsuccessful, or only partially achieved, McHenry recovers a hidden genealogy of Black literature as having emerged tentatively, laboriously, and unevenly. She locates this history in books sold by subscription, in lists and bibliographies of African American authors and books assembled at the turn of the century, in the act of ghostwriting, and in manuscripts submitted to publishers for consideration and the letters of introduction that accompanied them. By attending to these sites and prioritizing overlooked archives, McHenry reveals a radically different literary landscape, revising concepts of Black authorship and offering a fresh account of the development of "Negro literature" focused on the never published, the barely read, and the unconventional"-- Provided by publisher