Recent Acquisitions at the Marquette Law Library

"Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. On the Theology of Law and its Relation to Political Theory; IV. Basic Norms and the Principle of Human Dignity; and V. Böckenförde in Context (Excerpts from a biographical interview). Beside a general introduction, sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work." --book jacket

"Gun control, voting rights, family planning, and environmental protection--these are all hot-button issues today, but they were also the same difficult and intractable issues that Senator Joseph D. Tydings of Maryland faced during his tenure in the Senate in the 1960s. In this timely memoir, Tydings looks back on a life of public service, from the Maryland General Assembly to chief federal prosecutor in Maryland and ultimately to the United States Senate. As an early "Kennedy Man," Tydings's political stock soared, but it just as quickly crashed because of his willingness to go "against the grain" on perhaps one progressive issue too many. As the adopted son of a US senator, grandson of an adviser to three US presidents, and step-grandson of perhaps the wealthiest woman of her age, Tydings nevertheless made his own way, rising from horse platoon corporal in war-ravaged Germany to legislative reformer. He prosecuted fellow Democrats for fraud, stood up to presidents over Supreme Court nominees and the war in Vietnam, and faced down segregationists over voting rights. His family planning initiatives are still in effect. He battled the National Rifle Association over gun control--and suffered the consequences. After a decade of political assassinations, from the Kennedy brothers to Martin Luther King Jr., and a turn to the right with the election of Richard Nixon, America's political climate soured for progressive politics, and Tydings narrowly lost reelection. My Life in Progressive Politics provides an important, insider account of a landmark era in American politics. Joseph D. Tydings served as United States senator from Maryland from 1965 to 1971. He earlier served in the Maryland House of Delegates from 1955 to 1961 and as United States Attorney from 1961 to 1963"--Publisher's website

Freedom Time reconsiders decolonization from the perspectives of Aimé Césaire (Martinique) and Léopold Sédar Senghor (Senegal) who, beginning in 1945, promoted self-determination without state sovereignty. As politicians, public intellectuals, and poets they struggled to transform imperial France into a democratic federation, with former colonies as autonomous members of a transcontinental polity. In so doing, they revitalized past but unrealized political projects and anticipated impossible futures by acting as if they had already arrived. Refusing to reduce colonial emancipation to national independence, they regarded decolonization as an opportunity to remake the world, reconcile peoples, and realize humanity's potential. Emphasizing the link between politics and aesthetics, Gary Wilder reads Césaire and Senghor as pragmatic utopians, situated humanists, and concrete cosmopolitans whose postwar insights can illuminate current debates about self-management, postnational politics, and planetary solidarity. Freedom Time invites scholars to decolonize intellectual history and globalize critical theory, to analyze the temporal dimensions of political life, and to question the territorialist assumptions of contemporary historiography. -- from back cover

"AI threatens to disrupt the professions as it has manufacturing. Frank Pasquale argues that law and policy can avert this outcome and promote better ones: instead of replacing humans, technology can make our labor more valuable. Through regulation, we can ensure that AI promotes inclusive prosperity"-- Provided by publisher

"This book examines the legal nature of "an" Islamic state and the human rights it commits to uphold. It offers the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions. This also supports an assessment of the place of Sharia in the national legal order. The book unites three strands of analysis: the compatibility of Sharia with the rights enunciated in UN treaties; the patterns of adherence of Islamic states to human rights treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring all formal human rights commitments of all Islamic states within a single analytical framework, it will appeal to international human rights and constitutional scholars with an interest in Islamic law and states"-- Provided by publisher

Second Edition
"Through their translations, with commentaries, of prefaces to medieval canonical collections, the authors trace the development of medieval ecclesiastical law. The first edition of this book was published by Yale University Press in 1998. This second edition includes additional translations, expanding the scope of the study by nearly a century, to 1317; and also a bibliographical essay discussing new scholarship in the field since the first edition"-- Provided by publisher

Second Edition
"A second edition book to help law students prepare for a bar exam with a MPT"-- Provided by publisher
Contents: How to get the most out of this book : use it during law school -- What performance tests are and how to pass them -- Criminal law -- Criminal procedure -- Torts -- Contracts -- Civil procedure -- Evidence -- Constitutional law -- Professional responsibility -- Real property -- Family law -- Conclusion and strategic review

Contents: Our client : fitness feet -- Understanding how a contract fits together -- Clearing conflicts: a useful proxy for difficult conversations -- Efficient preparation: getting all the facts and understanding objectives -- Finding and using precedent and outlining your agreement -- Putting pen to paper: user-friendly drafting -- Marking up someone else's draft and reviewing redlines -- Negotiate the deal -- Final tips and tricks for success

Fourth edition
"The book is a collection of tips from real women rainmakers"-- Provided by publisher
Contents: Your marketing plan : niche marketing -- Your professional image -- Advertising on the ground and in the ether : your website, e-mail marketing, directories, and more -- Social media for today and tomorrow -- Public relations : press releases, brochures, newsletters, and more -- In-person networking : memberships, meetings and conferences, and more -- Writing and speaking : blogs, getting published, speaking gigs, webinars, and podcasts -- Communications : e-mail, telephone, snail mail, and more -- Gifts and entertainment : dos and don'ts, promotional items, and the role of charitable giving -- Your law practice as marketing tool : meeting client expectations, cross-marketing, and marketing for in-house counsel -- Asking for business : preparation, asking for referrals, and more

"Building a law practice one article at a time explains eight rules for developing journal articles with large readership"-- Provided by publisher
Contents: Section I: Expertise-driven marketing -- The core principle of expertise-driven marketing -- Myths of expertise-driven marketing -- Five similarities between expertise-driven marketing and relationship-driven marketing -- Expertise-driven marketing can facilitate relationships -- Section II: Rules of writing -- Rule 1: Efficient writing -- Rule 2: Short -- Rule 3: Business practical -- Rule 4: Shelf stable -- Rule 5: Recycling and the rule of threes -- Rule 6: Metrics -- Rule 7: Repetition and stockpiling -- Rule 8: Do it yourself -- Section III: Additional considerations -- Deviating from the rules -- Goal setting -- Developing expertise -- Choosing your area of expertise -- Campaigns -- Identifying good publication sources -- Social media

Fifth edition
"This book is a guide to environmental laws and liability issues that arise in real estate and commercial transactions"-- Provided by publisher

"In 'Copy This Book!' Paul J. Heald draws on a vast knowledge of copyright scholarship and deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Heald gathers extensive empirical data and clearly distills the implications of copyright laws and doctrine for public welfare. Along the way, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: Why are more books in print from the 1880s than the 1980s? How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How does copyright deter the production of audio books? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging the wisdom of past and future copyright law"-- Provided by publisher

Contents: General overview of healthcare cybersecurity threats / Peter Wayner -- Ransomware in the healthcare industry / Paul R. DeMuro and Henry Norwood -- How to prepare for and respond to cybersecurity attacks / Laura Ferguson and Anthony Hess -- The cost of inadequate security measures : how private parties and federal and state regulators seek redress after a health-data breach / Jennifer Archie -- Risk Rx : managing privacy and cybersecurity risks / Molly McGinnis Stine and Matt Murphy

"Missouri's application for statehood was immediately and universally recognized as a moment of crisis for the Union. The significance of the moment for the nation was signaled through references to it as the most pivotal debate since the adoption of the Constitution itself. The sectional dimension of the conflict meant that the "Missouri question must necessarily excite warm feelings" reasoned the editor of The American, but the nature of the conflict meant more than that was at stake"-- Provided by publisher

"Habitually interpreted as the fundamental law of the American republic, the US Constitution was in fact designed as an instrument of union between thirteen American republics and as a form of government for their common central government. It offered an organizational solution to the security concerns of the newly independent American states. Confederation was an established means for weak states to maintain their independence by joining in union to manage relations with the outside world from a position of strength. Confederation also transformed the immediate international environment by turning neighboring states from potential enemies into sister states in a common union or peace pact. The US Constitution profoundly altered the structure of the American union and made the federal government more effective than under the defunct Articles of Confederation. But it did not transform the fundamental purpose of the federal union, which remained the management of relations between the American states, on the one hand, and between the American states and foreign powers, on the other hand. As had been the case under the articles, the states regulated the social, economic, and civic life of their citizens and inhabitants with only limited supervision and control from the federal government. Interpreting the Constitution as an instrument of union has important implications for our understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by that of state constitutions and legislation"-- Provided by publisher

Contents: Foreword / Erwin Chemerinsky -- Introduction / Joseph Russomanno -- Free speech on campus : a challenge of our times / Geoffrey R. Stone -- The Holmesian experiment and the democratization of truth in the academy / Ronald K.L. Collins -- Teaching and preaching free speech / Rodney A. Smolla -- Conservatism and free speech in higher education / Joe Dryden -- Doing the work : defending campus speech rights in the culture war / Will Creeley -- A confluence on campus / Joseph Russomanno -- Beyond free speech rhetoric : framing campus free speech conflicts / Christina E. Wells -- The awful ruling of Garcetti v. Ceballos and its application at the university level / David L. Hudson, Jr. -- Free speech values in the classroom / Erica Goldberg -- Managing the peculiar marketplace in the face of extremism / Brett G. Johnson and Jeremiah P. Fuzy

"This book addresses one of the most urgent issues in contemporary American law--namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called "corporate moral persons." Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or "persons" in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel--and controversial--form of religious freedom." --back cover

"Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics." --book jacket

"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"-- Provided by the publisher

"Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power. One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively." --book jacket

The brutal confirmation battles we saw over Supreme Court Justices Neil Gorsuch and Brett Kavanaugh are symptoms of a larger problem with our third branch of government, a problem that began long before Kavanaugh, Merrick Garland, Clarence Thomas, or even Robert Bork: the courts' own self-corruption, aiding and abetting the expansion of federal power. Ilya Shapiro, director of the Cato Institute's Center for Constitutional Studies, takes readers inside the unknown history of fiercly partisan judicial nominations and explores reform proposals that couldreturn the Supreme Court to its proper constitutional role. Confirmation battles over justices will only become more toxic and unhinged as long as the Court continues to ratify the excesses of the other two branches of government and the parties that control them. Only when the Court begins to rebalance constitutional order, curb administrative overreach, and return power back to the states will the bitter partisan war to control the judiciary finally end

"Using detailed case studies of the relevant U.S. states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on the substance of future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States"-- Provided by publisher

Sixth edition
Contents: Use of power -- Judicial demeanor and competence -- Disqualification -- Ex parte communications -- Case management and administrative imperatives -- Financial activities -- Civic and charitable activities -- Personal conduct, speech, and association -- Election and political activities -- Regulatory organization and procedure -- Civil and criminal liability -- Alternative methods of judicial removal -- Disability and retirement -- Appendix A: Tables of Model Code provisions -- Appendix B: Indiana Code of Judicial Conduct (illustrative of the 2007 Model Code) -- Appendix C: Guidelines for cases involving judicial disability

Contents: Persuasion -- The guiding advocate : being the professional -- The core message : simplicity -- Memories : map & markers -- The case file : to kill a mockingbird -- Naturally you : authenticity

"This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial." --book jacket