Recent Acquisitions at the Marquette Law Library

Contents: Developing a national strategy for work -- Working in the U.S.A -- How labor markets reward work -- How government affects the distribution of earnings and income -- Making government work -- Making taxes work -- Making welfare work -- Making social security work -- Making pensions work -- Making health care work -- Making labor markets work -- Working together

The labor movement is weak and divided. Some think that it is dying. But the author a labor scholar, demonstrates through examination of recent developments that a resurgent labor movement is possible. He proposes new models for organizing and innovating techniques to strengthen the strike weapon. Above all, he insists that unions must return to their historical roots as a social movement

"This book examines ethics at the intersection of law and justice. If law and justice are concerned with collectively establishing the general terms on which the plurality called "we" share the earth as social beings, then ethics concerns the individual Self's particular moral relationship with the Other. Law, the acknowledged offspring of politics, represents the kind of might that most people accept as legitimate, at least most of the time. Justice, on the other hand, is supposed to vigilantly stand guard over law: to protect us against its biases and excesses, or, at the very least, to rise up and reproach the law whenever it permits or encourages injustice. But what if the belief that a particular legally-authorized state of affairs is "just" - a common enough feeling, especially amongst the privileged - or even "unjust" and in need of correction, were itself in need of a vigilant guardian? This book argues that ethics can and should stand guard over whatever image of justice and/or just law one happens to believe in. The book thus attempts to steer a perilous course between two looming moral hazards: ethics interpreted as the rational production of ethically correct behavior (as in Kant) and ethics interpreted as the spontaneous eruption of pre-rational compassion for the suffering of the Other, come what may (as in Levinas). In the end, the book characterizes ethical life in the law as the more-or-less constant experience of the paradoxical nature of this choice - a feeling of inescapable personal responsibility for the fate of the Other. Based on the author's well-established expertise in the area, this book will appeal to students, scholars and others with interests in legal theory and moral and political philosophy"-- Provided by publisher

Contents: Part I. Regulating For Success -- Positive regulation -- Positive regulation and success -- Strategies for success -- Impacts on the ground: enforcement -- Positive regulation in a changing world -- Part II. Special challenges -- Can regulators ensure environmental sustainability? -- Controlling traditional network monopolies -- regulating digital platforms -- How to prevent regulatory disasters -- Can national regulators solve problems? -- Regulating for future needs

"Lawyers learning to think like scientists by providing guidance for the practitioner handling any type of outbreak litigation with disputes regarding COVID-19"-- Provided by publisher

"[This book] provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account"-- Provided by the publisher

Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive

Contents: Developing core leadership competencies starts with you (intrapersonal level) -- Team-building strategies (interpersonal) -- Building an inclusive workplace (organizational) -- Leadership for social justice (societal)

"With guidelines on topics from ethics to office management, changes in payment technologies, managing client expectations, and gaining competence in new practice areas, this book will prepare you for lawyering in today's world and in tomorrow's"-- Provided by publisher

"When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg's name speaks volumes for itself-but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg's closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues. Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women's voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the "second wave" of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death"-- Provided by publisher

Contents: The early history -- Induction in law and science -- Pragmatism and the problem of order -- Hume, logical induction, and legal reasoning -- Positivism and the myth of legal indeterminacy -- Legal indeterminacy and the hard case -- The abuse of principle : Robert Alexy's jurisprudence -- American pragmatism and European social theory

Contents Introduction : common law versus civil law -- American law is largely judge-made law -- American litigation relies on juries -- American law is state law -- How to read an opinion of an American court -- Langdell and the Socratic method at American law schools -- How to prepare for classes and exams at American law schools -- The theory of Glaeser and Shleifer -- Universalism versus particularism -- Bottom-up versus top-down legal systems -- Procedural formalism -- German law -- Religion, ethics, and law -- Legal realism versus scholastic thinking -- Parental legal systems -- Project-based corporate culture -- Levmore's uniformity thesis -- Old law is cheap law -- What jurisprudence books do American and European law professors prefer to read? -- Constitutional law -- Criminal law and criminal procedure -- Civil procedure -- Evidence -- Administrative law is much thinner in the U.S. -- Contract law -- Property law and inheritance law -- Intellectual property law -- Tort law and environmental regulation -- Corporate law -- Bankruptcy law -- Labor and employment law -- Antitrust law -- Is American law the best law?

Contents: Introduction -- Overview of distributed ledger technology and terminology -- The regulation of virtual currency businesses -- Fundraising and securities -- Offers and sales of tokens under US securities laws -- Smart contracts -- The taxation of digital assets -- Virtual currency and criminal law

"This book is a deep dive into the world of divorce and the federal employee (current, former, or retiree) or spouse"-- Provided by publisher

"The seventh edition confronts continued and, indeed, increased instability. The new instability follows a relatively short lull after a period of unprecedented instability, including, since 2001, increases in exemptions, reductions in rates, the repeal and restoration of the estate tax and the generation-skipping tax, the installation of a system of portability of the unused portion of the estate tax exemption of a predeceasing spouse, the advocacy by leading politicians of repeal of the taxes and, by others, of drastic increases in the taxes and the enactment of wealth taxes, and, probably most importantly, of a worldwide plague against which individuals, groups and even nations were unable to protect themselves"-- Provided by publisher

This book examines the complexity of trading and the creation of liquidity. Titled after the Baruch College Financial Markets Conference, Equity Market Round-Up: Proposals for Strengthening the Markets, this book explores how regulation has a clear impact on market structure and, therefore, how market structure impacts efficient trading and capital formation. The following questions are analyzed: What are the liquidity strategies for pricing and interacting? Is liquidity any more available today for an illiquid stock than it was on the floor of the exchange 20 years ago? How do we cope with the dynamics of a continuous market? How can market structure be improved? What are the effects of high frequency trading? The Zicklin School of Business Financial Markets Series presents the insights emerging from a sequence of conferences hosted by the Zicklin School at Baruch College for industry professionals, regulators, and scholars. The transcripts from the conferences are edited for clarity, perspective and context; material and comments from subsequent interviews with the panelists and speakers are included for a complete thematic presentation. Each book is focused on a well delineated topic, but all deliver broad insights into the quality and efficiency of the U.S. equity markets and the dynamic forces that are changing them. --back cover

Contents: Annual meetings of shareholders -- Special meetings of shareholders -- Notice of meeting -- Advance notice bylaws -- Forms of share ownership -- Voting by proxy -- Soliciting the vote -- Quorum -- Director elections -- Conducting the meeting -- Counting the votes -- Postponement, cancellation, recess, adjournment, and conclusion of the meeting -- Virtual and hybrid meetings -- Canadian supplement -- Appendices

Contents: Introduction -- The economic rationale for antimonopoly law and policy -- Monopoly power -- Overview of the monopolizing conduct requirement -- Specific forms of monopolizing conduct -- Attempt to monopolize and conspiracy to monopolize -- Enforcement and remedies

Contents: State regulation of the design professional / Patricia A. Harris, Jaimee L. Nardiello
Ethics and rules of conduct governing design professionals / Mohammad Iqbal
Design professional contract responsibilities : pre-design, design, and pre-construction phases / Theodore D. Levin, Mehrdad Farivar
Design professional legal responsibilities : construction and completion phases / Paul T. Muniz
Design professionals and the design-build project / Bernard (B.J.) Nodzon, Anna Covert, Kevin Major
The design professional and tort liability / Terence J. Scanlan, Lindsey M. Pflugrath, Troy Hatfield, Nicole R. Springstroh
Design professional work product ownership and protection / J. Benjamin Patrick
Design professional risks : indemnification and professional liability insurance / Karen Erger
Considerations for subconsultant and subcontract agreements for design professionals and construction managers / L. Tyrone Holt, Carrie Lynn H. Okizaki
Damages and remedies / Stephen R. Miller, Stephen A. Hess
Special topics in litigation of disputes involving design professionals or construction managers / Ernest Isola, Jessica Clouse

"This book addresses practical application of intellectual property principles to drafting and negotiating intellectual property transactions, intended to be used by practicing lawyers for use in their practices in addition to being used as a textbook for a law school course"-- Provided by publisher

"This book examines copyrights and patent rights within the context of America's Constitution and its political economy, and it and tracks key historical developments of those intellectual property (IP) rights. More particularly, the book's primary focus is on copyrights during the 20th and early 21st centuries. The book connects constitutional principles and historical insights to specific recommendations for modernizing U.S. copyright law to meet the marketplace and technological challenges of the digital age"-- Provided by the publisher

"Who Invented Oscar Wilde? will provide a perspective for understanding the development and purpose of creators' rights in the United States"-- Provided by publisher

"Closing Death's Door explores innovative legal strategies to address the challenge of medical error. In the United States today, several hundred thousand patients die in hospitals each year because of errors in medical treatment-the nation's third leading cause of death. The legal mechanism designed to deal with this epidemic of injury and death is the medical malpractice system. It has failed to stem the tide of iatrogenic harm. Among the reasons are the costliness of the malpractice system, its availability to only a minuscule percentage of those harmed, and decades of "tort reform" efforts that have effectively extinguished the system for all but the most egregious claims. In 1999, in To Err Is Human, the Institute of Medicine (now the National Academy of Medicine) sounded an alarm about the toll taken by medical error. Its proposed solution-a set of reporting systems to document problems and generate data on which solutions might be based-has been a failure. The time has come for a fresh look at what the law might do to contribute to patient safety. To begin a conversation about legal innovations designed to spur healthcare system improvements directed at reducing harmful medical errors, this book explores a number of possible steps, including: Well-designed economic incentives to stimulate greater investment in safety. Promotion of systems approaches to safer delivery of care. Government regulation and surveillance in especially risky treatment contexts. Encouragement of a range of technological improvements, especially involving information technology"-- Provided by publisher

"This food and drug law...book is organized...in order to comprehend a complex area of federal regulatory law. There is a separate volume for each subject based on regulation under the United States Federal Food, Drug and Cosmetic Act (FDCA) and related laws all contained in this bound book. [This book] is organized into subject specific titled volumes with a concise introduction to provide a particular focus for the reader."-- Provided by publisher

Contents Introduction -- The distinction between content-based and content-neutral restrictions -- Overbreadth and vagueness -- Political speech -- Prior restraints -- Compelled speech -- Incitement of illegal activity -- Dangerous and offensive speech : fighting words, hate and disparaging speech, and true threats -- Sexually oriented speech : obscenity, indecency, and profanity -- Commercial speech -- Defamation and related torts -- False speech -- Government property and speech : public forums and other types of forums -- Speech in government controlled contexts : the military, prisons, schools, and government employees -- Conduct that communicates -- Issues related to the media -- Freedom of association -- The multiple strands of speech doctrine -- Introduction to the religion clauses : understanding the tension between the two clauses and defining religion -- The establishment clause -- The free exercise clause -- Communication, association, and religion intersect

"Examines how state courts change public policy through an analysis of their influence on state education finance reform"-- Provided by publisher

"The Supreme Court's rejection of Black citizenship in the Dred Scott decision was among the first and most notorious examples of citizenship stripping. Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered 'un-American' whether due to their race, ethnicity, marriage partner, or beliefs. Frost exposes a hidden history of discrimination and xenophobia that continues to this day. Amanda Frost explores how the United States' concept of citizenship and the rights of citizens has evolved, and especially how it has been challenged"--Adapted from book jacket

"World Politics, Human Rights, and International Law examines the relationship between these concepts based upon the author's professional experiences dealing with real world problems. It demonstrates the power of international law and human rights to make a positive difference for international peace and justice"-- Provided by publisher

"This chapter looks at the history and meaning of the two most familiar provisions of the First Amendment, and indeed of the entire Constitution: Freedom of Speech and Freedom of the Press. The importance of free speech and a free press to a functioning democracy is not seriously controverted, which is why in the modern era-meaning, essentially, since the late 1960s-there has been a broad consensus across the political spectrum that robust enforcement of these rights is essential"-- Provided by publisher

Saving Free Speech . . . from Itself sets the tone for the fractious discussion of how the First Amendment should be interpreted in today's society and how the free speech aspect of it should not be weaponized by individuals and groups whose agenda includes causing harm to innocent people. It includes a Foreword by Bret Stephens, the well-known columnist of the New York Times

"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"-- Provided by publisher

"On February 13, 2016, Justice Antonin Scalia, the conservative intellectual anchor on the US Supreme Court, died unexpectedly while on a hunting trip in Texas. Attention immediately turned to President Barack Obama and how he would respond to a vacancy on the nation's highest court. Although Scalia was not a pivotal member of the Court by any means, his absence left behind a 4-4 balance in terms of justices appointed by Democratic presidents and those appointed by Republican ones. Obama's appointment of a liberal-leaning successor would immediately shift the balance of power on the Court toward a 5-4 liberal majority, possibly for decades"-- Provided by publisher

"Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Ohio and Tennessee: although new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power"-- Provided by publisher

Contents: Screening and qualifying prospective tenants / Tristan R. Pettit
Rental documents / Tristan R. Pettit -- Earnest money and security deposits / Carol A. Chapman
Repairs and maintenance of rental premises / Mitch
General rental issues / Mitch
Renewal and termination of rental agreements / Jennifer M. Hayden
Eviction / Steven C. Harvey, Brian A. Schuk
Legal proceedings and recovery of damages / Brian A. Schuk, Steven C. Harvey, David R. Sparer
Collections / Robert A. Pasch, Kristin K. Beilke
Manufactured home community rentals / David R. Sparer
Forms appendix
Index

"This is a story of the 25 defendants tried for war crimes as told by Elaine B. Fischel who was a secretary to the American lawyers charged with the defense of these leaders in a trial lasting two and a half years during the Occupation of Japan. Those lawyers fought valiantly alongside of their Japanese co-=counsel so that history would not say the American victors denied their enemy a fair trial." -- book jacket

Contents: Introduction -- Treaties, declarations and documents -- Structure and organisation of the trial -- Conspiracy -- Jurisdiction -- Traditional Japan -- Meiji Japan -- Influences behind Meiji Japan -- The Meiji Constitution in action -- The Emperor declares war -- The Emperor question -- The Supreme Command in action -- The Supreme Commander in action -- Coercive power in action : part I -- Sentence - no mitigation evidence : coercive power in action : part II -- Coercive power in action : part III -- Coercive power in action : the FEC? part IV -- Raw power and legitimate power in Japan -- Conclusions

"This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practice. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts"-- Provided by publisher