Recent Acquisitions at the Marquette Law Library

"Donald Trump's unexpected victory in the 2016 U.S. presidential election brought sweeping criticism of election polls and poll-based statistical forecasts, which had signaled that Hillary Clinton would win the White House. Surprise ran deep in 2016, but it was not unprecedented. Lost in a Gallup examines in lively and engaging fashion the history of polling flops, epic upsets, unforeseen landslides, and exit poll fiascoes in American presidential elections. Drawing on archival sources, W. Joseph Campbell presents insights on notable pollsters of the past, including George Gallup, Elmo Roper, Archibald Crossley, Warren Mitofsky, and Louis Harris. The story is one of media failure, too, as journalists invariably take their lead from polls in crafting campaign narratives. Lost in a Gallup describes how numerous prominent journalists-including Edward R. Murrow, Jimmy Breslin, Mike Royko, Christopher Hitchens, and Haynes Johnson-were outspoken poll-bashers and critics. In assessing polling's messy, uneven, and controversial past, Campbell emphasizes that although election polls are not always wrong, their inherent drawbacks invite skepticism and wariness. Readers will come away better prepared to weigh the efficacy and value of pre-election polls in presidential races, the most important and highly anticipated of all American elections"-- Provided by publisher

Contents: Foreword / The Hon. Julie Dodds-Streeton QC -- Introduction / Amanda Whiting and Ann O'Connell -- Meeting More's challenge: How the Magna Carta helped build a robust Lex Anglicana / Matthew Psycharis -- Due process or judicial murder? Anne Boleyn's trial placed in context / Lisette Stevens -- A nineteenth-century view of the Magna Carta / Phoebe Williams -- Alger Hiss as Cipher: The political and historical legacy of the Hiss case / Samuel O'Connor -- Guilty of sedition, but innocent of treason: the aftermath of the Eureka Stockade / Xavier Nicolo -- A symbol, a safeguard, an instrument: reflections on the 1908 'Rush the Commons' trial and the campaign for women's suffrage in early twentieth-century England / Alexandra Harrison-Ichlov -- The people of the State of New York v Isaac Harris and Max Blanck: putting capitalism on trial / Jack Townsend -- A voice in the wilderness: revisiting the political trial of Brian Cooper / Simon Pickering -- Campaigning for a verdict: politics, partisanship and the President on trial / Katharine Kilroy

"The United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships in North America, including more than $1.3 trillion in annual regional trade in goods and services, for the foreseeable future. The USMCA preserves the bulk of the NAFTA structures that permit North American manufacturers to compete effectively with their European and Asian counterparts in North American and foreign markets. Once in effect, the USMCA should largely resolve the chilling effect on investment and new hiring generated by three years of uncertainty over NAFTA's future. This book provides a detailed analysis and critique of the provisions of the USMCA and the USMCA's relation to NAFTA. It is designed to assist lawyers and non-lawyers alike, including law, economics and public policy scholars, business professionals and governmental officials who require an understanding of one of the world's most economically and politically significant regional trade agreements"--Back cover

Spoiler alert: Law school can be overwhelming and stressful. The good news? You're not alone. The ABCs of Law School: Diary of a First Year Student shares all of the inside tips and tricks you need to survive and thrive, direct from someone who has been there, done that, and succeeded. The ABCs of Law School: Diary of a First Year Student offers access into the inner workings of law school, as told by an actual student. This easy to read guidebook provides a concise overview of the major core topics covered, as well as strategies on how to prepare for class, study for exams, and manage stress. Perfect for anyone considering, starting, or in law school!

"The purpose of this book is to help you manage and run a successful law practice"-- Provided by publisher

Contents: Getting to yes : traditional theory -- The basics -- Gender and negotiations -- Settlement research -- Timing -- Controlling emotions -- Preparing the client for settlement -- Settlement in domestic violence cases -- Disclosure -- Positional negotiation -- Negotiating with opposing counsel -- Negotiating with the pro se party -- The four-way meeting -- The role of the judge -- Planned early negotiation -- Family law-specific settlement issues -- Mediation -- Improving the mediation process -- Collaborative divorce -- Cooperative divorce -- Creative settlement techniques -- Divorce settlements and game theory -- Game theory - advanced -- Ethical considerations -- Ten commandments -- The endgame -- Becoming a better negotiator

"This book is about how the technological advances in automation and artificial intelligence (AI) that have fundamentally changed the nature of the U.S. markets for futures contracts and other derivatives are necessitating, in some areas, changes to the legal and regulatory framework for these markets. To arrive at policy solutions to address the ways that AI systems are altering the markets, this book examines how algorithmic robots-algo bots, for short-have largely taken over trading in the futures markets, analyzes how regulators have responded to these changes thus far, and explores what steps policy makers should take in the future. "-- Preface

"The business of providing medical care is in the midst of dramatic change. To keep pace with evolving economics and reimbursement practices, the small, or even individual, physician practice which stood as the standard arrangement for so long is giving way to larger, more corporate models. Increasingly, healthcare practices, management companies and facilities seek to achieve the economies of scale and professionalization of procedures necessary as medicine becomes more expensive, complex and scrutinized. This book attempts to set forth in a concise way the nature of these two restrictions, the historical context in which they arose, and what they mean for the ownership and day-to-day operation of healthcare practices, management companies and facilities"-- Provided by publisher

"The American Bar Association's Mass Tort Litigation Committee is proud to present this extensive work on so many of the critical aspects of litigation in this area. This book is intended to be insightful and practical, and will serve as an excellent resource on strategies for prosecuting and defending mass tort litigation. From class certifications and use of MDLs to discovery and experts; from emerging damage theories and related defenses to the conduct of trials, appeals and the formulation of exit strategies and settlements, this work will be highly instructive. We are grateful for the tireless efforts of all those distinguished lawyers who contributed to this superb book. Arvin Maskin Weil, Gotshal & Manges, LLP Former Co-Chair, ABA Committee on Mass Tort Litigation"-- Provided by publisher

"Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research, and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in U.S. courts"-- Provided by publisher

"Disciplines can no longer be isolated. Technology has rapidly evolved to the point that driverless vehicles have truly become a reality and are not something out of a futuristic exhibition from the 1950s. However, engineers and researchers working on the development of autonomous vehicles cannot ignore the policy implications and policymakers as well as attorneys cannot ignore the technology. We are at a point where cross-disciplinary collaboration is vital in order to produce a technology that will immensely benefit society. This is the goal of this book: to educate autonomous vehicle developers on legal theory at the most basic level. Both policymakers and lawyers may also find the book helpful in gaining a basic understanding of the technology the developers are working on."-- Provided by publisher

"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"-- Provided by publisher

Contents: From the founding to the present : an overview of legal thought and the Eighth Amendment's evolution -- Back to the future : Originalism and the Eighth Amendment -- Eighth Amendment federalism -- Eighth Amendment values -- The power, problems, and potential of "evolving standards of decency" -- Judicial hesitancy and majoritarianism -- Punishment purposes and Eighth Amendment disproportionality -- The administrative law of the Eighth Amendment -- Evading the Eighth Amendment : prison conditions and the courts -- Excessive deference : The Eighth Amendment bail clause -- Nor excessive fines imposed -- Judicial abolition of the American death penalty under the Eighth Amendment : the most likely path -- Back to the future with execution methods -- Evolving standards of lethal injection -- The future of juvenile life-without-parole sentences -- Metrics of mayhem : quantifying capriciousness in capital cases -- Race discrimination in punishment -- Science and the Eighth Amendment

"In November 2016, at the same moment Donald Trump was elected President of the United States on a virulently anti-immigrant platform, the city of San Francisco adopted a ballot measure granting all residents with children attending local public schools the right to vote in school board elections, regardless of their immigration status. The ballot measure got little media attention and will probably have little effect on school board elections in San Francisco. Nevertheless, it helps clarify why local policies regarding the status of immigrants, exemplified above all by the decision of many cities (including San Francisco) to declare themselves "sanctuary cities" and limit law enforcement cooperation with federal immigration authorities, have become perhaps the most contentious set of issues on the national political stage. In short, these policies raise the fraught question of who is a citizen"-- Provided by publisher

John Stuart Mill is the father of modern liberalism. His most remembered work, On Liberty, which was published in 1859, changed the course of the liberal tradition. What is less well-known is that his ideas have profoundly influenced the American constitutional rights tradition of the latter half of the twentieth century. Mill's "harm principle" inspired the constitutional right to privacy recognized in Griswold v Connecticut, Roe v Wade and other cases. His defense of freedom of expression influenced Justices Holmes, Brandeis, Douglas, Brennan and others, and led to greatly expanded freedom of speech in the twentieth century. Finally, Mill was an ardent feminist whose last important work, The Subjection of Women, was a full-scale and, for its time, radical defense of complete gender equality. This is a book for lawyers who want to understand the intellectual origins of modern constitutional rights, and for political philosophers interested in the constitutional implications of Mill's conception of freedom.

"Free speech is an essential component to the operation of a representative government committed to equal rights and the general welfare of the people. The constitutional right to engage in open expression is designed to secure personal dignity, civic engagement, and flow of information. No generation of interpreters can claim to capture its full relevance to social cohesion. The broad statement found in the Constitution has long been the subject of evolving, sometimes inconsistent, constitutional meaning. Since the early twentieth century, the Supreme Court has been at the forefront of efforts to articulate the range of words, symbols, arts, and other objects or activities that the First Amendment protects. Interpretation takes into account a variety of constitutional contexts, principles, and discursive considerations. As Justice Sotomayor pointed in her dissent to Manhattan Community Access Corporation v. Halleck, the context within which a statement is said should be considered along with the actual words allegedly in violation of a law"-- Provided by publisher

"The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."-- Provided by the publisher

Contents: Foreword / Bill Richardson -- College residency, race, and reaction : before 1996 -- 2001-2010 State DREAM Acts and litigation -- The DREAM Act in congress and federal developments -- The aftermath of the DREAM Act defeats, state developments -- The DREAM Act and prosecutorial discretion : the birth of DACA -- Undocumented lawyers, DACA, and occupational licensing -- The 2016 election of Donald Trump, the rescission of DACA, and its aftermath -- Conclusion : awakening from the DREAM

"The Battle to Stay in America is the story of a community learning to defend itself from the U.S. federal government's crackdown on immigrants. Told through the eyes of a lawyer on the front line, the book offers an introduction to a broken legal system"-- Provided by publisher

"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"-- Provided by publisher

"While the Christian Right has long voiced grave concerns about the Supreme Court and cases such as Roe v Wade, until recently its cultivation of the resources needed to effectively enter the courtroom had paled in comparison to its efforts in more traditional political arenas. A small constellation of high-profile leaders within the Christian Right began to address this imbalance in earnest in the pivot from the 20th to the 21st century, investing in an array of institutions aimed at radically transforming American law and legal culture. Separate but Faithful is the first in-depth examination of these efforts - their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, the book examines the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, the book analyses their institutional missions and cultural makeup and evaluates their transformative impacts on law and legal culture to date. Separate But Faithful finds that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a resilient Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture by training and credentialing, in the words of Jerry Falwell, "a generation of Christian attorneys who could...infiltrate the legal profession with a strong commitment to the Judeo-Christian ethic.""-- Provided by publisher

"Americans take great pride in their respect for the rule of law and our Constitution. And yet too frequently specific legal rights and procedures protected by the Constitution have been suspended on the grounds of emergency, and we have tolerated the longer exclusion of groups such as African-Americans from the full protection of our laws and the Constitution. This collection of essays by leading historians and scholars of law and American history, explores what it means for a democracy to suspend the rule of law and how Americans both justify and dispute these suspensions. Too often they are treated as isolated events, ignoring larger patterns of exclusion from the rule of law, as well as the threat they pose to democracy. In this book the authors seek to weave together these stories to show what these suspensions tell us about the limits of American democracy"-- Provided by publisher

"The Guardians of Judicial Independence The U.S. Supreme Court rules on some of the most important issues in American politics. Naturally, these decisions strike a nerve with many Americans. In the wake of the 2015 landmark ruling Obergefell v. Hodges, in which the Supreme Court ruled that the Constitution guarantees a right to marry for same-sex couples, Republican Governor Bobby Jindal of Louisiana argued that "The Supreme Court is completely out of control, making laws on their own ... . If we want to save some money, let's just get rid of the Court." Senate Majority Leader Mitch McConnell (R-KY) stated that the "American people, through the democratic process, should be able to determine the meaning of this bedrock institution [marriage] in our society." And Republican Senator Ted Cruz of Texas, nearly the 2016 Republican nominee for president, proposed constitutional amendments to overturn federal court rulings legalizing gay marriage and to strip the federal courts of their ability to hear same-sex marriage cases."-- Provided by publisher

Contents: An introduction to the separation of powers and bicameralism -- Reported court curbing and administrative court curbing measures -- Reported court structuring bills -- Judicial responses -- Conclusions involving the relationship between Congress and the courts

""Exploring the little-known history behind the legal doctrine of prior appropriation-"first in time is first in right"-used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines-a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. Mr. Davenport's exhaustive research has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term."-Provided by publisher"-- Provided by publisher

"This book immerses readers in the public and private life of groundbreaking Supreme Court Justice Ruth Bader Ginsburg, detailing the historical events surrounding her rise to a coveted position on the nation's highest court"-- Provided by publisher

Includes index
Summary "The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation, and individual. Using chronological court cases, this book examines how the Supreme Court became an arbiter between the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist's lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view, which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns." --back cover

"Like almost all studies that have appeared since scholars realized--about twenty years ago--that law clerks play important roles in judicial decision-making, those collections focused on the Supreme Court. Given the importance of the Court and of its clerkships as stepping stones to greater things, this is not surprising. But federal courts, and cases, are far more numerous. In this final volume of his trilogy focusing on clerks, Peppers shows that the distinctive doings of lower court clerks are at least as important, and interesting, as those of their Supreme Court counterparts. Ruth Bader Ginsberg, among others, contributes"-- Provided by publisher

"This book coaches readers, giving them both the big picture view of the field as well as providing some of the more nuanced and subtle plays to help them deal with varied situations. This is a book designed to help the law student, new lawyer, or anyone who will be tasked with interviewing others in both legal or non-legal scenarios. It's meant to be simple to read, follow, and understand-with the goal of making interviewing and counseling seem less daunting, more conversational, and easier"-- Provided by publisher

Water law is very important in Texas because of the lack of water in the majority of the state and the prospect of greater shortages in an era of warming climate. It is certain that conflicts and litigation over the rights to and usage of water are going to increase in the coming years. This guide introduces researchers to the basic concepts and resources (both print and online) needed to research water law issues in Texas; explains the identity, function and publications of the various government bodies involved with water law issues in Texas; and provides researchers starting points when conducting historical research on Texas water law. --Publisher

Contents: Key elements of effective wills -- Sample last will and testament of Tommy the testator

Contents: PowerPoint -- Top 5 legal issues facing schools in 2021 -- The new Title IX regulations : what every school needs to know -- Students misusing technology : what schools can & can't do

Contents: School legal obligations regarding student mental health -- Balancing special education and mental health concerns -- Threats, violence, crises, trauma and mental health : how to prevent and respond -- Student suicide and the law : what schools need to know -- Mental health and student privacy : what can be disclosed? -- Parents and mental health : how schools must communicate -- Disciplining students with student mental health in mind -- Supplemental materials : PowerPoint

Contents: The Tokyo Tribunal, justice, and international order -- In the shadow of the Paris Peace Conference: behind the scene of the International Miitary Tribunal for the Far East -- The IMTFE as a venue for legislating process -- The hegemonic narrative of the Pacific War: Japan's conspired and aggressive war -- The partial interest for victims and strategic "forgetting" at the Tokyo Tribunal -- Emperor Hirohito as the Japanese Kaiser and selection of the IMTFE defendants -- Towards the post-institutional phase of the Tokyo Tribunal: narratives, sentences, detentions -- Forgiveness by law and dilemmas on the nature of the war criminal program in Japan -- Stagnation and confusion: the incoherencies of the war criminal program in Japan -- From criminals to spirits: class A war criminals -- International criminal tribunals: Cui bono?