Recent Acquisitions at the Marquette Law Library

"These thirteen lectures on the 'punitive society, ' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society."--Publisher description.

We are living in a time of unprecedented access to high-reward, high-dopamine stimuli: drugs, food, news, gambling, shopping, gaming, texting, sexting. The smartphone is the modern-day hypodermic needle, delivering digital dopamine 24/7 for a wired generation. Lembke explores new scientific discoveries that explain why the relentless pursuit of pleasure leads to pain-- and what to do about it. She illustrates how finding contentment and connectedness means keeping dopamine in check. The secret to finding balance is combining the science of desire with the wisdom of recovery. -- adapted from jacket

"Here for the first time in a single authoritative annotated edition are two masterworks by one of America's greatest historians, Richard Hofstadter (1916-1970). In the Pulitzer Prize-winning Anti-intellectualism in American life (1963) and in The paranoid style in American politics (1965), Hofstadter offered groundbreaking and still urgent analyses of deep undercurrents in American life: a stubborn, irrepressible opposition to rationality, expertise, and higher learning, and the destabilizing pull exercised by conspiratorial movements on the right and left"--page [2] of jacket

"Water has been so critical to Milwaukee's development that imagining the community without it is virtually impossible. Milwaukee was literally built on water -- along the shores of Lake Michigan and its three main rivers, the Milwaukee, Menomonee, and Kinnickinnic, and on top of countless tons of landfill that raised the entire city out of the wetlands in the 1850s. Water was also the driving force behind many elements of Milwaukee's evolution, for transportation, industry, recreation, sanitation, or simply as the backdrop for daily life."--Provided by publisher

"Setting wages isn't an exact science, but we like to think that our workplace performance provides an objective basis for pay. You're Paid What You're Worth offers a bold theory to the contrary, arguing that pay is decided in contests over interests and ideals-that social conflicts, not economic metrics, determine who gets how much"-- Provided by publisher

In this seminal work, the authors enlist the insights of academic specialists, professionals within the criminal justice system, and individuals who have served time to bring voice to the subject of suicide within the criminal justice system. This unique book provides insights that have yet to be broadly examined. Whether you are a defendant, family member, criminal defense attorney, prosecutor, judge, law enforcement officer, academic, or mental health professional, this book provides much-needed information about a pervasive phenomenon––suicide in the criminal justice system. --publisher's website

Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu's repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a "judicial State apparatus", a "repressive system", whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of "juridico-political matrices" that he had begun in the previous year's lectures (Lectures on the Will to Know) and which is at the heart of the notion of "knowledge-power". In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault's courses at the Collège de France (the first volume of which was published in 1997)

Orthodox reporting and conventional scholarship focuses on the factors that distinguish each presidential contest and then attempts to explain them. This book rather, demonstrates that the politics of presidential nomination has been remarkably stable in the United States since the 1830s and right through to 2020. A common bandwagon dynamic, rolling once through party organizations and now through presidential primaries, permits a simple measure that has predicted nominations well before the decisive threshold was reached, while allowing precise comparisons across the years. So it becomes possible to separate the handful of things that matter for winnowing a large and diverse society into two individual presidential nominees. This funnel of causality moves through the occupational and careers seedbeds of a field of presidential aspirants, squeezing these fields by way of a small set of structural shapers, until party factions and factional struggles--not rules of the game, not candidate characteristics, not nominating strategies, nor all the other ephemera so beloved of commentators and observers--actually choose a given nominee

"Over the past few decades, a fundamental shift in political campaign strategy has been afoot in U.S. elections: Political campaigns have been gradually shifting their attention away from swing voters toward their respective, partisan bases. Independents and weak partisans have been targeted with less frequency, and the emphasis in contemporary elections has been on strong partisans. This book documents this shift away from persuasion toward base mobilization in the context of U.S. presidential elections and explains that this phenomenon is likely linked to several developments, including advances in campaign technology and voter targeting capabilities as well as insights from behavioral social science focusing on voter mobilization. The analyses show the 2000 presidential election represents a watershed cycle that punctuated this shift. The book also explores the implications of the shift toward base mobilization and links these developments to growing turnout rates for strong partisans and attenuating participation among independents, or swing voters over time. The book concludes these patterns have contributed to heightened partisan polarization in the United States"-- Provided by publisher

Women are still underrepresented as public-sector organizational leaders, despite comprising half of the United States public-sector workforce. To explore the factors driving gender imbalance, this Element employs a problem-driven approach to examine gender imbalance in local government management. We use multiple methods, inductive and deductive research, and different theoretical frames for exploring why so few women are city or county managers. Our interviews, resume analysis and secondary data analysis suggesting that women in local government management face a complex puzzle of gendered experiences, career paths and appointment circumstances that lend insights into gender imbalanced leadership in this domain

"Ming Hsu Chen provides readers with the everyday perspectives of immigrants on what it is like to try to integrate into American society during a time when immigration policy is focused on enforcement and exclusion"-- Provided by publisher

"A ... political scientist traces the origins of urban-rural political conflict and shows how geography shapes elections in America and beyond. Why is it so much easier for the Democratic Party to win the national popular vote than to build and maintain a majority in Congress? Why can Democrats sweep statewide offices in places like Pennsylvania and Michigan yet fail to take control of the same states' legislatures? Many place exclusive blame on partisan gerrymandering and voter suppression. But as political scientist Jonathan A. Rodden demonstrates in Why Cities Lose, the left's electoral challenges have deeper roots in economic and political geography. In the late nineteenth century, support for the left began to cluster in cities among the industrial working class. Today, left-wing parties have become coalitions of diverse urban interest groups, from racial minorities to the creative class. These parties win big in urban districts but struggle to capture the suburban and rural seats necessary for legislative majorities. A bold new interpretation of today's urban-rural political conflict, Why Cities Lose also points to electoral reforms that could address the left's under-representation while reducing urban-rural polarization."-- Provided by publisher

"This book examines the dynamics behind shifts in voter registration rates across the states and adopts a framework of collaborative governance with election administration at its center. The book starts by introducing readers to the "voter registration gap," an aggregate measure of variance in voter registration, and demonstrates how it fluctuates between federal elections. To explain why this variance exists, the author examines the relationship between federal reforms, such as the National Voter Registration Act (NVRA) and the Help America Vote Act, and state-level reforms, such as Online Voter Registration. Thessalia Merivaki argues that the weak relationship between the two is not surprising, since it hides dramatic variations in administrative practices at the local level, which take place in shorter intervals than the most frequently used two-year estimates. In closing, she shows that challenges to successfully registering to vote persist, largely because of how, when, and where eligible citizens have to register." -- back cover

"The three authors, each an economist, provide a critical, empirical assessment of the legal profession, in particular its self-regulation, how it limits the public's access to justice, and its role in the persistent inefficiency of government policy. They also provide recommendations for deregulating the legal profession to improve its efficiency and equity, and consequently benefit society in general and its most vulnerable members in particular"-- Provided by publisher

"This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The use case of smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology"-- Provided by publisher

"Anti-Money Laundering Regulation and Compliance: Key Problems and Practice Areas is a comprehensive treatment of the anti-money laundering/combatting the financing of terrorism (AML/CFT) and sanctions compliance programs, recordkeeping and reporting requirements, and the best practices under the Bank Secrecy Act (BSA) and sanctions regulatory regimes. AML/CFT and sanctions provisions are highly interrelated. Onboarding and customer due diligence requirements generate the data entered into transaction monitoring and screening systems. This book is unique in placing the prescriptive and program elements within the 'risk-based approach' that is foundational to AML/CFT compliance and the related risk management systems." -- back cover

"Based on a questionnaire that provided a common framework, this survey focuses on the choice-of-law complexities and substantive similarities and differences involved in international secured transactions. Covering more than 40 jurisdictions, this resource reveals the richness and complexity of commercial law in respect of security interests in financial collateral for international transactions." -- publisher's website

"This book investigates high court behavior across the world through a comparative empirical approach, so as to determine whether and under what conditions these influential courts can check other political actors, protect minority interests, and have an active role in policy making"-- Provided by publisher

"The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered "ecological" in nature. In particular, it argues that an ecological constitution is one that codifies the following key principles, at a minimum: the principle of sustainability; intergenerational equity and the public trust doctrine; environmental human rights; rights of nature; the precautionary principle and non-regression; and rights and obligations relating to a healthy climate. In the context of the global environmental crisis that characterizes the current Anthropocene era, these principles are important tools for changing consciousness and driving pragmatic policy reforms around the world. Re-imagining constitutions along these lines could play a vital role in the collective project of building a sustainable future for humans, animals, ecosystems and the biosphere we all share. This book will be of great interest to students and scholars of environmental law, ecological law, environmental constitutionalism, sustainability and rights of nature"-- Provided by publisher

"On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"-- Provided by publisher

Over the last decades, environmental law has significantly contributed to limiting pollution and decoupling economic growth and negative environmental effects. However, current challenges require out-of-the-box solutions, integrated and inclusive approaches of both public and private actors and cross-border sets of instruments. This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability. This book focuses on issues such as what legal instruments optimally encourage disruptive breakthroughs and where law may actually hamper sustainable innovations and solutions. It examines conceptual issues and specific legal tools, not only from an EU law perspective, but also from national and international law perspectives. Alongside general discussions about the role that law plays in encouraging sustainability, the book also concentrates on substantive areas in which transition processes to sustainability are urgently needed: the transition to a low carbon economy in order to comply with the Paris Agreement for climate change, the transition to a holistic management of water resources to achieve water security and the transition to halting the loss of biodiversity. The different contributions make clear that until recently, law played a limited role and should be further developed and improved to better align with the more general aim to move towards a sustainable society. This book can serve as an inspiration for further discussion on the role of law as a tool for supporting the transition to a sustainable future. The volume consists of a selection of contributions to the discussion on legal transitions to sustainability presented at the 7th European Environmental Law Forum (EELF) Conference in 2019, hosted by Utrecht University, the Netherlands

"The central issue of this book is what happens when foreign investments or contractual relationships are caught in the crossfire of an armed conflict, sanctions imposed by one state against another, allegations of corruption, or state dislocation"-- Provided by publisher

"The global supply chain is broken. Because COVID-19 brought this issue to the forefront, many assume that the pandemic is the reason for the collapse. It is not. Instead, four MaxTrends(TM) are largely responsible for the transformations already underway. Transforming the Global Supply Chain describes these MaxTrends(TM) in detail--the growing presence of cyber threats, the revolutionary impact of 3-D printing, the rapid adoption of robotics, and the new ways nations everywhere are seeking to protect their domestic economies from foreign competitors. For many reasons, the biggest casualty over the next five years will be China. Some companies are already beginning the process of moving their supply chains out of China to other locations in Southeast Asia, India, and the Americas. Those U.S. companies that are aggressively reacting to economic and political pressures by reshoring their supply chains back to America are poised to be the most successful over the long run." --back cover

"[This] book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics." --back cover

"This book explores the current legal and regulatory frameworks comprehensively from the perspective of how they may facilitate the routine and cross-border operations of unmanned aircraft systems (UAS). While the International Civil Aviation Organization is working to amend and create new Standards and Recommended Practices for the operation of UAS on cross-border flights, Member states have already produced regulations that facilitate the integration and operation of the aircraft within their national airspace. The increasing operations of UAS have increased the safety and security concerns on manned aviation, and hence there is an escalating need to adopt a comprehensive regulatory framework for the operation of UAS aimed at safe and efficient integration. The author, an air law practitioner and diplomat, identifies the legal challenges and proposes measures to meet them"--Publisher's description

"Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens - or their national and local interests - while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come." -- Back cover

"This textbook will provide detailed guidance for individuals drafting scholarly legal writing including law review articles, casenotes, and seminar papers. It guides writers through topic selection, preemption checking, researching, evaluating sources, outlining, and drafting the scholarly article. It also teaches students the value of critical reading, critical thinking, and development of analytical frameworks"-- Provided by publisher

Contents: Destination law school -- Pre-trip planning : what to do before you arrive -- Fear factor : top five law student worries -- What kind of student do you want to be? : twenty law student types -- The first-year curriculum : what to expect -- The first days : starting out right -- The Socratic and case methods -- Reasons to participate in class and ten tips for doing it well -- Law professors -- Top five habits of successful students : a C.R.E.D.O. -- Case-briefing -- Note-taking -- Outlining -- A short course in law school exams -- Exam preparation -- Law school essay exams : fifteen common mistakes -- Tackling law school multiple-choice questions -- Legal research and writing : an interview with five experts -- The bleak side of law school -- Maintaining well-being -- Welcome BACK to the jungle : the perilous second semester -- "Night" and other nontraditional students -- Law school and outside relationships -- Law review, moot court, and other extracurricular activities -- Online learning -- Career planning in a changing legal world -- Recapping law school's first year in the words of students -- Epilogue: The end of a long and grinding road -- Appendix. Sample essay question

"He was seventeen when an all-white jury sentenced him to prison for a crime he didn't commit. Now, in this unforgettable memoir, a pioneering lawyer recalls the journey that led to his exoneration-and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier-and won. In this cinematic story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Justice for Sale is an unforgettable firsthand account of the limits-and possibilities-of our country's system of law"-- Provided by publisher

"This book discusses the history of adoption, uncontested and contested adoptions, as well as how to prep for trial"-- Provided by publisher

"What is an easement? The classical definition of an easement is “a nonpossessory interest in the land of another that entitles the holder to use the land for a particular purpose.” Most easement agreements create relationships that the parties want to last indefinitely, i.e., forever, or until the easement itself becomes obsolete a century or two later. Keep in mind when you draft an easement agreement that a hundred years later the owners of the properties tied to the agreement may dispute what it means, when the original parties will not be available to explain what they meant."-- publisher's website

"Ever since shortly after the first cars appeared on American roads, all states have operated under the "fault and liability insurance system," where a driver's degree of negligence, if any, determined whether they were entitled to receive compensation. Resolving disputes over fault was a slow process that, in many cases, left injured people without recoveries while lawyers representing the injured person and the insurance company haggled over the amount of recompense. It was a system that most commentators found did not serve injured people nearly as well as it served the lawyers and insurers. The tort system fails to compensate a large percentage of injured people, overcompensates those who suffer minor injuries and undercompensates those with serious injuries, and often takes years to resolve serious injury claims. Highway Robbery is a first-hand account of the battle to create a better, no-fault system against the opposition of the special interests determined to protect their economic stake in the existing insurance system. Peter Kinzler tells the story of his involvement in two failed federal efforts, twenty years apart, to enact no-fault automobile insurance legislation. The first congressional fight in the 1970s, in which he was the lead House staffer, was between the initial supporters of the no-fault reform-primarily consumer groups and unions-and the opponents, the vested interests of lawyers and insurers. The second fight was between primarily consumer activists and conservative organizations and the same special interests, during which time Kinzler was the president of the Coalition for Auto-Insurance Reform (CAR) a private, nonprofit coalition organized solely to help secure passage of a federal bill in the 1990s and 2000s. Both efforts illustrate the challenge of passing significant federal legislation, especially in our polarized, hyper-partisan age"-- Provided by publisher

Small businesses comprise the majority of businesses in the U.S. and they play an integral role in local communities by creating jobs and giving back. To help small businesses operate in a socially responsible manner, this practical guide will help lawyers and other professionals who counsel small businesses effectively plan and implement a Corporate Social Responsibility (CSR) program for small businesses and start-up companies. --publisher's website

"Study guide Audience: Law school students taking securities regulation courses"-- Provided by publisher

Contents: First considerations -- UDAP scope -- Demonstrating that a practice is a UDAP violation -- Deception, unfairness, and unconscionability and abusiveness -- General sales and performance practices -- Credit and collections -- Motor vehicle sales, rentals, and repair -- Home and home-related transactions -- Services, insurance, opportunity schemes, other transactions -- Liability of various parties -- Litigating UDAP cases -- Private UDAP remedies -- State agency enforcement

"For those new to the field of franchising, this book is a useful starting place for identifying the basic, recurring issues in franchise litigation. And for both new and experienced practitioners, it provides insights into many of the more difficult and still-emerging issues that are most frequently encountered as disputes between franchisors and franchisee continue to proliferate. This practical guide takes the essence of a franchise dispute and makes the most difficult franchise litigation seem less complex."-- publisher's website

"The ethical and moral debate about photographic images in this global society continues to increase dramatically. Freedom of speech and the right of privacy are more and more in conflict. This updated book provides both a practical and personal perspective on the photographer's critical rights and obligations. This unique resource covers core areas of intellectual property law, tort law, and criminal law and contains necessary information for lawyers, photographers, and content creators. The book covers copyright, privacy and defamation, trespass, social media--and includes discussions about the evolution of drone photography. Lawyer and photographer Steven Richman uses several additional cases and situations to illustrate the potential pitfalls a photographer may encounter." --publisher's website

"The outbreak of COVID-19 caused our society to rethink the fundamental meaning of "work", and the extent to which employment has any physical boundaries. With literally hundreds of thousands of workers required suddenly to work from home, the perception of virtual employment radically changed overnight. Indeed, many employers that were previously strongly and openly opposed to allowing workers to perform their job duties outside of a brick-and-mortar facility quickly required such work-at-home relationships. The law, which often takes decades to refine with respect to employment doctrine, could not keep pace with these changes. Indeed, in my vast experience in this field, I can recall no singular event that has had a quicker, more substantive impact on the workplace"-- Provided by publisher

"This book is the latest development in YLD's efforts. The ten essays included here range from overviews of the need for pro bono disaster legal assistance and the roles of the organized bar and civil legal services providers in meeting it to informative, nut-and-bolts guides to specific issues in disaster legal aid-such as navigating flood insurance claims, dealing with post-disaster housing and tax issues, and understanding the specific needs of vulnerable populations. This volume is a valuable resource for the entire disaster response community-and the latest of many contributions from a leader of that community, the ABA Young Lawyers Division"-- Provided by publisher

"This book is intended to introduce the reader to examples of some of the persons who helped to invent and develop the field of environmental law. Some of these pioneers are well known; some are more obscure, but still have played critical roles in field of environmental law. A 'pioneer' is among the first to explore a new area. And a pioneer of environmental law may be one who (1) first recognized the importance of the natural environment, (2) helped to invent the relatively new doctrine of environmental law and then ensured that it would survive, or (3) once the new law was accepted, took new and creative approaches to established principles and applied these ideas to environmental law"--Publisher's description.​

"The medical device industry has experienced tremendous innovation and growth in recent years, with more than 200 million medical devices in use globally. For those seeking to bring medical devices to market, this exciting expansion also comes with pronounced risks and challenges, particularly on the legal front. Authored by experts with decades of collective expertise and familiarity with both government and private sectors, Bringing Medical Devices to Market will guide practitioners and professionals on the entire process, covering intellectual property issues at proof-of-concept stage, regulatory barriers, rules of engagement regarding promotion, contract considerations, compliance in all phases, and more."-- back cover

"As universities were instituting affirmative action in the early 1970s, two white men challenged race-conscious admissions at professional schools. The now-famous cases of DeFunis v. Odegaard (1971-1974) and Regents of the University of California v. Bakke (1974-1978)-which opened the door to reverse discrimination-have been the subject of extensive analysis. Most of the voluminous literature has focused on the Court's far from definitive answers to important constitutional questions and only briefly summarized the facts disclosed at trial. But these factual records deserve more critical scrutiny than they have so far received. In The Making of Reverse Discrimination, Ellen Messer-Davidow restores to these two cases the facts that were omitted from or distorted during the trials, showing how the attorneys used the deficient factual record to construct reverse-discrimination complaints. In addition to examining the wider social and historical context, she provides a close analysis of the briefs, opinions, arguments, and dissents to uncover the flawed logic at the heart of these cases. Her study is an eye-opening look at the way the law and language were manipulated to devise racialized narratives that undermined the interests of minorities. The result is more than just a deconstruction of these two cases and a genealogy of reverse discrimination-though it is certainly that. Messer-Davidow uncovers the way contemporary legal discourse itself makes possible, indeed inevitable, the disappearance of systemic racism under the cover of purportedly neutral principles of law. She further shows how this legal occlusion of racism has been disseminated through conservative networks and organizations, creating the culture-war environment that currently hobbles societal efforts to address structural injustice"-- Provided by publisher

"This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"-- Provided by publisher

"While much of the transfer of wealth comes in the form of inheritance, today inter vivos expenditures for a good education may be even more important than intergenerational transfers at death. This accessible resource focuses on Section 529 plans, comparing and contrasting them with other education planning techniques. The authors identify the need to develop strategies for financing K-12, college, graduate, or professional education, detail the rules by which these goals may be accomplished, and explain how to integrate education planning into an individual's comprehensive paradigm for financial, tax, retirement, and estate planning. Although the book's primary focus is on 529 plans, this accessible resource also provides a thorough introduction to the other education savings vehicles that are available. In addition, the book addresses strategies for financing education when savings prove inadequate, including guidance on financial aid planning." -- publisher's website

"This book deals with important issues of constitutionalism in the American Revolution. It ranges from the imperial debate that led to the Declaration of Independence to the revolutionary state constitution making in 1776 and the creation of the Federal Constitution in 1787. It includes a discussion of slavery and constitutionalism, the emergence of the judiciary as one of the major tripartite institutions of government, and the demarcation between public and private that was a consequence of the government"-- Provided by publisher

"Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected. Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities. In doing so, the book urges progressives to follow this rule of thumb in the post-Trump era: If a constitutional principle was worth deploying to resist Trump's harmful policies and autocratic governance, then it is worth defending in the post-Trump era even if it makes the short-term attainment of progressive objectives more difficult. This type of principled constitutionalism is essential not only because being principled is good in and of itself, but also because being principled in matters related to federalism, separation of powers, and free speech will help both advance progressive causes over the long run and reduce the threats posed by future autocratic leaders in the Trump mold to our system of self-governance, to our democratic values, and to traditionally subordinated minorities. Going forward, progressives should promote and defend constitutional principles grounded in federalism, separation of powers, and free speech regardless of whether they have an ally or an opponent in the White House"-- Provided by publisher

Is there a connection between law and poetry? This anthology suggests the answer is “yes.” A case or code helps to reveal what the law is. A treatise or law review article helps to reveal what the law should be. Poetry about the law, however, may be the single most effective way to connect with the human experience of the law – what it feels like to be the judge, juror, the attorney, the witness, or even the accused. In this anthology of poems, you will discover new connections between law and poetry. The anthology includes 56 poems – one for each state, the District of Columbia, and five U.S. territories. Many are written by famous poets, while others may be unfamiliar. --publisher's website

"Commercial speech has become one of the most litigated and controversial areas of First Amendment protection. The controversy arises from fundamental misunderstandings of the ways in which commercial speech furthers the values of the First Amendment's guarantee of free expression. To understand the nature of the debate, it is necessary to understand how the Supreme Court has chosen to define the concept of commercial speech. The phrase does not include all expression concerning the relative merits of commercial products or services. Rather, the Court has confined the concept to speech that does no more than propose a commercial transaction. Thus, speech either opposing a commercial purchase or neutrally describing the qualities of a commercial product or service receives full First Amendment protection, while speech that directly promotes a purchase receives a reduced level of protection"-- Provided by publisher

"Now, more than ever, religious beliefs and practice are under assault. But the enduring principles of American liberty can protect "We, the People" from the onslaught"-- Provided by publisher

"The foundational principle of this book is the sacred rights enumerated in the United States Constitution, specifically, in the First and Thirteenth Amendments. With the politicization of the LGBTQ movement, concern for these rights have again come to the forefront of American jurisprudence. The rights enumerated in these amendments have frequently been violated by the various states when, in the name of public accommodation laws, they have attempted to force Christian business owners and religious entities to facilitate events, provide services, express opinions, change attitudes, or to enter into associations that violate their religious consciences. The book explores what it means to have free exercise of religion, free speech, and to be free of involuntary servitude in the context of the contending rights claimed by LGBTQ individuals. LGBTQ rights are neither denied nor disparaged, but the author argues that the constitutional rights of religious dissenters should not be denied or disparaged either. He also argues that when constitutional rights clash with statutory obligations, the former always triumphs. This has always been black letter law, and remains so in all cases except those in which LGBTQ rights clash with those of Christians. The book is not just a legal monograph. It engages political, philosophical, and sociological issues such as freedom v. equality, socialism v. republicanism, the liberal-progressive agenda in higher education, and the many benefits Christianity has bestowed on Western civilization. The underlying theme, however, remains, and that theme is that if we lose the freedom of religious conscience which the founding fathers made the "first freedom", we will lose all freedom"-- Provided by publisher

"At its most basic, "crimmigration" law describes the convergence of two distinct bodies of law: criminal law and procedure with immigration law and procedure. This book lays out crimmigration law's contours. It tracks the legal developments that have created crimmigration law and explains the many ways in which the stark line that once appeared to keep criminal law firmly divided from immigration law has melted away. In doing so, it highlights crimmigration law's most salient features -- its ability to substantially raise the stakes of criminal prosecutions by dramatically expanding the list of crimes that can result in removal from the United States, its willingness to freely rely on crimes that apply only to migrants, and its vast dependence on detention as a means of policing immigration law"-- Provided by publisher

"This book on religious property law covers three narrow issues of religious property disputes: (1) the local church versus a denomination over the ownership of land and real property when the church leaves the denomination, (2) the ownership of religious property within an independent church, and (3) the religious entity versus a local community engaged in a land use and zoning dispute"-- Provided by publisher

"Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter"-- Provided by publisher

"This book discusses and analyzes the features, concepts, and themes shared by state statutes, and it explores some of the variation among jurisdictions in both the statutes and the case law. Includes a breakdown of public records and open meetings requirements, plus a listing of statutes, constitutional provisions, and explanatory guides for each state's public records and open meetings laws." -- publisher's website

"Litigating a Case in Tax Court is designed to cover every aspect of a United States Tax Court case from start to finish. Derived from a chapter in the classic Effectively Representing Your Client Before the IRS, it provides practitioners with detailed guidance and tips on the on the Tax Court process in an easy-to-read and easy-to-use print format. It guides the reader through the entire process, from choosing the U.S. Tax Court as the appropriate forum through to post-trial procedures. The book is accompanied by a routinely updated website that provides many sample pleadings and related documents." - publisher's website

"Understanding the ins and outs of Section 409A and its impact on nonqualified deferred compensation plans of for-profit companies and tax-exempt organizations is crucial to your executive and employee benefits practice to avoid the harsh penalties imposed as a consequence of a compliance failure. This book includes: 300 questions and answers, cross-referenced to facilitate reference; helpful practical hints and pointers; citations in each answer to direct you into further research quickly; useful checklists and forms, including a document drafting checklist, a performance-based compensation summary checklist, and a summary matrix for operational error correction on pension style 409A plans, as well as an expanded Index." -- back cover

"This Manual addresses a practice area of great importance to hundreds of thousands of individuals who have served in the United States armed forces, but are often denied the title of "veteran" and excluded from the benefits and services usually offered to veterans"-- Provided by publisher

"This book explores critical questions pertaining to the character and content of the "American People" as posited in the US Supreme Court's interpretation of the fundamental law. What exactly is an American? Who or what comprise the People? What are the constitutive sociocultural, political, and economic ordering principles of the American People and society? How does the Court impact the nationalist character and content of law and policy? From a sociocultural, economic, political, and ideological perspective, the Court's singular proclamations as to what the US Constitution means, what is its purpose, and how it is to be perceived and implemented have profound consequences for representational politics and notions of what exactly constitutes the American polity. This book employs a critical, conceptual, and structural approach, critically examining the notion of the People in constitutional discourse, and its impact on government, politics, law, and society in the present". -- back cover

"Americans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its authority, imperiling our constitutional system"-- Provided by publisher

As a Justice, Brett Kavanaugh solidified conservative control of the Supreme Court . Calmes tells his story of personal achievement, but also a larger, political tale: of the Republican Party's movement over four decades toward the far right, and its parallel campaign to dominate the government's judicial branch as well as the other two. The result is a harrowing look into the highest echelons of political power in the United States, and a captivating survey of the people who will do anything to have it. -- Adapted from jacket

"Progressive era scholarship has traditionally insisted that William Howard Taft was opposed to progressive reforms, emphasizing his 'judicial temperament' and constitutional conservatism. Scholars have buttressed these theoretical arguments by pointing to Taft's break with Theodore Roosevelt and other notable progressives in the election of 1912. In contrast to this view, Kevin Burns argues that Taft's defense of the Constitution was not an attack on progressivism. Instead, Taft is better seen as a friendly critic of progressivism who worked to tie progressive policy initiatives to constitutional government. To the extent he broke with the radical wing of the Progressive Movement, he did so in order to show that progressive reform could be stronger and longer lasting if it was enacted by constitutional means. Burns makes a key distinction between policy and institutional reform. Taft was a progressive in terms of policy, but a conservative in his understanding of the Constitution. As president, he continued and expanded Theodore Roosevelt's work by breaking up trusts, formalizing land withdrawals for conservation, lowering tariffs, and expanding railroad regulations. Additionally, he worked to modernize the presidency by strengthening the chief executive's power and control over the executive branch and buttressing his power to lead the government as a whole. In contrast to more radical reformers, however, such as Herbert Croly, who insisted that the Constitution must be radically transformed in order to permit quick and effective progressive reforms, Taft hoped to advance reform through an evolution in politics and public policy, not a revolution in constitutional principles. By analyzing his words and deeds as president and chief justice, Burns provides a new lens through which to view Taft. He shows that Taft presented a case for the continued viability of the Constitution, seeking to prove that our nation's fundamental law was (as he said) sufficiently 'elastic' to be open to reform and change without itself changing"-- Provided by the publisher

"Construction cases, unlike other commercial disputes, present unique challenges. They are typically document intensive and turn on complex technical issues that are beyond the knowledge and experience of lay persons. Presenting a construction case to a jury or other trier of fact requires a myriad of skills ranging from story-telling techniques to a profound understanding of the rules of procedure and evidence, to the use of state-of-the-art graphics and exhibits as well as other tools available to optimize the litigants' abilities to persuade the jury. ... The book is generally organized to follow the sequence of a trial. It begins with a chapter on the Art of Persuasion, written by a nationally renowned professor of trial practice who explains the importance of story-telling techniques and how they should be an indispensable part of trial preparation. The book then generally follows the sequence of a trial, with chapters on jury selection, opening statements, direct and cross examination, handling experts and exhibits, jury instructions and closing. There are also chapters that address pre-trial evidentiary motions, enforcement of judgments and preserving the record for appeal." -- publisher's website

"If you take a video of police officers beating a Black man into unconsciousness, are you a witness or a bystander? If you livestream your friends dragging the body of an unconscious woman and talking about their plans to violate her, are you an accomplice? Do bodycams and video doorbells tell the truth? Are the ubiquitous technologies of visibility open to interpretation and manipulation? These are just a few of the questions explored in the rich and broadly interdisciplinary essays within this volume, Law and the Visible, the most recent offering in the Amherst Series for Law, Jurisprudence, and Social Thought. Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age. Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler"-- Provided by publisher

"It is a true business emergency when a business experiences the theft of trade secrets, infringement on their valuable IP assets, a breach of employee agreements, among other threats. This book explains how to effectively respond with an injunction or a temporary restraining order (TRO). The first part of the book explains temporary restraining orders (TROs) and preliminary injunctions in general: what they are; the factors required to obtain one; the order; bonds; enforcement; reconsideration, modification, and appeal; and strategic and tactical considerations. More detailed information about specific situations is the focus of the second part of the book, looking at recurrent fact patterns in which injunctions are frequently sought: preserving assets; protecting against infringement of different types of intellectual property; restrictive covenants; and shareholder disputes. This second edition includes new chapters on declaratory judgments, an alternative option for the practitioner facing a business emergency, and on limited liability companies (LLCs). TROs and Preliminary Injunctions provides dozens of sample forms, charts and documents to use in preparing and executing injunctions and temporary restraining orders, state-by-state charts, and cites numerous examples of actual cases that reflect the strategies outlined in the book." -- publisher's website

"Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery and by covering the existing law fairly while examining all sides of the issues." --back cover

"The California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 have fundamentally changed how businesses approach privacy compliance. The statutes established, for the first time in the United States, a comprehensive data privacy regulatory scheme. However, that scheme is complex and does not fully comport with privacy-related regulatory schemes outside of the United States or privacy-related schemes that have been subsequently enacted in other states. This reference guide collects over 500 of the most common questions concerning the CCPA and the CPRA and provides straightforward and easy to understand answers in one place. The questions are organized in a logical progression to cover the history of the statutes, general privacy-related concepts, compliance-program related issues, and the impact of the statutes on specific industries." -- publisher's website

"This book describes the beginnings of CEELI, the obstacles it overcame, the challenges it faced, and the ABA leaders who built it. It will then look at the practical, real life, on-the-ground influence that CEELI and its successor organization, the ABA Rule of Law Initiative (ROLI), have had on various jurisdictions around the world and on the evolving legal and political systems in them. It will also evaluate the impact that this Rule of Law movement has had on a wide range of individual lawyers and judges"-- Provided by publisher

Contents: Introduction to the Japanese Financial Instruments and Exchange Act / Hiroyuki Kansaku
Scope of application and financial administration / Hiroyuki Kansaku (Part A), Naohiko Matsuo (Parts B& C)
Disclosure requirements: disclosure of corporate affairs and other related matters / Masao Yanaga
The takeover bid system and the system of disclosure of the status of large-volume holdings / Masakazu Shirai
Business regulations on financial instruments business operators, etc. / Naohiko Matsuo
Conduct regulations on financial instruments business operators, etc. / Naohiko Matsuo
Regulation of exchanges and clearing and settlement organizations / Sadakazu Osaki
Market abuse regulation / Sadakazu Osaki (Part A), Yoko Manzawa (Parts B, C & D)
Enforcement under the FIEA / Yoko ManzawaProxy solicitation / Masao Yanaga