Recent Acquisitions at the Marquette Law Library

This book investigates how ethics generally precedes legal regulation, and looks at how changes in codes of ethics represent an unparalleled window into the research, innovation, and emerging technologies they seek to regulate. It provides case studies from the fields of engineering, science, medicine and social science showing how professional codes of ethics often predate regulation and help shape the ethical use of emerging technologies and professional practice. Changes in professional ethics are the crystallization of ongoing conversation in scientific and professional fields about how justice, privacy, safety and human rights should be realized in practice where the law is currently silent. This book is a significant addition to this area of practical and professional ethics and is of particular interest to practitioners, scholars, and students interested in the areas of practical and applied ethics. --back cover

This is the first volume in our new 'Studies in Restorative Justice' book series. The book is based upon on an action research project supported by the Criminal Justice Programme of the European Union. The project developed a new restorative justice programme, called Building Bridges, for use in prisons across Europe. The programme was piloted in seven diverse European countries: the Czech Republic, Germany, Hungary, Italy, the Netherlands, Portugal and Spain. This book looks at the successes and failures of the pilot programmes and the lessons that can be learned concerning the future of restorative justice, victim support and penal reform. One innovative and distinctive feature of the book is its use of a social-ecological approach to evaluation, which allowed the authors to pose and answer questions about what is required to create sustainable restorative justice (and similar) programmes

"Harm, Healing, and Human Dignity is a faith formation resource to help small groups in parishes and schools, as well as individual believers, reflect on the Catholic call to restorative justice"-- Provided by publisher

"In this completely true life story, a former correctional officer of 14 years, a prisoner doing time for murder, and a former victim of violent crime, reveal with candid honesty how they found themselves seeing eye-to-eye and coming together in the shared desire to push for restorative justice and true correction in correctional facilities, from all sides -- ultimately co-writing this book with the hopes that society will begin to see the urgent need for huge changes in America's prison system." --back cover

"Understanding and Applying Restorative Justice: Critical Readings on Why it's Needed and How it's Practiced provides students with carefully selected readings that emphasize restorative justice as an alternative approach to punishment or vengeance. The volume highlights the differences between restorative justice and criminal justice and demonstrates how to apply its key concepts and principles in real-world situations." --back cover

The more than 2.3 million incarcerated individuals in the United States are often regarded as a throw-away population. While the criminal justice system focuses on giving offenders "what they deserve", it does little to restore the needs created by crime or to explore the factors that lead to it. Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping to restore prisoners' sense of humanity while holding them accountable for their actions. In this book, Toews, with years of experience in prison work, shows how people in prison can live restorative-justice principles. She shows how these practices can change prison culture and society. Written for an incarcerated audience, and for all those who work with people in prison, this book also clearly outlines the experiences and needs of this often overlooked part of our society. (Back cover)

In this anthology, Professor Emeritus Lode Walgrave, a pioneer in the field of juvenile justice and restorative justice, revisits a selection of his publications, going back to the late 1990s to the late 2010s, on restorative justice as a response to offending. These include reflections on why restorative justice is valuable as well as on how it can and should be implemented. Can reparation be imposed and how would that relate to retribution? Is there room for punishment? The broader field is explored by examining how restorative justice contributes to civilising criminal justice and to a 'criminology of trust', all based on his socio-ethical concept of 'common self-interest'. In newly written introductory and concluding chapters, Walgrave explains how this journey in writing resulted in developing a consequential approach to restorative justice, which prioritises restorative responses to crime and delinquency

"Congress is widely viewed as the most unpopular, unproductive, and ineffective branch of government. On both the left and the right, scholars and the public have noted an increasing imbalance between the power of the legislature and the power of the executive. At the core of this imbalance, Bolton and Thrower argue, is not a legislature unwilling to act against an energetic, muscular executive--but one that lacks the means and opportunity to do so. The executive branch has ample access to expertise and resources that the legislative branch does not. Congress lacks, in the terminology of the authors, legislative capacity. In this book, Bolton and Thrower explore how capacity is key to separation of powers policymaking. Low-capacity legislatures face difficulties checking the executive branch, empowering executives to unilaterally bypass ideologically-opposed legislatures and to short-circuit the legislative process. When legislative capacity is high, however, the legislative branch can act to effectively stifle an ideologically opposed executive. Looking at Congress and state legislatures both historically and today, they show how capacity has varied over time and how this has affected the dynamics of power at both the state and federal level. While the work focuses on the US, their concluding chapter highlights other contexts in which this theory applies, and reinforces the general message that legislative capacity is key to understanding whether separated systems operate as intended and when executive power thrives"-- Provided by publisher

"Cooperation among competition enforcers is a fact of life for counsel advising international businesses. A merger may need clearance in multiple jurisdictions, or a cartel may be under investigation globally. Lead counsel will be called upon to make decisions about strategy and coordination crucial to successfully managing the demands of multiple agencies. This handbook provides counsel with a practical guide for making such decisions." -- publisher's website

"This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe's capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public-private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing." --back cover

"International criminal law is shaped by the influence of individual scholars and the impact of specific rulings and legal frameworks. This volume provides a fresh perspective on core themes and notions of international criminal justice. It revisits the sources, treatment and reception of doctrine and jurisprudence from an inter-generational perspective. It analyses the role of scholars and practitioners such as Arendt, Damaska and Cassese concerning the conceptualisation of law and jurisprudence. Then, it assesses the goals and scope of international criminal law, including contemporary developments relating to the interaction between international and domestic jurisdiction (e.g., verticality, complementarity, gravity), the role of actors (such as state crime, corporations, private military companies) and crime definitions (aggression, child recruitment). Finally, the book includes a review of key concepts and challenges of individual responsibility and international criminal procedure." "The volume is designed to provide a critical rethinking of existing law and practice. It includes contributions by established scholars and new voices, thus making the work relevant for academics, international and domestic courts and tribunals, as well as non-governmental organizations. It was produced within the framework of the Marie Curie Project of the Grotius Centre for International Legal Studies, Leiden University & Campus The Hague."--Jacket

The Three Death Sentences of Clarence Henderson is the story of Clarence Henderson, a wrongfully accused Black sharecropper who was sentenced to die three different times for a murder he didn't commit, and the prosecution desperate to pin the crime on him despite scant evidence. His first trial lasted only a day and featured a lackluster public defense. The book also tells the story of Homer Chase, a former World War II paratrooper and New England radical who was sent to the South by the Communist Party to recruit African Americans to the cause while offering them a chance at increased freedom. And it's the story of Thurgood Marshall's NAACP and their battle against not only entrenched racism but a Communist Party -- despite facing nearly as much prejudice as those they were trying to help -- intent on winning the hearts and minds of Black voters. The bitter battle between the two groups played out as the sides sparred over who would take the lead on Henderson's defense, a period in which he spent years in prison away from a daughter he had never seen. Through it all, The Three Death Sentences of Clarence Henderson is a portrait of a community, and a country, at a crossroads, trying to choose between the path it knows is right and the path of least resistance. The case pitted powerful forces -- often those steering legal and journalistic institutions -- attempting to use racism and Red-Scare tactics against a populace that by and large believed the case against Henderson was suspect at best. But ultimately, it's a hopeful story about how even when things look dark, some small measure of justice can be achieved against all the odds, and actual progress is possible. It's the rare book that is a timely read, yet still manages to shed an informative light on America's past and future, as well as its present

"Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hair dresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP's Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen captures the story of a remarkable American life, a figure who remade law and inspired the imaginations of African Americans across the country. Burnished with an extraordinary wealth of research, award-winning, esteemed Civil Rights and legal historian and dean of the Harvard Radcliffe Institute, Tomiko Brown-Nagin brings Motley to life in these pages. Brown-Nagin compels us to ponder some of our most timeless and urgent questions-how do the historically marginalized access the corridors of power? What is the price of the ticket? How does access to power shape individuals committed to social justice? In Civil Rights Queen, she dramatically fills out the picture of some of the most profound judicial and societal change made in twentieth-century America"-- provided by publisher

"Update to Property Insurance Litigator's Handbook covering new contexts"-- Provided by publisher

"This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"-- Provided by publisher

"Advances in information technology and ascendency of the internet have added important legal and social responsibilities relating to the collection, use, and storage of personal information. Privacy-related laws continue to evolve and affect businesses of all sizes and sectors. This guide identifies and explains the relevant current issues, both domestic and international, for the discussion of privacy. The book provides readers with references to the important laws, regulations, and voluntary standards that are essential to counsel clients, develop internal processes, engage with stakeholders, and prepare reports and disclosures." -- publisher's website

"This book expands and updates information that was presented originally in the Section's 1993 and 2009 publications on the Noerr-Pennington Doctrine. Among other new developments, this update considers the Supreme Court's decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014)." -- publisher's website

"This book argues that certain intellectual creations should not receive copyright or patent protection because they are harmful to society. It posits that the theories of intellectual property and the Intellectual Property Clause of the U.S. Constitution suggest this conclusion. The book responds to counterarguments: namely, that denying protection might increase the output of objectionable works, that other laws should address the moral problems; and that intellectual property functions better under a laissez-faire approach. After responding to these arguments, the book considers the roles of government actors in denying protection. It argues that courts should exercise their powers of equity to deny relief for works that are connected to unlawful acts of the rights-holder, and that courts should exercise their constitutional powers to deny protection for specific categories of harmful expressions and inventions. Next, the book considers whether Congress has constitutional authority to deny protection for works that it considers to be immoral. In concluding that Congress does have such authority, the book sets forth specific criteria that Congress should apply in exercising its moral discretion. Finally, the book considers whether denying intellectual property protection on moral grounds would violate the Free Speech Clause of the First Amendment. It concludes that principles of free speech afford Congress considerable discretion to deny patent protection but only narrow discretion to deny copyright protection. It also concludes that the Free Speech Clause is consistent with judicial denial of protection for the limited categories of works that fall outside the Intellectual Property Clause" -- Provided by publisher

"This book is a historical account about the negotiation of creativity in the American theatre. It is a history of how the American theatre organized its relationships and how stakeholders, and in particular dramatists, responded to these developments. The book examines how copyright law has interacted with the American theatre in dynamic and counterintuitive ways, helping to facilitate theatrical production between authors of original copyright works and audiences. But copyright plays only a supporting role in the much larger theatrical economy. This is a history of how the industry was shaped by the evolution of mediating businesses and the practices they established. The growth in mediating businesses, and responses to these developments, has accompanied enduring ambiguities about the authority dramatists are often assumed to have over the work they create"-- Provided by publisher

"Focusing on the various issues that trademark surveys address, this compendium discusses a critical design or analysis topic that an attorney who is presenting, defending, or critiquing a survey must deal with. It brings together the viewpoints of academic and legal experts on surveys and survey methodology, combining both theory and practice in a single resource. Using both actual and hypothetical cases, the authors explain how the courts have addressed these issues and offer strategic guidance on how to identify important issues, understand options, and the optimal way the issues should be handled." --publisher's website

"From the founding, Americans' contests over the Constitution and what it should mean for their actions have profoundly shaped the country's political direction. With a cast of characters ranging from Montesquieu, Adams, and Henry Clay, to the transcendentalists, Cherokee freedmen, and modern identitarians, this book brings an interdisciplinary group of scholars to the task of forwarding discussion on American political thought and American political development. The result is a volume raising as many questions as it answers, especially about the themes of membership and civic virtue"-- Provided by the publisher

"The insurrection on the US Capitol on January 6, 2020, was described as an assault on the Constitution itself, an attack on the core idea of what it means to be American. The nation, in the minds of most people today, is defined by the principles and ideals set forth in its founding document. According to President Obama in his second inaugural, "What makes us exceptional-what makes us American-is our allegiance to an idea." But this idea has little meaning beyond commitment to the Constitution itself. While Americans across the political spectrum are enamored with the Constitution-what Jared Goldstein calls constitutional nationalism-the Constitution frequently provides neutral, patriotic cover for widely varying, and often pernicious, values and commitments. In Real Americans, Goldstein examines the way Americans have promoted exclusionary, nativistic, racist, and violent efforts precisely on the grounds of defending the Constitution. Through meticulous research, Goldstein explores the dark side of constitutional nationalism. Beginning with the long history of the Ku Klux Klan's efforts to defend a white Constitution, Goldstein then surveys the attempt by religious nationalists to create an exclusively Christian Constitution, the anti-immigrant promotion of a nativist Constitution, the corporate support for a libertarian Constitution, the Tea Party's endeavor to establish a partisan Constitution in opposition to the Democratic Party, and finally the violent actions by militia groups and domestic terrorists in support of their constitutional vision of national identity. Each of these groups perceived themselves as representing and defending what it means to be truly American and mobilized campaigns based on constitutional demands and ideals. American history is the history of competing interpretations of who counts as a true American, and in each case, the Constitution has been used to support these interpretations-often to the point of violence. Real Americans sheds light on a history most people would like to ignore"-- Provided by publisher

"This book's contribution to the literature on legislative behavior is to show how faith concerns influence legislative activity, even outside the roll call arena and is intended to yield greater support for the notion that legislative activity is motivated by faith and religious convictions"-- Provided by publisher

"What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restricter on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals"-- Provided by the publisher

"Intensive look at restrictive new voting laws ostensibly designed to target voter fraud but criticized as being racially-based voter suppression"-- Provided by publisher

This book provides an in depth look at the constitutional, historical, and political arguments concerning presidential immunity from prosecution, as well as the opinions of the Office of Legal Counsel that provided the justification for the decision not to prosecute President Trump. Focusing on those opinions, the book examines the constitutional basis of presidential immunity, both textual and historical, as reflected in the deliberations of the 1787 Convention and the ratification debates. The opinions are viewed in the context of the criminal investigations of Presidents Nixon and Clinton that gave rise to those opinions, as well as the pronouncements of the Supreme Court concerning their claims, and those of President Trump to immunity from judicial inquiry. Lastly, the book analyses presidential immunity in light of the separation of powers, the availability of impeachment, and the discordance between presidential immunity and the rule of law

"Long before the uprising at the Capitol, the threat of insurrection has held a mirror to America's highest ideals and deepest fears. The Insurrection Act of 1807--passed amid pervasive fears of slave rebellion--authorizes the president to deploy federal troops to quell domestic uprisings. Invoked during Reconstruction and the civil rights movement, the Act was deployed to enforce the promise of equal citizenship for Black Americans. But the Act has also authorized federal military intervention to suppress so-called race riots after Martin Luther King Jr.'s assassination and during the 1992 Los Angeles rebellion; more recently, President Trump threatened to use the Act in response to the George Floyd racial justice protests. The invocation of the Act to either enforce civil rights or suppress riots, lawyer and cultural critic Hawa Allan argues, reflects the enduring struggle to incorporate Black Americans as full citizens of the United States. She demonstrates how the Insurrection Act exposes America's most enduring conflicts: over racial injustice, human rights, equal citizenship, and federal power"-- Provided by publisher

"This compilation results in an easy-to-follow collection of cases to support or guide a practitioner facing an evidentiary problem before the Tax Court. New material in the third edition includes a discussion of the scope of review for different types of cases and additional examples of how the Tax Court has applied the rules of evidence." -- Publisher's website

"In this engaging-and disturbing-book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics, beginning with the creation of the Constitution and ending with the confirmation hearing of Brett Kavanaugh. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to the War on Terror, Lucas Powe shows how virtually every major Supreme Court ruling, however deftly framed in constitutional terms, suited the wishes of the most powerful politicians of the time. This history reflects a changing Court, from the country's early struggles over commerce and transportation to the torturous justifications of slavery before the Civil War, to a post-New Deal interest in ending segregation, controlling criminal procedure, and addressing knotty questions arising from the Cold War. Through all of this the Court emerges as part of a ruling regime, doing its best to implement the regime's policies. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history. This new edition adds two chapters detailing the history of the Court since 2008. The first looks at the centrist jurisprudence of Justice Anthony Kennedy and his dominant presence as the decisive vote in a series of 5-4 decisions. The second looks at the aftermath of Justice Antonin Scalia's death and the Republican control of the Court"-- Provided by publisher

"The Credentialed Supreme Court starts by establishing just how different today's Justices are from their predecessors. The book combines two massive empirical studies of every Justices' background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today's Justices arrive on the Court with much narrower experiences than they once did. The modern Supreme Court specializes in cloistered and elite lives. Today's Justices have spent more time in elite academic settings (both as students and faculty) than any previous Courts. Every Justice but Barrett attended either Harvard or Yale Law School, and four of the Justices were tenured professors at prestigious law schools. They also spent more time as Federal Appellate Court Judges than any previous Courts. These two jobs (tenured law professor and appellate judge) share two critical components: both jobs are basically lifetime appointments that involve little or no contact with the public at large. The current Supreme Court is packed with a very specific type of person: type-A overachievers who have triumphed in a long tournament measuring academic and technical legal excellence. This Court desperately lacks individuals who reflect a different type of "merit." The book examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court"-- Provided by publisher

"This updated study guide continues to provide comprehensive coverage of topics regularly covered in remedies courses. The second edition includes revised and expanded coverage of injunctions, equitable defenses, and compensatory damages. It also includes a new section exploring the right to a jury trial. The second edition continues to use multiple-choice and short-answer questions to test your students' knowledge of remedies law doctrine. It now also includes sample essay questions as well. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. Each short-answer question (designed to be answered in no more than fifteen minutes) and each essay question is followed by a thoughtful, yet brief, model answer. Questions & Answers: Remedies also includes a comprehensive topical index"-- Provided by publisher

"This comprehensive and clearly written Understanding treatise is frequently cited by scholars and courts in their analysis of substantive criminal law, and has been a popular source of assistance to criminal law students for the past quarter century. Understanding Criminal Law is designed to be taught in conjunction with any casebook. The topics covered are those most often raised in criminal law casebooks, and coverage of these subjects is meant to complement professors' classroom discussions. The text focuses on the basic elements of, and defenses to, all crimes; provides in-depth coverage of such crimes as homicide, rape, and theft, and covers other important topics covered in the Criminal Law course, such as accomplice and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and modern statutes. This edition offers the most significant updating ever, including coverage of quickly changing legal areas, such as sexual assault and self-defense law. Recent revisions to the Model Penal Code are also covered"-- Provided by publisher

"This workbook provides a framework for what it means to use a trauma-informed lens and how to use that lens in interactions with library patrons. It offers various scenarios that will provide you the opportunity to integrate what you've learned so you can implement the trauma-informed framework in your work and offers a series of exercises that focus on self-care and self-assessment"-- Provided by publisher

"This book applies a trauma-informed care framework to library services. This approach can foster empathetic service, positive patron encounters, and a trusting workplace"-- Provided by publisher