Recent Acquisitions at the Marquette Law Library

"Since it was first published in 1981 Getting to Yes has become a central book in the Business Canon: the key text on the psychology of negotiation. Its message of "principled negotiations"--Finding acceptable compromise by determining which needs are fixed and which are flexible for negotiating parties--has influenced generations of businesspeople, lawyers, educators and anyone who has sought to achieve a win-win situation in arriving at an agreement. It has sold over 8 million copies worldwide in 30 languages, and since it was first published by Penguin in 1991 (a reissue of the original addition with Bruce Patton as additional coauthor) has sold over 2.5 million copies--which places it as the #10 bestselling title overall in Penguin Books, and #3 bestselling nonfiction title overall. We have recently relicensed the rights to Getting to Yes, and will be doing a new revised edition--a 30th anniversary of the original publication and 20th of the Penguin edition. The authors will be bringing the book up to date with new material and a assessment of the legacy and achievement of Getting to Yes after three decades"-- Provided by publisher

"In White Fright, acclaimed historian Jane Dailey offers a radical reinterpretation of the fight for African American rights, showing how that fight has been closely bound, both in terms of law and in the white imagination, to the question of interracial sex and marriage. White fear of black sexuality not only fueled the systems of exclusion and oppression under Jim Crow, she contends it was also a central factor driving white resistance to the civil rights movement. Sex, love, and marriage were in fact the lynchpin of white supremacist fear and ideology. In the course of this gripping and urgent investigation, Dailey examines how white fears played out in the battles over lynching, in criticisms of black troops' behavior overseas in France and England during WWII, in the violent reactions of whites following the Brown v. Board decision, and in the aftermath of the eventual Loving v. Virginia ruling, which finally declared marriage a "fundamental freedom." Placing sex at the center of civil rights history, White Fright offers a bold and insightful new take on one of the darkest threads running through American history"-- Provided by publisher

"According to the 2010 US Census, more than seventy percent of Black women in America are unmarried today. Sweeping in scope and expansively researched, Black Women, Black Love reveals how four hundred years of the laws, policies, and customs have created that crisis for Black women in America today. Stewart begins her investigative analysis in the earliest years of the slave state, showing that American slavery could only flourish if its stakeholders strategically disrupted and even extinguished Black love. A new wave of violence split up couples once again as millions embarked on the Great Migration to northern cities. There, they found that the welfare system of the twentieth century continued to suppress Black marriage, mandating that women remain single in order to receive government support. Yet no institution has perfected America's project of forbidding Black love with as much methodical precision as the contemporary prison industrial complex. Mass incarceration removed Black men en masse from the pool of marriageable partners, forcing Black women to forge whatever intimacy they could through prison bars, on collect phone calls, and during visiting hours. Revealing these continued assaults on the most precious and powerful of liberties, Black Women, Black Love is a cri de coeur that draws a straight line from generations of oppression to today's crisis of Black companionship. It is at once a compelling accounting of the lasting damage done to black wealth and selfhood, and a stirring call for the cultural and policy changes necessary to unshackle Black love at last"-- Provided by publisher

The Sacklers are one of the richest families in the world, known for their lavish donations to the arts and the sciences. The source of the family fortune was vague, however, until it emerged that the Sacklers were responsible for making and marketing a blockbuster painkiller that was the catalyst for the opioid crisis. Keefe begins with the three doctor brothers, Raymond, Mortimer and Arthur, who weathered the poverty of the Great Depression and appalling anti-Semitism. Working at a barbaric mental institution, Arthur conducted groundbreaking research into drug treatments, devised the marketing for Valium, and built the first great Sackler fortune. Forty years later the template he created to sell Valium was employed to launch a far more potent product: OxyContin

Every day in communities across America hundreds of committees, boards, church groups, and social clubs hold meetings where they spend their time engaged in shouting matches and acrimonious debate. Whether they are aware of it or not, the procedures that most such groups rely on to reach decisions were first laid out as Robert's Rules more than 150 years ago by an officer in the U.S. Army's Corps of Engineers. Its arcane rituals of parliamentary procedure and majority rule usually produce a victorious majority and a very dissatisfied minority that expects to raise its concerns, again, at the next possible meeting. This book clearly spells out how any group can work together effectively. After briefly explaining the problems created by Robert's rules, the guide outlines the five key steps toward consensus building, and addresses the specific problems that often get in the way of a group's progress. Appendices include a basic one page "handy guide" that can be distributed at meetings and a case study demonstrating how the ideas presented in the book can also be applied in a corporate context. Written in a non-technical and engaging style, and containing clear ideas and instructions that anyone can understand and use, this one-of-a-kind guide will prove an essential tool for any group desperate to find ways of making their meetings more effective. In addition, neighborhood associations, ad hoc committees, social clubs, and other informal groups lacking a clear hierarchy will find solid advice on how to move forward without resorting to "majority rules" or bickering over who will take leadership positions. This book will change the way you hold meetings forever, paving the way for efficiency, efficacy, and peaceful decision making

"The purpose of this book is to illuminate a theory of youth engagement in restorative justice that seeks to create systems change for more equitable schools. The authors define youth engagement in restorative justice as partnering with young people most impacted by structural injustice as changemakers in all aspects of restorative practices including community building, healing, and the transformation of institutions. Based on Adam Fletcher's version of the Ladder of Youth Engagement, coupled with Barbara Love's model of liberatory consciousness and an analysis of youth engagement in Restorative Justice in three different regions--Western Massachusetts, Oakland, and Houston--the authors provide a theoretical contribution: Youth Engagement in Restorative Justice grounded in liberatory consciousness." -- publisher's website

"Drawing upon 25 years of experience representing black youth in Washington D.C.'s juvenile court, Kris Henning confronts America's irrational, manufactured fears of Black youth and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. She explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and details the long-term consequences of racism and trauma Black youth experience at the hands of police and their vigilante surrogates. She makes clear that unlike white youth who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and want to be, Black youth are seen as a threat to white America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair and music. She limns the effects of police presence in schools, and the depth of policing-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence: How America Criminalizes Black Youth is an essential book for our moment"-- Provided by publisher

"Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship. The book explores how allegiance was historically owed in return for the sovereign's protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the 'enigma' of belonging. With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal-theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics" -- Provided by publisher

"Between 1866 and 1932 - between the Civil War and the New Deal - the American system of governance was fundamentally transformed with momentous implications for modern American social and economic life. Nineteenth-century traditions of local self-government and associative citizenship were replaced by a modern approach to positive statecraft, social legislation, economic regulation, and public administration very much with us today. This later turn-of-the-century revolution in governance is best characterized as "The Creation of the Modern American State." This was the second great act in the political history of American democracy, broadly construed"-- Provided by publisher

Contents: Intelligence for an American century : creating the CIA -- The development of CIA covert action -- A 'gangster act' : The Berlin tunnel -- The CIA and the USSR : the challenge of understanding the Soviet threat -- Anglo-American intelligence liaison and the outbreak of the Korean war -- The CIA and the bomber and missile gap -- The CIA and Cuba : The Bay of Pigs and the Cuban missile crisis -- The CIA in Vietnam -- The CIA and arms control -- The CIA's counter-intelligence conundrum : the case of Yuri Nosenko -- 1975 : The year of the 'intelligence wars' -- Watching Khomeini -- The CIA and the Soviet invasion of Afghanistan -- Martial law in Poland -- Able Archer and the NATO war scare -- The Soviet leadership and kremlinology in the 1980s -- The CIA and the (first) Persian Gulf war -- A mole in their midst : The CIA and Aldrich Ames -- 'The system was blinking red' : the peace dividend and the road to 9/11 -- Reckoning and redemption : the 9/11 commission, the director of national intelligence and the CIA at war -- The 'slam dunk' : The CIA and the invasion of Iraq -- The terrorist hunters become political quarry : The CIA and rendition, detention and interrogation -- Innovation at the CIA: from Sputnik to Silicon valley and Venona to Vault 7 -- Entering the electoral fray : the CIA and Russian meddling in the 2016 election -- Flying blind? The CIA and the Trump administration

"When Cities Lobby tells the story of what happens when city officials rely on professional lobbyists to represent their interests in state government. In a political environment characterized by intense urban-rural polarization and growing hostility between cities and state legislatures, the ability to lobby can be a powerful tool for city leaders seeking to amplify their voices in state politics. The cities that lobby at the highest rates include large urban centers that have been historically underrepresented in our federal system--and, increasingly, blue-leaning cities engaged in preemption battles against Republican-led legislatures. But high-income places have also figured out how to strategically use lobbyists, and these communities have become particularly adept at lobbying to secure additional grant money and shift state funding in a direction that favors them. How did we end up with a system where political officials in different levels of government often choose to pay lobbyists to facilitate communication between them, and are the potential benefits worth the costs? When Cities Lobby demonstrates that the answer is deeply rooted in both the nature of the federal system and the evolution of the professional lobbying industry. And while some states have recently debated measures to restrict lobbying by local governments, these efforts will likely do more harm than good in the absence of structural reforms to the lobbying industry more broadly"-- Provided by publisher

"Americans are required to pay taxes, serve on juries, get their kids vaccinated, get driver's licenses, and sometimes go to war for their country. So why not ask--or require--every American to vote? E.J. Dionne and Miles Rapoport argue that universal participation in our elections should be a cornerstone of our system. It would be the surest way to protect against voter suppression and the active disenfranchisement of a large share of our citizens. And it would create a system true to the Declaration of Independence's aspirations by calling for a government based on the consent of all of the governed."--Amazon.com

"This book examines the role local party organizations play in the electoral process. It draws on dozens of in-person interviews with local party chairpersons, as well as findings from a national survey of these local elites. Part I of the book explores who leads local party organizations and what these organizations do. The findings demonstrate that these organizations play a critical role in converting citizens into politicians and supporting them as they navigate the campaign process. These efforts appear to pay dividends as candidates from a party tend to perform better in areas where the local party organization is active. Part II considers what local party chairpersons look for in a candidate, drawing on findings from an experiment included in the national survey of party chairs. The experiment asked chairs which of a pair of candidates they thought would be most likely to prevail in a primary in their area and varied an array of candidate characteristics, including their policy positions, family structures, and their purported ethnoracial identity and gender. The results offer novel insights into the attributes that elites who play a critical role in candidate recruitment see as enhancing (or degrading) an individual's electoral prospects. Throughout, the experimental evidence is bolstered by findings from the in-depth interviews with chairs"-- Provided by publisher

"The principle and practice of pro bono-volunteer legal services for poor and other marginalized groups-is an increasingly important feature of justice systems around the world. A quarter century ago, pro bono was an ancillary part of the U.S. system and virtually nonexistent as an institutional matter elsewhere. Now, in contrast, pro bono has become widely diffused and institutionally central in a growing number of countries throughout the Global North and South. PILNet, a key player in the global pro bono industry, has hosted Pro Bono Forums around the world (ten in Europe, three in Asia, and two in Russia), recently convening Global Forums bringing together law firm pro bono coordinators, civil society partners, and representatives from over fifty pro bono clearinghouses in countries as diverse as Indonesia and Italy. Yet as pro bono spreads it develops in diverse ways that reveal different approaches and unique understandings of the role that volunteer services should play in promoting access to justice. In its advance, pro bono often brings important positive outcomes for underserved individuals and nongovernment organizations (NGOs) that advocate on their behalf. But pro bono also invites controversy-attacked by proponents of state-based legal aid as a vehicle of neoliberal privatization and resisted by solo and small-firm lawyers as unfair competition. It is in this context that our book seeks to deepen understanding of pro bono as a double-edged sword: a vehicle of redistributing legal resources to those who desperately need them, but also a tool of professional legitimation that reinforces profound inequalities in the legal system. Covering the spread of pro bono in over twenty countries across five continents, this book provides a unique comparative dataset permitting"-- Provided by publisher

"Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights." -- publisher's website

"Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights. The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law." -- publisher's website

"Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a 'right' makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present"-- Provided by the publisher

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy

This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, the volume is organised into thematic parts, beginning with an overview of fundamental concepts in water law, as well as pervasive issues such as the interplay of water law, governance and politics, and the water-energy nexus. Entries then discuss topics in international, regional, and national water law, before exploring broader questions about the intersections between water law and areas such as development, infrastructure, and indigenous rights. The volume also offers insights into potential future directions of water law and governance in response to the increasingly pressing ecological issues. This authoritative volume will be a vital resource for all scholars and students of environmental law. Practitioners, policy makers and water managers will also find its accessible discussion of complex topics in water law particularly beneficial. -- Provided by publisher

"Abstract: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges. How, for example, can the law protect against threats to public health that can quickly cross national borders? How can it ensure access to affordable health care or regulate the pharmaceutical industry? Indeed, when matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Accordingly, this Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to those mentioned above, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative perspective on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. The many paired and complementary chapters that cover law in American and European contexts represent a novel approach that should allow scholars, students, and policymakers to develop new insight into this complex field. Keywords: health law; comparative law; EU law; UK law; US law; public health; healthcare; social determinants of health; public policy"-- Provided by publisher

"Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors." -- book jacket

"The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures." -- publisher's website

Climate Change Litigation investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including International law, European law and national public and civil law). In particular, it addresses the issue of "climate protection by courts". It gives an overview about important jurisdictions in the field of climate change litigation, including inter alia the US, Canada, Australia, UK, France, the Netherlands, Italy, Brazil and Germany. The ever greater, more wide-spread, and more violent effects of climate change in recent history have brought forth an unprecedented rise in societal discourse in the field of climate change. Naturally, this discourse is portrayed with its concomitant effects in court: The lawsuits initiated by human rights organisations against large corporations (e.g. against the energy giant RWE before German courts) and states (e.g. against the Netherlands) have attracted significant media attention especially. As a result, climate change litigation is in the course of establishing itself into an independent branch of environmental law and international law which is most likely to be one of the major legal markets of the future. Building upon this, Climate Change Litigation aims to pave the way for research in the field of climate change litigation, which up to this point has surprisingly remained untrodden ground in Germany or Europe. Published as a handbook, this text provides answers and ideas both to scholars and practitioners in this legal field. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation. -- Provided by publisher

"What role could or should the law play in dealing with the climate emergency? In this innovative volume, leading scholars explore fundamental debates at the frontier of climate change law scholarship. They address the key areas of scholarly disagreement about what climate change law is, the legal rules it consists of, and how these rules could be implemented in the real world. The first eleven topics are debated by teams of scholars expressing diametrically opposite points of view on each topic, in traditional debating style; the last seven chapters are presented as an individual author's own reflection on a topic that cannot readily be reduced to a binary debate. Each chapter is written in an accessible and thought-provoking way, emphasizing clear lines of argumentation. The debating-style format is designed to stimulate students to think critically and logically about the law and to fire up debate in and out of class." -- publisher's website

"This book assesses American, Canadian, and Swedish legal challenges to the explosive spread of pornography within their significantly different democratic systems and constructs a political and legal theory for effectively challenging the sex industry under law. The obstacles to this challenge are exposed as more ideological and political than strictly legal, although they often play out in the legal arena. The pornography industry is documented to exploit vulnerable populations in making its materials. A thorough analytical review of empirical studies using complementing methods demonstrates that using pornography substantially contributes to consumers becoming more sexually aggressive, on average desensitizing them and contributing to a demand for more subordinating, aggressive, and degrading materials. Consumers are also often found wishing to imitate pornography with unwilling partners; many demand sex from prostituted people, who have few or no alternatives. Most young men regularly consume pornography. Legal challenges to the harms are shown to be more effective under legal systems that promote equality and when the laws empower those most harmed, in contrast to state-enforced regulations (e.g., criminal obscenity laws). Drawing on feminist theory, among others, this book argues that pornography is among the linchpins of sex inequality, contending that a civil society forum can empower those harmed, with representatives who have more substantial incentives to address them. This book explains why democracies fail to address the harms of pornography and offers a political and legal theory for making the necessary changes. The insights can be applied to other intractable problems of hierarchy"-- Provided by publisher

"Following a brief overview of the history of private international law (PIL) and a longer discussion of the nineteenth century (the first golden age of PIL), this volume offers a detailed and insightful review of the last fifty-year period in the international development of PIL (1970-2020), which is the book's main focus. At least in terms of legislative activity, this period may well be the new golden age of PIL, during which we have witnessed the enactment of 101 national or subnational PIL codifications or recodifications, and almost as many international or regional conventions and EU Regulations. These codifications and conventions provide a reliable gauge for assessing the progress of the discipline; they also form the basis for the comparative observations of this book. The first version of this text was published in the Collected Courses of the Hague Academy of International Law (the 2016 General Course on Private International Law or Conflicts Law). The current volume is an expanded, revised edition of that original text, offering In addition to general updating, two new chapters on party autonomy and on the challenges of the internet"-- Provided by publisher

"Outside of the Bible, all of the known Near Eastern law collections were produced in the 3rd-2nd millennia B.C.E., in cuneiform on clay tablets, and in major cities in Mesopotamia and in the Hittite Empire. None of the five major sites in Syria to have yielded cuneiform tablets has borne even a fragment of a law collection, despite the fact that several have yielded ample legal documentation. Excavations at Nuzi have turned up numerous legal documents, but again, no law collection. Even Egypt has not yielded a collection of laws. As such, the biblical texts that scholars regularly identify as law collections would represent the only "western," non-cuneiform expressions of the genre in the ancient Near East, produced by societies not known for their political clout, and separated in time from the "other" collections by centuries. Making a Case challenges the long-held notion that Israelite and Judahite scribes either made use of "old" law collections or set out to produce law collections in the Near Eastern sense of the genre. Rather, Sara Milstein proposes that what we call "biblical law" is closer in form and function to another, oft-neglected Mesopotamian genre: legal-pedagogical texts. In the course of their education, Mesopotamian scribes copied a variety of legal-oriented school texts: sample contracts, fictional cases, sequences of non-canonical law, and legal phrasebooks. When Exodus 20-23 and Deuteronomy 12-26 are viewed in the context of these legal-pedagogical texts from Mesopotamia, their practical roots in comparable (lost) legal exercises begin to emerge"-- Provided by publisher

"This book is a comprehensive guide to mock trial. If you're a beginner, Championship Mock Trial will teach you the nuts and bolts you need to be competitive. If you're experienced, this books advanced advice will take you from good to great." -- publisher's website

"When Susan Oki Mollway became a federal judge in the United States District Court for the District of Hawaii in 1998, she was surprised that she was the first Asian American woman to be appointed on the federal bench in the United States. She would remain an exclusive member of Asian American women who are federal judges until a decade later when Kiyo A. Matsumoto was appointed to the federal bench for the Eastern District of New York. Since then, membership of this small group began to grow in number and in diversity. The First Fifteen recounts the experiences of how the first fifteen Asian American women became federal judges, such as Jacqueline Nguyen who fled Vietnam as a child and Pamela Chen, an openly gay Asian woman, and how they succeeded. The women were interviewed by Mollway herself and the book was written by her as well which offers a unique perspective into these women's lives. Mollway discusses their upbringing, their backgrounds, and their attitudes which contributed to their successful navigation through the appointment process"-- Provided by publisher

"A powerful true story and groundbreaking account of bias in the courtroom from CNN senior legal analyst Laura Coates, recounting her time as a Black female prosecutor for the US Department of Justice"-- Provided by publisher

Contents: Minor marriages -- Bigamous marriages -- Incestuous marriages -- Marriage and sexual relations -- Marriage and competency -- Cohabitation and prenuptial and postnuptial agreements -- Marriage and fraud -- Common law marriage -- Civil unions -- Divorce -- Divorce defenses -- Recognition of foreign marriages and divorces -- Property -- Custody/visitation -- Support -- Family privacy and the Constitution -- Parenting relationships -- Tort actions -- Professional responsibility -- Federal-state power distribution -- Practice final exam : Questions -- Answers

"As an introduction to banking law, Banking Law Essentials lays the groundwork for lawyers to decipher this complex area of law. The author, Karol K. Sparks, delivers "just the basics" with practical tips and proven advice, in an easy-to-read conversational tone." -- back cover

"A practical guide for insurance brokers, underwriters, risk managers and businesses as each of these constituencies work with each other to choose the right cyber insurance product for commercial businesses. ... This book is divided into two parts. The first eight chapters focus on the development of cyber insurance and various aspects and elements of cyber insurance that affect all industries, including how cyber insurance interacts with other commercial insurance coverage. Chapters nine through twenty-five take a closer look at the cyber risks and cyber insurance coverage needs for specific industries. In this way, the unique characteristics of each industry segment are highlighted and a review of cyber insurance for that industry segment is more focused. While not every possible industry segment is covered, the broadness of the industries covered should provide guidance to any business." -- publisher's website

Tort Law and the Construction of Change studies the interaction of law and social change in American history. Tort lawcivil law made by judges, not legislatorsis traditionally thought to arise out of legal precedent. But Kenneth S. Abraham and G. Edward White show that American judges over the course of the previous two centuries also paid close attention to changing societal contexts in which lawsuits for civil injuries arose. They argue that two versions of historyone grounded in the application of previous legal rules and the other responsive to larger societal changesmust be considered in tandem to grasp fully how American civil law has evolved over time

"Drawing insights from many stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more. Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. This book corrects this course by focusing on the human side of security. Incorporating public health theory and an understanding of risk, the authors set out a vision for data security law, one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them"-- Provided by the publisher

"The 4th Edition of Model Nonprofit Corporation Act is a model statute governing nonprofit corporations designed for adoption by state legislatures. The 4th Edition of the MNCA was adopted in 2021 and is a substantial revision of the Act while preserving important aspects of the 3d Edition. The Act follows the Model Business Corporation Act provisions to the extent possible while highlighting and respecting the characteristics that distinguish nonprofit from profit corporations." -- publisher's website

"ESG, CSR, and sustainability have become a dynamic and critical focus of corporate governance. The ESG challenges for corporate boards are complicated and this valuable guide sets out to carefully explore what happens when governance meets sustainability. The book serves as a guide to current ideas about ESG and governance and provides insight to directors on their role with respect to ESG matters." -- publisher's website

"This book focuses on a very timely and important subject that merit s comprehensive analysis: "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) in vocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection"-- Provided by publisher

"Antitrust Law Developments (Ninth Edition) is the seminal comprehensive review of federal antitrust law, with reports on current case law and administrative and legislative developments current through 2021. This 2-volume set updates you on key decisions in the courts, and developments at the enforcement agencies, keeping you current in every area of antitrust practice. Each edition of Antitrust Law Developments is designed to improve upon, as well as update, prior editions, and to ensure consistency with ever-changing developments in this dynamic area of law. Antitrust Law Developments is the product of an enormous team effort of Antitrust Section members and is a "must have" for every antitrust practitioner." -- publisher's website

"In recent decades, companies around the world have deployed an arsenal of tools-including IP law, hardware design, software restrictions, pricing strategies, and marketing messages-to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we've arrived at this moment, when a battle over repair is being waged-largely unnoticed-in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back"-- Provided by publisher

"Buying art and collectibles is a passion for Americans. From the imposing sales rooms at Sotheby's to the local swap meet, we all search for objects that are interesting or will increase in value over time (hopefully, both). But few of us know where to go to learn our legal rights and remedies when buying or selling art and collectibles. For example, what if a work of art turns out to be a fake? Or a "rare" stamp or coin isn't as rare as the dealer said? When buying or selling through auction houses, can you negotiate the commission and other terms? Are insurance and other expenses related to art or collectibles tax deductible? This book answers those questions and many, many others, and gives the reader a good working knowledge of legal aspects of buying and selling art and collectibles"-- Provided by publisher

"Contents: First considerations -- FTC trade regulation rules -- Consumer Financial Protection Bureau UDAAP standards -- The FTC Holder rule and state law counterparts -- Telemarketing fraud : the FTC telemarketing sales rule and state counterparts -- Unwanted calls, texts, and junk faxes -- The Telephone Consumer Protection Act (TCPA) : remedies and litigation -- The Federal Racketeer Influenced and Corrupt Organizations Act (RICO) -- State RICO, civil theft, and related statutes -- The Federal False Claims Act and other whistleblower laws -- Regulation of debt relief services -- Other statutes protecting consumers -- Appendix A. FTC trade regulation rules -- Appendix B. Selected Consumer Financial Protection Act provisions -- Appendix C. Federal regulation of telemarketing, robocalls, and junk faxes -- Appendix D. State telemarketing and robocall statutes summarized -- Appendix E. Federal RICO statute -- Appendix F. State RICO statutes summarized --Appendix G. Federal False Claims Act -- Appendix H. State False Claims Act statutes summarized -- Appendix I. State debt relief statutes summarized -- Appendix J. Mailing of unordered merchandise -- Appendix K. Restore Online Shoppers' Confidence Act -- Appendix L. Federal regulation of spam email"

"This comprehensive textbook provides a thoughtful introduction to both the legal and ethical considerations relevant to students pursuing careers in communication and media. The fully revised, sixth edition continues to integrate fundamental legal and ethical principles with cases and examples from both landmark moments and recent history. It expands upon the previous edition's exploration of international and non-US law, introduces a new chapter on digital and social media, and incorporates discussion of new technologies and media throughout its coverage of core topics such as privacy, intellectual property, defamation, and commercial speech. Coverage of recent court cases and congressional hearings brings readers up to date on the evolving discussion surrounding Facebook, Twitter, and today's other major online players. This hybrid textbook is ideal for undergraduate and graduate courses in media and communication that combine law and ethics. Online resources including chapter PowerPoint slides, study guides, and sample teaching materials are available at www.routledge.com/cw/moore"-- Provided by publisher

"We are currently witnessing some of the greatest challenges to democratic regimes since the 1930s, with democratic institutions losing ground in numerous countries throughout the world. At the same time organized labor has been under assault worldwide, with steep declines in union density rates. In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia. Beyond academia, this volume is essential reading for policymakers and practitioners concerned with the relationship between labor and democracy." -- publisher's website

The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that often balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook's scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution's ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment's right to keep and bear arms.--From dust jacket

"In this report, the Committee to Review EPA's TSCA [Toxic Substances Control Act] Systematic Review Guidance Document offers practical recommendations that EPA's OPPT [Office of Pollution Prevention and Toxics] could use to improve use of systematic review and more generally evidence-based practices within the risk evaluations." -- preface

"Understand better what you're learning in First Amendment or Constitutional Law class and prepare effectively for exams by applying concepts as you learn them. This study guide includes over 150 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of questions comprising a comprehensive "practice exam." The fourth edition has been updated with recent freedom of expression and religion cases. For each multiple-choice question, Professors Weaver and Araiza provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professors Weaver and Araiza provide a thoughtful, comprehensive, yet brief model answer"-- Provided by publisher

"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"-- Provided by publisher

"This book considers the ongoing cultural and legal controversy over the concept of church-state separation and the metaphor "wall of separation." It examines the origins of the concept and what led to its rise as a popular concept, then to its adoption by the Supreme Court and its fall into disfavor among many Americans"-- Provided by publisher

"Robert M. Lichtman provides a history of congressional exclusion and expulsion cases. Lichtman offers an investigation of the constitutional issues concerning permissible and impermissible grounds for excluding a member-elect or expelling a member from the Congress. This book begins with a review of the numerous congressional exclusion and expulsion cases in the eighteenth and nineteenth centuries before focusing on the stories of the last three members-elect to be excluded from Congress: a Mormon, a socialist, and an African American, each excluded notwithstanding election by the voters. Brigham H. Roberts was a Utah Mormon whose exclusion from the House of Representatives in 1900 was fueled by a nationwide anti-Mormon campaign waged by William Randolph Hearst and his newspaper empire, a controversy centered on the issue of polygamy. Victor L. Berger, a Socialist Party leader and editor of an antiwar Milwaukee newspaper during World War I, was elected to the House despite the efforts of the Wilson administration to derail his campaign by indicting him under the Espionage Act; he was excluded in 1919 and again in 1920. Adam Clayton Powell Jr. was a Baptist minister and civil rights advocate who represented the Harlem neighborhood of New York City in the House of Representatives from 1945 until his exclusion in 1967. In Powell v. McCormack, the Supreme Court ruled that Powell's exclusion by the House violated the Constitution"-- From the publisher's description

Contents: Introduction -- The foundation cases -- Navigability and its evolution -- Wetlands -- Water rights -- The wildlife trust -- Beaches -- Parks and public lands -- The atmospheric trust and the climate crisis -- Private property and the public trust doctrine -- The public trust doctrine abroad -- Frontiers of the public trust

"The purpose of this book is to provide fundamental information and best practices to legal practitioners so they can guide NPOs as they engage in affordable housing activities"-- Provided by publisher

"The detailed, complex rules for compliance with Section 409A have forced practitioners to devote far more time than before to plan design and compliance. With contributions from numerous recognized experts in the field, Section 409A Handbook, Third Edition provides essential, practical information regarding: Structuring and administering a diverse array of executive and other service provider compensation arrangements; Avoiding common violations, spotting violations that have occurred and correcting them whenever possible, and assessing penalties when the violation cannot be corrected; Areas where Section 409A compliance has proven particularly difficult, the situations that present the highest risk of IRS challenge, and common traps that may result in unintentional violations Insight into the interpretation and application of unresolved areas of Section 409A law; Practical tips/advice and numerous examples, tables, forms, and flowcharts to guide analysis and optimize Section 409A compliance. Section 409A Handbook, Third Edition will help any practitioner successfully navigate Section 409A with its broad scope, extensive and complicated regulations, and myriad corollary rules and unresolved issues." -- publisher's website

"This book braves a juxtaposition that might at first raise some eyebrows: it examines the legal management of sex offenders in sexually violent predator (SVP) trials alongside that of LGBTQ people seeking asylum from persecution in their home countries. Though these legal settings are diametrically opposed (one a punitive assessment, the other a protective one) they present a similar and telling conundrum: how do we know someone's sexuality? In both cases, state institutions are tasked with determining subjects' 'true' sexualities, measuring the degree and type of 'underlying deviance,' and sorting the queer from the fraudulent. Stefan Vogler examines how and why the measurement and classification techniques that have emerged as a guide have come to diverge so dramatically. By delving into the histories behind these classification practices and analyzing their impact, Vogler shows how the science of sexuality is far more central to state power than we realize. Through legal analysis, interviews, and multi-sited ethnography, he examines how the state enrolls non-state experts (typically anthropologists, sociologists, and lawyers in asylum pleas, and psychiatrists and forensic psychologists in SVP trials) to help craft classificatory schemas that render sexual 'others' legible to and thus manageable by the state. These classifications have led to the extension of rights for LGBTQ people, on the one hand, and the escalation of punishment for sex criminals, on the other"-- Provided by the publisher

"A study that challenges our notions about citizenship and judgment by considering the place of the 'child' in both historical and contemporary legal discourse in landmark cases involving the child's rights to free speech and due process"-- Provided by the publisher

"Michigan Legal Research is a concise, yet thorough, guide to conducting legal research in Michigan. Importantly, it also includes references to federal legal resources. In addition to updating all sources discussed, this edition, more so than previous editions, focuses on free legal resources, including current commercial and government sources. For the free online sources, this edition includes directions on how to navigate the website to make it easy for the reader to find the relevant information. Where applicable, references to new and established subscription-based resources are juxtaposed against those resources that are available for free. The goal is to help the reader make an informed decision regarding when to use a fee-based service as opposed to a free legal resource. This edition continues to draw upon the authors' years of experience teaching legal writing and research by providing the tools for conducting efficient and effective legal research, as well as discussing the interplay between legal research and legal analysis"-- Provided by publisher

"Examines how natural and legal limitations to water spurred the creation of the Southern Nevada Water Authority, a unique water agency imbued with local, county, and state level authority, and how this agency made Las Vegas a major actor in the politics of the Colorado River"-- Provided by publisher

Contents: Collection remedies -- Workouts, non-bankruptcy alternatives, and bankruptcy

Contents: The statute and its history -- Constitutional issues -- Choice-of-law issues -- What is a dealership? -- Certain limitations on application of chapter 135 -- The good-cause requirement -- Adverse treatment of the dealer -- Notice and cure requirements -- Repurchase of inventory -- Arbitration -- Injunctive relief -- Damages -- Costs and attorney fees -- Affirmative, strategic, and tactical defenses to chapter 135 actions -- Settlement -- Conclusion : living with Wis. Stat. Ch. 135 -- Appendix A : Text of Chapter 135 -- Appendix B : Sample pleadings -- Appendix C : Sample forms -- Table of cases -- Index

"For even the most seasoned attorney admitted to practice in the State of Wisconsin, defending OWI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Wisconsin OWI Defense: The Law and Practice, 2nd Edition. This text and supplementary DVD contains the most important information to help you attain a successful verdict. Written by Andrew Mishlove and James Nesci, both members of the National College for DUI Defense, Wisconsin OWI Defense: The Law and Practice, 2nd Edition ensures that you understand the chemical, biological and technological concepts and issues underlying OWI prosecution and defense in the State of Wisconsin. The authors provide the most up-to-date information available on key areas of OWI law in Wisconsin including: OWI Investigations, Driving and Field Sobriety Testing, Drug Recognition, Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, OWI Trial Procedures, and more"-- Provided by publisher

Contents: Copyright -- Trademarks -- Patents -- Trade secrets -- The right to control publicity -- Overview of intellectual property (technology) licensing -- Wisconsin advertising law -- Table of cases -- Table of statutes, regulations, and rules -- Index

"With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings"-- Provided by publisher

“The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in the Elements of International Law series, Dinah Shelton explores its origins and history, its revival in the twentieth century, and its place in international and domestic jurisprudence. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. Beginning with the writings of Grotius, Vattel, and Suarez, Shelton shows how the theory of jus cogens drew upon Roman law for its foundations. In the subsequent chapter, she considers the emergence of positivism and its rejection of any non-consensual basis for binding States to international norms. She then turns to the re-emergence of jus cogens in theories of the twentieth century and its place in the modern law of treaties. The volume includes extensive analysis of the interpretation of jus cogens obligations by international courts and tribunals, as well as by various domestic courts, including those of Italy, Greece, Canada, the US, and the UK. The volume concludes with a consideration of the place of jus cogens in modern scholarship.” -- publisher’s website

"The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment" -- book jacket

"There are few concepts in international law that captivate the mind and cause bitter debates as much as the application of the principle of proportionality in contemporary armed conflict. As conflicts are increasingly fought in urban settings, the concept of proportionality plays a crucial role in the protection of civilians from the horrors of war. This book is a study of proportionality as it is currently understood in the laws of armed conflict-also known as international humanitarian law (IHL). The principle of proportionality is one of the cornerstones of IHL, together with the other basic principles of distinction between civilians and combatants, the prohibition on the infliction of unnecessary suffering, the notion of military necessity, and the principle of humanity. Although proportionality is notoriously opaque and can seem a topic for theoreticians, the real-world impact of this principle and its interpretation is very concrete. States, and their armed forces, treat it as a serious limitation on their military activity. There are many reasons for the prominence of the principle of proportionality, especially, as Thomas Franck explained, its hold on the "imagination of the epistemic community in which it is used as the prism for viewing, arguing, and ultimately resolving disputes." It is, perhaps, useful to present the principle of proportionality in the context of two other cardinal principles of IHL: the principles of necessity and of distinction. According to these, only combatants and military objectives may be targeted during armed conflicts. The attacking party must ascertain whether a given target is military or civilian, and refrain from attacking the latter. The principle of proportionality adds a further constraint to the principle of distinction. Even if the target is a military objective, attacking it is prohibited if it is expected to cause incidental harm to civilians "which would be excessive in relation to the concrete and direct military advantage anticipated." For example, while civilian buildings cannot be attacked during a military operation, a building which is housing a group of soldiers can be attacked, because this makes it a military objective. However, the principle of proportionality place limits on how and when this building may be attacked. It is prohibited to attack the building if it is known that a large number of civilians either in the building or in its vicinity would be harmed, even if unintentionally, to an extent that this harm ("collateral damage") would be excessive relative to the military advantage gained by the attack. Thus, distinction and proportionality impose two cumulative conditions which must both be fulfilled in order for an attack to be lawful. Both principles limit the freedom of operation and the discretion of the belligerent parties, and thereby play an important role in protecting civilians from the vicissitudes of armed conflict"-- Provided by publisher

"For several centuries, freedom of the seas was the dominant framework for managing the oceans and their use. That doctrine recognized the oceans as a space open to all, which people from all nations could use and exploit. In recent decades, however, that doctrine has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas pollution and fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. Tracing the roots of the law of the sea and the background to current maritime disputes, this book shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. The book analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments"-- Provided by publisher

"Learn how to implement a restorative justice approach that reduces suspension and expulsion rates, without compromising school safety and classroom order. Author Dr. Zachary Scott Robbins, who has turned around schools in Boston, Massachusetts and Las Vegas, Nevada explores the assumptions that underpin school policies that lead to high rates of suspensions and expulsions, especially for African-American students. He shares his experiences using Restorative Justice Tribunals and Restorative Justice Circles, which strike an effective balance between serving consequences students who misbehave and providing them with therapeutic wraparound supports. This powerful book will help school leaders avoid discriminating based on race, national origin, or disability; will improve school climate; and will help teachers spend less time on discipline, so they can have more time for instruction and preparing students to graduate"-- Provided by publisher

"This book offers an innovative reading of two key texts in Western culture, Homer's The Iliad and The Odyssey, that have been curiously overlooked in the law and literature canon. The book introduces the Homeric epics as an essential link in a chain of stories about the establishment of the law, and delineates the transition from myth to tragedy as one closely linked to the emergence of an instutionalized legal system." -- back cover

"A smart, funny memoir exploring the evolution of a man and his relationship with his daughters as they grow up in the grips of the equestrian life. Nineteen years ago, Chad Oldfather found himself the father of a two-year-old girl who, out of nowhere, became obsessed with horses. Plenty of dads just "write the checks" and steer well clear of the barn; Oldfather instead embraced his daughter's interest, spending hours sitting ringside and many more in the car, commuting to lessons and competitions. Soon enmeshed in the sport with his younger daughters similarly afflicted with cases of "horse-crazy," Oldfather found himself learning not just about the animals that so inexplicably drew them, but also about people and parenting, and to his surprise, how to better do his job as a law-school professor. As he shared experiences with individuals from all walks of life, from custodians to billionaires, and befriended those just learning to ride as well as Olympic medalists, Oldfather discovered many things about the horse world that he loved...and many that he hated. Filled with the joys, heartbreaks, and life lessons that come from training, competition, and time in the company of horses, this is mostly a book about family, and the strong bonds that can form when parent and child join hands and pursue a passion together"-- Provided by publisher