Recent Acquisitions at the Marquette Law Library

Contests a number of widely accepted claims about blame and forgiveness that are insufficiently examined in the philosophical literature, and their relationship to each other. These claims are: (i) Anger is the most fitting and appropriate kind of blame for those who are guilty of wrongdoing.(ii) Culpable wrongdoers should be blamed for what they have done.(iii) Forgiving consists of forswearing blame and blame feelings, especially angry ones.(iv) Forgiving is a kind and compassionate act for which a wrongdoer should be grateful. Against (i), the book argues that there are a number of reasons why we should be skeptical about the singular importance given to anger in this connection; against (ii), that blame is just one possible response to wrongdoing and, like other responses, has to be evaluated in relation to its purposes and the availability of alternatives; against (iii), that the continuation of blame after forgiveness is neither conceptually nor morally ruled out; and against (iv), that the image of forgiveness as benevolent and gift-like belies its dark side. By contesting these claims and their relationship with each other, the book reveals some of the moral and psychological complexities of these phenomena

"This transformative collection advances innovative scholarly approaches to Black intellectual history by foregrounding the experiences and ideas of people who lacked access to more privileged mechanisms of public discourse and power"-- Provided by publisher

"Introducing key ideas of narrative inquiry, this is the first book to explore in depth the theoretical underpinnings of the methodology. The authors open up ways of thinking about people's experiences and their lives, which are situated and shaped by cultural, social, familial, institutional, and linguistic narratives. The authors draw on a range of theorists, creative nonfiction writers, poets, and essayists. The book is arranged into five parts covering a range of topics including: embodiment, memory, knowledge, wonder, imagination, community, responsibility, and place. Each section ends with a methodological discussion of their work involving refugee families with young children from Syria"-- Provided by publisher

"This is a much-needed work in the financial literature, and it is the first book ever to analyse the use of Special Purpose Acquisition Companies (SPACs) from a theoretical and practical perspective. By the end of 2020, more than 240 SPACs listed in the U.S. (on NASDAQ or the NYSE), raising a record $83 billion. The SPAC craze has been shaking the U.S. for months, mainly because of its simplicity: a bunch of investors decides to buy shares at a fixed price in a company that initially has no assets. In this way, a SPAC, also known as a "blank check company", is created as an empty shell with lots of money to spend on a corporate shopping spree. Could the trend be here to stay? Are SPACs the new legitimate path to traditional IPO? This book tackles those questions and more. The author provides a thorough analysis of SPACs including their legal framework and how they are used as a risk mitigation tool to structure transactions. The main objectives of the book are focused on finding a working definition for SPACs and theorising on their origins, definition, and evolution; identifying the objectives of financial regulation within the context of the recent financial crisis (2007-2010) and the one that is currently unfolding (Covid-19); and also describing practical examples of SPACs through a comparative study that, for the first time, outlines every major capital market on which SPACs are listed, in order to identify a possible international standard of regulation. The book is relevant to academics as well as policymakers, international financial regulators, corporate finance lawyers as well as to the financial industry tout court"-- Provided by publisher

"Ronald W. Schatz tells the story of the team of young economists and lawyers recruited to the National War Labor Board to resolve union-management conflicts during the Second World War. The crew (including Clark Kerr, John Dunlop, Jean McKelvey, and Marvin Miller) exerted broad influence on the U.S. economy and society for the next forty years. They handled thousands of grievances and strikes. They founded academic industrial relations programs. When the 1960s student movement erupted, universities appointed them as top administrators charged with quelling the conflicts. In the 1970s, they developed systems that advanced public sector unionization and revolutionized employment conditions in Major League Baseball. Schatz argues that the Labor Board vets, who saw themselves as disinterested technocrats, were in truth utopian reformers aiming to transform the world. Beginning in the 1970s stagflation era, they faced unforeseen opposition, and the cooperative relationships they had fostered withered. Yet their protégé George Shultz used mediation techniques learned from his mentors to assist in the integration of Southern public schools, institute affirmative action in industry, and conduct Cold War negotiations with Mikhail Gorbachev"-- Provided by publisher

"As violence in the United States seems to become increasingly more commonplace, the question of how communities reset after unprecedented violence also grows in significance. After the Bloodbath examines this quandary, producing insights linking rampage shootings and communal responses in the United States. Diamond, who was a leading attorney in the community where the Sandy Hook Elementary School tragedy occurred, focuses on three well-known shootings and a fourth shooting that occurred on the Red Lake Indian Reservation in Minnesota. The book looks to the roots of Indigenous approaches to crime, identifying an institutional weakness in the Anglo judicial model, and explores adapting Indigenous practices that contribute to healing following heinous criminal behavior. Emerging from the history of Indigenous dispute resolution is a spotlight turned on to restorative justice, a subject no author has discussed to date in the context of mass shootings. Diamond ultimately leads the reader to a positive road forward focusing on insightful steps people can take after a rampage shooting to help their wounded communities heal." -- publisher's website

"Advancing Criminology and Criminal Justice Policy is a definitive sourcebook that is comprised of contributions from some of the most recognized experts in criminology and criminal justice policy. The book is essential reading for students taking upper level courses and seminars on crime, public policy and crime prevention, as well as for policy makers within the criminal justice sphere. There has been a growing recognition of the importance of evidence-based criminal justice policies from criminologists, policymakers, and practitioners. Yet, despite governmental and professional association efforts to promote the role of criminological research in criminal justice policy, political ideologies, fear, and the media heavily influence criminal justice policies and practices. Bridging the gap between research and policy, this book provides the best-available research evidence, identifies strategies for informing policy and offers direct policy recommendations for a number of pressing contemporary issues in criminal justice, including: Delinquency, intervention programs and community crime prevention; problem-oriented policing and the science of hot-spot policing; sentencing and drug courts; community corrections, incarceration and rehabilitation; [and] mental illness, gender, aging and indigenous communities."--Publisher's description

"This volume illuminates the unique challenges faced by deaf people when they are arrested, incarcerated, or navigating the court system"-- Provided by publisher

"This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women's incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally." -- back cover

"This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege." -- back cover

"Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice." -- back cover

Of the many obstacles to racial justice in America, none has received more recent attention than the one that lurks in our subconscious. As social movements and policing scandals have shown how far from being "postracial" we are, the concept of implicit bias has taken center stage in national conversation about race. Millions of Americans have taken online tests purporting to show the deep, invisible roots of their prejudice. When a recent Oxford study claimed to have found a drug that reduced implicit bias, it was only the starkest example of a pervasive trend. But what do we risk when we seek the simplicity of a technological diagnosis-and solution-for racism? What do we miss when we locate racism in our biology and our brains rather than in our history and our social practices? In Race on the Brain, Jonathan Kahn argues that implicit bias has grown into a master narrative of race relations-one with profound if unintended negative consequences for law, science, and society. He emphasizes its limitations, arguing that while useful as a tool to understand particular types of behavior, it is only one among the various tools available to policymakers. An uncritical embrace of implicit bias, to the exclusion of power relations and structural racism, undermines civic responsibility for addressing the problem by turning it over to experts. Technological interventions, including many tests for implicit bias, are premised on a color-blind ideal and run the risk of erasing history, denying present reality, and obscuring accountability

"American criminal justice is a dysfunctional mess. The so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color -- not only on black or white, but also on green. The problem is that nearly everyone involved in criminal justice faces bad incentives. "Injustice for All" systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all."-- Provided by publisher

""Let Us Vote" tells the story of the multifaceted endeavor to achieve youth voting rights in the United States. Over a thirty-year period from World War II to the early 1970s, Americans, old and young, Democrat and Republican, in politics and culture built a movement and momentum for the 26th Amendment to the US Constitution. This amendment gave the right to vote to 18, 19, and 20-year olds in 1971, and it was the last time that the United States significantly expanded voting rights. The 26th Amendment means a major expansion of American democracy came right end of "the sixties." Progress toward achieving youth suffrage built on the decade's many developments, most importantly the movement and legislation for African-American civil and voting rights. This story illuminates the process of achieving political change, with the convergence of "top-down" initiative and "bottom-up" mobilization, coalition-building, multiple arguments, and strategic flexibility leading to success. Supporters came from a broad, bipartisan group of Americans and achieved a constitutional amendment that benefited every constituency in the nation. With the 50th anniversary of this important constitutional amendment this year [2021], and as calls for lowering the voting age to sixteen multiply today within the context of climate crisis, gun violence, and police brutality-all of which affect young people disproportionately-the 26th Amendment deserves our attention, application, and appreciation"-- Provided by publisher

"The Woman Suffrage Movement in the United States presents important moments and participants in the history of the American suffrage movement, ranging from the mid-nineteenth century through the passage of the Nineteenth Amendment in 1920. The book highlights the many participants in the suffrage movement, including well-known leaders, lesser-known activists, major national organizations, and local efforts across the country. An array of perspectives is examined: the garment factory worker working for protective labor laws, the wealthy wife hoping to control her inheritance, the Black activist seeking voting power for her community, and the temperance worker wanting to vote for prohibition laws. The volume examines the crucial activism of Black suffragists and other women of color, as well as the fraught nature of the cross-racial coalition in the movement. The broad and accessible approach to this important period in history will enable students to consider questions such as: How could suffragists overcome their differences and build community? Were wealthy women who funded salaries, headquarters, and parades afforded more power? What tactics and strategies did suffragists utilize to lobby legislators and win over the public? How did suffragists and anti-suffragists wield racism as a political tactic both in support of and against the Nineteenth Amendment? How and when did women of color finally achieve the right to vote? Students will also be able to consider lessons from the suffrage movement for an inclusive feminist movement today. This book will be of interest to students and scholars in U.S. women's history, the history of the Gilded Age and the Progressive Era, and those interested in the histories of social movements"-- Provided by publisher

"This book illuminates methodology in legal research by bringing together interdisciplinary scholars, who employ a diverse set of methodologies, to address a specific shared research challenge: 'the body'. The contributors were given a challenge: if you were asked to contribute to an edited book on 'the body', where would you start and then where would you go? The result is a self-reflective discussion of how and where researchers engage with methodological practices. The contributors draw on their own interdisciplinary research experiences to explore how 'the body' might be addressed in their work, and the resources they would deploy in order to carry out the task. This 'book within a book' is innovative in both content and format. It provides a rare insight into how top interdisciplinary legal scholars go about making decisions about their research. The shared device of 'the body' allows the volume to trace a number of rich approaches into the process of research as practiced by these diverse scholars. In presenting thinking and research in action, the volume offers a new, self-reflective view on the much-addressed theme of the body, as well as taking a fresh approach to the historically vexed problem of research methodology in legal studies." -- back cover

"The abrupt move to online legal education in the spring of 2020 accelerated the move to online legal education that has been slowing gathering steam in recent years. As more institutions consider the potential to expand their reach with online courses and programs, law professors must move past 'pandemic teaching' and seriously consider how they can create and deliver quality legal education online. This book explores techniques, tools, and strategies that can assist all types of law professors in that endeavor. The 34 chapters, authored by law professors from across the country, provide a comprehensive look at expanding legal education beyond the traditional classroom experience. Divided into four sections, the book starts by offering tips for getting started and fostering inclusion in online courses. It then moves to suggestions for course design of blended, synchronous, and asynchronous courses, including a chapter on measuring success through empirical research. Finally, it concludes with two sections on course-specific topics covering the range of legal education-from large first-year courses to seminars to skills-based courses and bar preparation"-- Provided by the publisher

"This book comprises the collected, revised and expanded papers on the impact of the digital age (as captured by the term LegalTech) on lawyering presented at a conference held in Amsterdam in October 2019. It should be noted that the editors are listed alphabetically and that all of us equally contributed to this book project. The topics selected seek to balance the rise of LegalTech between the perspectives of it being highly disruptive and diminishing of the legal profession with the view of LegalTech as enhancing the tasks of lawyers. As it has long been the case, the effectiveness of legal practice, in terms of cost efficiency and competency continue to be influenced by technology. This has already proven to be true and currently we are witnessing the acceleration of legal technology. What the future holds for the practice of law can only be speculated upon. But, that speculation is worth theorizing about in order to plan for that future. This planning is needed in areas of legal education, investment in technological infrastructure, determining law firm staffing needs-both legal and non-legal- and envisioning the mix of services that the lawyer of the future will provide. This book begins the process by providing a review of the core issues that lawyers and law firms will be forced to face"-- Provided by publisher

"I choose to begin the historical survey in the 17th century. While one can perhaps find earlier versions of the legislative perspective, the goal of the historical survey is not to provide a complete genealogy of the idea but rather to map a transition from one way of thinking to another. This chapter describes the use of the legislative perspective in a school of thought interested in natural law and natural rights with an empiricist aspect. They argued for the existence of transcultural, transhistorical moral principles but also believed that in order to identify those principles one needed to know something about the likely consequences of people trying to act on a rule"-- Provided by publisher

"This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination. The book considers the implications of the phenomenon, showing that while some international legal fictions are problematic, others can assist the application of international law through maintaining a coherent, stable and peaceful international legal order. The author identifies and critically analyses a host of international legal fictions and explores, in detail, the factors that determine their effectiveness. Chapters answer key questions such as: what is a legal fiction?, How do they exist in international law?, Should international law use legal fictions? and many more. Shedding light on a subject that is of contemporary relevance and importance, Legal Fictions in International Law will be an informative read for academics, researchers and students in international law, legal theory and public policy"-- Provided by publisher

"The pursuit of happiness is embedded in our country's founding document and, with it, into our genetic code. We pursue that which we do not have, and we seek to be that which we are not. Like many, I sought happiness in legal education, titles, power, money, and fame, all the while increasing my intake of antidepressants. The toll on our mental health is an accepted characteristic of law school life coupled with a sense of pride in the belief that law school must be an overwhelming ordeal to prepare us adequately for the legal profession. But it does not have to be this way. Happiness is not an elusive dream of a distant future depending on the sacrifices we make today. We are endowed with the ability to be happy right here and now, and for that, we depend on nothing and no one. This book serves as an anchor for law students and lawyers. It dismantles specific thought patterns that education fosters so that we can find happiness in and beyond the law, not tomorrow, but today"-- Provided by publisher

"This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers." -- publisher's website

"Law is to society as gravity is to the solar system, it is the invisible force that holds it together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adams Smith's invisible hand, guiding and facilitating the progress of humankind"-- Provided by publisher

"This innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests. Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers"-- Provided by publisher

"Compliance, or the behavioral response to legal rules, has become an important topic for academics and practitioners. A large body of work exists that describes different influences on business compliance, but a fundamental challenge remains: how to measure compliance or noncompliance behavior itself? Without proper measurement, it's impossible to evaluate existing management and regulatory enforcement practices. Measuring Compliance provides the first comprehensive overview of different approaches that are or could be used to measure compliance by business organizations. The book addresses the strengths and weaknesses of various methods and offers both academics and practitioners guidance on which measures are best for different purposes. In addition to understanding the importance of measuring compliance and its potential negative effects in a variety of contexts, readers will learn how to collect data to answer different questions in the compliance domain, and how to offer suggestions for improving compliance measurement." -- publisher's website

"The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering." -- publisher's website

"We begin this book with an unspoken "belief" that is likely sub- or unconsciously held; it is most aptly said to be a description of what people often do without realizing or taking responsibility for it-viewing women (and other marginalized groups) through a certain lens. This is typically done in the process of stereotyping them. People may be stereotyped descriptively, whereupon they are seen as being a certain way more readily than others. This occurs with women when, for example, a woman is perceived as being "pushy" and "abrasive" when she is assertive at work, whereas a man who acts similarly is perceived as being "strong" or "tough." Women may also be stereotyped prescriptively, whereupon they are expected or anticipated to be a certain way that others are not. This occurs, for example, when a performance review suggests that a female employee is "not that nurturing," in some capacity, but does not even evaluate a similarly-situated man for the same characteristic"-- Provided by publisher

"This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries. Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. ... The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law."--Back cover

"Online surveillance of our behavior by private companies is on the increase, particularly through the Internet of Things and the increasing use of algorithmic decision-making. This troubling trend undermines privacy and increasingly threatens our ability to control how information about us is shared and used. Written by a computer scientist and a legal scholar, The Privacy Fix proposes a set of evidence-based, practical solutions that will help solve this problem. Requiring no technical or legal expertise, the book explains complicated concepts in clear, straightforward language. Bridging the gap between computer scientists, economists, lawyers, and public policy makers, this book provides theoretically and practically sound public policy guidance about how to preserve privacy in the onslaught of surveillance. It emphasizes the need to make tradeoffs among the complex concerns that arise, and it outlines a practical norm-creation process to do so"--Back cover

"Chapter Nine of South Africa's Constitution is titled, "State Institutions Protecting Constitutional Democracy." Its list of institutions that "strengthen constitutional democracy" includes the Public Prosecutor, the Human Rights Commission, the Auditor-General, and the Electoral Commission. Seen in the context of the Constitution's written text, these institutions form a branch on a par with Parliament and the President. Textual placement may not be important in itself. The authors of the South African Constitution were on to something important, though. They saw that the traditional Montesqueian enumeration of three and only three branches of government no longer identified the complete set of desiderata for institutional design. Dissatisfaction with the Montesquiean enumeration was apparent as well in Roberto Mangabeira Unger's False Necessity, published in 1987. That enumeration, Unger wrote, was "dangerous" because it "generates a stifling and perverse institutional logic...." The solution for Unger lay in multiplying the number of branches. He offered several examples: a branch "especially charged with enlarging access to the means of communication, information, and expertise," and a branch - labeled the "destabilization branch" - designed "to give every transformative practice a chance.""-- Provided by publisher

"This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides?" -- publisher's website

"This book examines the role of law and policy in addressing the public health crisis of COVID-19 and offers reforms that could improve pandemic preparedness for future outbreaks. Focusing on a number of countries most expected to provide agility and organization in their crisis response -- the United States, Canada, Australia, the United Kingdom and Taiwan -- the book shows how failures in leadership from governments, executives, and institutions created a vacuum that was quickly filled by naysayers, conspiracy theorists, vaccine hucksters, and fake news generators. Through the key themes of healthcare, leadership, security, and education, the chapters address critical questions: Why have masks become such a polarizing force? How do you self-isolate if you don't have a home? How should equitable triage models for overwhelmed frontline healthcare workers be developed? Can we utilize artificial intelligence to educate the public about manipulated information they access concerning the pandemic? The book was written during the pandemic and weaves in to each chapter vignettes with personal revelations from a broad range of countries, including some also grappling with poverty, war, natural disasters, or revolution." -- front matter

"For the average person, genetic testing has two very different faces. The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers a number of key questions: How should we mediate privacy and other ethical concerns around genetic databases? Does aggregating data from genetic testing turn people into products by commercializing their data? How might this data reduce or exacerbate existing healthcare disparities? Contributing authors also provide guidance on protecting consumer privacy and safety while promoting innovation"-- Provided by the publisher

"For the first time in the history of civilization, humans have procured the power to rewrite nature's book of life. Following the discovery of CRISPR and other key scientific developments at the dawn of the twenty-first century, humankind has-for better or worse-reached the Rubicon of precise genetic manipulation, which existed only in science fiction until now. Those familiar with genome editing understand its colossal power and potential to become a global transformative agent that surpasses the impact of electricity, the atomic bomb, or the Internet. REWRITING NATURE is an interdisciplinary odyssey through the law, science, and policy of genome editing-the most significant breakthrough of our generation. The volume addresses a critical need to bridge gaps between law, science, and policy, and challenges the conventional, false dichotomy frequently associated with mutually exclusive normative roles for science and law. Through exploration of heuristic inquiries into an array of interdisciplinary fields, the book seeks to ignite thoughtful dialogues about authentic-rather than manufactured or sensationalized-issues raised by the technology. This timely resource is intended for keen audiences focused on venturing beyond the headlines and talking points to develop a deeper understanding of the prospects and challenges of genome editing"-- Provided by publisher

"This book, written by an expert in the field, covers some of the following issues, namely high-profile WADA cases such as that of Maria Sharapova, the Bosman ruling, decisions by the Court of Arbitration for Sport (CAS), and footballers' employment contracts and transfers for enormous amounts. These issues have led to sport no longer being confined to the back pages of traditional media such as newspapers, but increasingly finding its way onto the front pages and into new media. Since ancient times sport has been practised but today it is a multi-billion dollar 'industry', and Sports Law as a discipline in its own right is developing apace and is increasingly being studied and practiced at all levels of interest and competency. Thereby creating a need amongst students, lawyers, accountants, sports marketers, promoters, agents, sports broadcasters, sports administrators and managers for some basic and general knowledge of the legal aspects of sport. This introductory guide to international sports law will serve to satisfy the needs currently not being met in present-day sports law literature, and should also be of interest to researchers and the general reader. Although the topics covered are necessarily selective, sports law being such a vast subject, they are representative of the main legal issues facing the world of sport today. Throughout the book, the reader is referred to articles, publications and other materials that provide further information on the various subjects treated in the text, thus enhancing its value and usefulness. The Law is stated as at 1 January 2017, according to the sources available at that date"--Back cover

This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration. Identifying complexities around gender, gender binaries, and the ways in which intersecting identities complicate resolutions, the author demonstrate how athletes' rights are threatened by a forced arbitration process

"This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions. Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions’ regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon." -- publisher's website

"This book argues for a mixed view of punishment that balances consequentialism and retributivism. He has published extensively on philosophy and applied ethics. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book defends a mixed view that recognizes the strength of both of these intuitions. By this account, the legislature should develop institutional policies and statutory penalties that maintain the social order, that is, consequentialism. It establishes punishment policies to deter criminal activity. By contrast, the criminal judiciary should give individual defendants what they deserve, that is, retributivism and thus expressing the community's appropriate sense of resentment at being wronged. The book justifies the two-tiered model by showing how it accords with our moral intuitions, our assumptions about how what we know affects our moral obligations, and a commonly held theory of freedom. This approach is developed by engaging classic and contemporary work in the philosophy of law, and shows its advantages over competing approaches from contemporary retributivists and other mixed theorists. The work also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. It draws on cutting-edge criminological research to show how punishment theory can help us to address some of our most pressing social issues, including the death penalty, drug laws, and mass incarceration. The book will also be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists"-- Provided by publisher

""YOU ARE HEREBY COMMANDED to be and appear before the Committee on Un-American Activities of the House of Representatives of the United States, or a duly appointed subcommittee thereof, on February 10 (Monday), 1958, at ten o'clock a.m. at City Council Chambers, City Hall, Gary, Indiana, then and there to testify touching matters of inquiry committed to said committee, and not to depart without leave of said committee." So began a decade of hardship for Ed and Jean Yellin and their three young children as the repressive weight of the U.S. government, caught up in the throes of McCarthyism, crashed down upon their careers, their daily household budget, and their relationships to colleagues, neighbors, and their country. In Contempt is a faithful, factual testament to the enduring quality of patriotic dissent in our evolving democracy--and a loving reconstruction of what it meant to be labeled "unAmerican" for defending the Constitution." -- back cover

"Decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her White male colleagues. After years of demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost." Provided by publisher

For two decades, the water in the taps and wells of Mingo County didn't look, smell, or taste right. Could it be the root of the health problems--from kidney stones to cancer--in this Appalachian community? Environmental lawyer Kevin Thompson certainly thought so. For seven years, he waged an epic legal battle against Massey Energy, West Virginia's most powerful coal company, helmed by CEO Don Blankenship. While Massey's lawyers worked out of a gray glass office tower in Charleston known as "the Death Star," Thompson set up shop in a ramshackle hotel in the fading coal town of Williamson. Working with fellow lawyers and a crew of young activists, Thompson would eventually uncover the ruthless shortcuts that put the community's drinking water at risk. A respected preacher and his brother, retired coal miners, and women whose families had lived in the area's coal camps for generations, all put their trust in Thompson when they had nowhere else to turn. As he dug deeper into the mystery of the water along a stretch of road where the violence from the legendary Hatfield-McCoy feud still echoes, he was pulled into the darkest corners of Mingo County, risking his finances, his marriage, his career, and even his safety

"Plain English for Lawyers has been a favorite of law students, legal writing teachers, lawyers, and judges for almost 40 years. The sixth edition, now co-authored by Amy Sloan, updates this classic text, including new chapter exercises, while preserving all the approaches that make it such a standard in the field. It remains (in size only!) a little book, small enough and palatable enough not to intimidate over-loaded law students." -- Publisher's website

"The goal of this book is to give you the tools to organize and plan for the future in a way that is uniquely yours" -- Provided by publisher

"With the growing volume and sophistication of cyberattacks, it is important to ensure you are protected. The new third edition published by the ABA Cybersecurity Legal Task Force addresses the current overarching threat, describes how the technology works, outlines key legal requirements and ethical issues, and highlights special considerations for lawyers and practitioners of all types. ... This third edition ... updates and expands upon the issues raised in the first two editions. The cybersecurity landscape has undergone seismic changes since the publication of the second edition in 2017. The COVID-19 pandemic has brought new levels of technology integration to the practice of law, accompanied by new and expanded cybersecurity risks. Beyond the legal profession, the SolarWinds, Kaseya, and Colonial Pipeline breaches have set new and alarming precedents. Heightened cybersecurity risk worldwide has prompted increased responses from the US federal government and from the international community." -- Publisher's website

"What do young people of color aspiring to careers in the law need to know about life at big law firms? What do law schools need to do to prepare them? What do the firms themselves need to do to attract, retain, and promote them? In Raising the Bar, four partners of color from leading law firms engage in a no-holds-barred conversation about what it takes to make it in big law, using their own journeys to the top to discuss how law firms can do a better job of attracting and holding on to a more diverse set of young attorneys. They offer advice to the attorneys themselves on how to succeed in a culture that has long excluded them, including finding mentors among those who don't look like them, building a portable toolkit of skills, establishing key connections outside the firm, and staying "true to you," even as young associates of color navigate the foreign terrain of insular firm culture. With additional concrete advice from diversity professionals at several top law firms, Raising the Bar clears the path to making our legal representation more representative, a crucial goal considering the unparalleled influence lawyers wield in the world today." -- book jacket

"The fascinating biography of Eunice Hunton Carter, a social-justice and civil rights trailblazer and the only woman prosecutor on the Luciano trial. Eunice Hunton Carter rose to public prominence in 1936 as both the only woman and the only person of color on Thomas Dewey's famous gangbuster team that prosecuted mobster Lucky Luciano. But her life before and after the trial remains relatively unknown. In this definitive biography on this trailblazing social justice activist, authors Marilyn S. Greenwald and Yun Li tell the story of this unknown but critical pioneer in the struggle for racial and gender equality in the 20th century. Working harder than most men because of her race and gender, Greenwald and Li reflect on Carter's lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, and community organizer, and later as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organizations. Greenwald and Li show that Carter worked harder than most men because of her race and gender. They reflect on her lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, and community organizer, and later as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organizations. Carter was both a witness and participant in many pivotal events of the early and mid 20th century, including the Harlem riot of 1935 and the social scene during the Harlem Renaissance. Using transcripts, letters, and other primary and secondary sources from several archives in the United States and Canada, the authors paint a colorful portrait of how Eunice continued the legacy of the Carter family that valued education, perseverance, and hard work: a grandfather who was a slave that bought his freedom and became a successful businessman in a small colony of former slaves in Ontario, Canada; a father who nearly single-handedly integrated the nation's YMCAs in the Jim Crow South; and a mother who provided aid to black soldiers in France during World War I, and who became a leader in several global and domestic racial equality causes. Carter's inspirational multi-decade career working in an environment of bias, segregation and patriarchy in Depression-era America helped pave the way for those who came after her"-- Provided by publisher

"Dr. Charles Hamilton Houston was an outstanding Harvard-trained Supreme Court lawyer for the NAACP. As Dean of Howard University Law School, he mentored future Supreme Court Justice Thurgood Marshall. As architect of the Brown v. Board of Education case, he is often called the man who killed "Jim Crow." This unsung African-American hero also transformed American law in labor, criminal justice, and the First Amendment"-- Provided by publisher

"Government's use of largess to secure consent to conditions all too often serves as an illicit pathway of power. This mode of control is part of the contemporary reality of American governance, and it therefore needs to be recognized alongside more familiar sorts of power, such as rule through law and administrative power"-- Provided by publisher

"How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it"--Publisher's description

"Everyone is talking about fintech, and they're usually saying good things. Driverless Finance provides a balance to that conversation, exploring the threats that different fintech innovations pose for our financial system. With in-depth and accessible descriptions of new financial technologies and business models-ranging from distributed ledgers to machine learning, cryptoassets to robo-investing-this book allows readers to think more critically about fintech, and about how the law should respond to it. This book highlights the increased speed, complexity, and coordination inherent in new fintech innovations, and illustrates how these features could come together in a massive financial system failure. It makes the case for a precautionary approach to regulating fintech, erring on the side of caution to avoid a financial crisis that could have irreversible and catastrophic effects for our society. Because neither longstanding regulatory approaches nor experimental new approaches like regulatory sandboxes were designed to address fintech's systemic risks, this book makes several bold new proposals for regulation designed to make fintech-inspired financial crises less likely. These proposals include new forms of disclosure and supervision, new forms of technological tools (known as suptech), and a new licensing regime for financial technologies. This book finishes by situating its discussion of fintech and financial stability in the context of important debates about innovation, expertise, cybersecurity, privacy, competition, and other pressing issues"-- Provided by publisher

"The conference that prompted the publication of this volume was motivated by a simple idea, that the core function of entrepreneurs is to challenge incumbency. The novelty inherent in entrepreneurial action implies uncertainty, and hence experimentation, learning, and selection. We invited conference participants to explore issues such as: the incentive effect of legal rules on startup activity; the role of private ordering in facilitating or impeding entrepreneurial action; the influence of legal rules and practices on the creation of entrepreneurial opportunities; the role of law in promoting or foreclosing market entry; or the effect of entrepreneurial action on legal doctrine. This volume is the result of that invitation"-- Provided by publisher

"The second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act. American Business Bankruptcy explores specialized proceedings like brokerage liquidations, pre-packaged chapter 11 cases, and 363 sales. Professor Lubben also reviews the transnational aspects of modern American bankruptcy practice, and explains chapter 15 of the Bankruptcy Code, which allows for foreign insolvency proceedings to be 'recognized' in U.S. courts. U.S law students and junior attorneys, international insolvency professionals, and non-legal professionals, including bankers and accountants, will appreciate this practical synthesis, which includes citations and guidance for further research." -- publisher's website

"With behind-the-scenes anecdotes from the halls of power, real-world case studies, and tips from successful industry players, this book equips readers with the tools they need to navigate the complex world of music copyright, showing how creator, technology, and communities can work together to support a healthier music ecosystem"-- Provided by publisher

"This book confronts the hotly-debated prospect of mounting job losses from automation, and the divergent hopes and fears that prospect evokes, and proposes a strategy for mitigating the losses and spreading the gains from shrinking demand for human labor. Leading economists have concluded that automation is already exacerbating inequality by destroying more decent middle-skill jobs than it is creating. As ongoing innovations in artificial intelligence, machine learning, and robotics continue to chip away at the comparative advantages of human labor in a range of work tasks, those innovations are likely to yield growing job losses in the foreseeable future. Faced with this prospect, the book argues that we should set our collective sights on ensuring broad access to adequate incomes, more free time, and decent remunerative work even in a world with less of it. That will require not a single "magic bullet" solution like universal basic income or a federal job guarantee, but rather a multifaceted strategy centered on conserving, creating, and spreading work. The book elaborates that strategy in the U.S. context, but much of it is broadly relevant to other advanced economies. And while the proposed strategy is designed to address a foreseeable future of job scarcity, it will also help to rebalance lives already plagued by either too much work or not enough and to counter both economic inequality and racial stratification. The proposed strategy makes sense here and now, and especially as we face up to a future of less work"-- Provided by publisher

"This volume provides readers with a straightforward presentation of the major laws and regulations concerning employment discrimination. It is useful for readers at all levels. The text contains a wealth of supplemental material, such as laws, courts [sic] cases, and compliance manuals to meet the needs of every reader. It also includes boxed inserts from legal and social science sources that demonstrate how organizations can comply with employment discrimination law and create inclusive workplaces. As the legal landscape for employment discrimination law is in constant flux, this up-to-date review provides an essential resource for staying current with ever evolving law and policy." -- back cover

"This book is intended as both an instructional medium and a resource tool. Health insurance subrogation is a moving target. The law changes constantly and with 52 bodies of law (all 50 states, the District of Columbia, and federal law) to keep current with, being at the top of your subrogation game is a monumental task, even for experienced attorneys. This book can be used in a continuing subrogation education capacity or as a resource tool for professionals and attorneys writing briefs or arguing their positions relative to an employee welfare benefit Plan's rights of recovery in various situations." -- How to Use this Book.

"An in-depth discussion of the politics and policy of the Affordable Care Act, its successes/failures in achieving its goals, and possible future scenarios"-- Provided by publisher

"With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, Mary Ziegler shows, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day"--Provided by the publisher

"Most environmental statutes passed since 1970 have endorsed a pragmatic or 'precautionary' principle under which the existence of a significant risk is enough to trigger regulation. At the same time, targets of such regulation have often argued on grounds of inefficiency that the associated costs outweigh any potential benefits. In this work, Jason Johnston unpacks and critiques the legal, economic, and scientific basis for precautionary climate policies pursued in the United States and, in doing so, sheds light on why the global warming policy debate has become increasingly bitter and disconnected from both climate science and economics. Johnston analyzes international climate science assessment organizations, the US electric power industry, and land management and renewable energy policies. Bridging between sound economics and climate science and climate law and policy, this book shows how the United States can efficiently adapt to a changing climate while radically reducing greenhouse gas emissions"-- Provided by publisher

"Combining examples of the interplay of the benefits and costs of decriminalization implementation with an honest discussion of the possible negative aspects of recreational legalization and whom it most harms, this book offers policy makers information for future policy designs with a goal to decrease negative externalities and social inequity"-- Provided by publisher

"A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX"-- Provided by publisher

Historic preservation, according to the Congressional Research Service, "is the practice of protecting and preserving sites, structures, objects, landscapes, and other cultural resources of historical significance." Although state and local government programs, along with privately financed undertakings, support and bolster historic preservation, it is mainly the federal government's role through enacting legislation, appropriating funds, and administering programs through various federal agencies that contributes to historic preservation policy. Although this historic preservation policy was not officially implemented until the early 1900s, several early efforts came about in the latter 1800s. One of the first efforts by the U.S. Congress was legislation to protect "ancient Puebloan sites in the American Southwest" and then came the acquisition of "thousands of acres of private land to establish five Civil War national battlefield parks" which the then Department of War would oversee. However, in the 1850s, there was a movement to protect Mount Vernon, George Washington's home; when the federal government refused to buy the property, the Mount Vernon Ladies' Association raised the money to buy the property and protect it, thus preserving it for historical purposes. This legal research guide undertakes to highlight early federal historic preservation legislation, including the Antiquities Act of 1906 and the Historic Sites Act of 1935, along with the 1916 establishment of the National Park Service (under the Department of the Interior) for the management of public services and national monuments, as well as the creation of the National Trust for Historic Preservation in 1949 to help encourage the public to preserve building, sites and object of national importance.--Publisher

"The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the 'living constitutionalism' of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as 'a reasoned ordering to the common good.' In this view, law's purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of 'common good constitutionalism.'"-- Back cover

"The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse"-- Provided by publisher

"A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them"--Provided by publisher

"This book critically explores how police power manifested beyond criminal law into the field of public health during the pandemic. Whilst people were engaged with anti-police violence protests, particularly in the US, they were being policed openly and notoriously by the government and medical science in the public health arena. The book explores how public health policing might be an abuse of constitutional power and encourages the abolition question to be applied consistently to the state’s discourse in the area of public health, as black people the world over continue to bear a disproportionate cost burden for public health policies. The chapters explore contemporary policing in terms of the historical context of slavery, the growth of the police and prison abolition movement and how this should be applied more widely, and how police power operates throughout society beyond the criminal justice system, in finance, technology, housing, education, and in medicine and health science. It seeks to re-examine our relationship to health sovereignty and the police power more fundamentally. It provides insights into the convergence of policing and social control of humans and argues that the most normative response is abolition." -- Amazon.com

"Human rights is an empowering framework for understanding and addressing justice issues at local, domestic, and international levels. This book combines U.S.-based case studies with examples from other regions of the world to explore important human rights themes - the equality, universality, and interdependence of human rights, the idea of international crimes, strategies of human rights change, and justice & reconciliation in the aftermath of human rights violations. From Flint and Minneapolis to Xinjiang and Mt. Sinjar, this book challenges readers to consider how human rights apply to their own lives and equips them to be changemakers in their own communities"-- Provided by publisher

"The politicization of trans identity-also affecting gender non-binary and gender non-conforming persons-is a form of backlash to the Obergefell ruling (legalizing same sex marriage) and increased LGBTQ equality. This book provides a conceptual analysis and application of the notions of backlash, scapegoating, dog-whistling, and virtue signaling"-- Provided by publisher

"The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males." -- publisher's website

"The American founders did not create their experiment in religious freedom out of nothing. The principles of religious freedom outlined in the First Amendment were a part and product of nearly two centuries of colonial experience, and nearly two millennia of European history and thought. A host of historical examples of religious freedom were readily at hand as the United States Constitution and Bill of Rights were being drafted. Foremost among the sources was the Christian Bible, which was by far the most widely used and commonly cited text in the American founding era. American politicians, preachers, and pamphleteers alike quoted the Bible's many bracing aphorisms on freedom: "For freedom, Christ has set us free." "You were called to freedom." "Where the Spirit of the Lord is, there is freedom." "You will know the truth, and the truth will make you free." "You will be free indeed." You have been given "the glorious liberty of the children of God." Equally important were the Bible's calls to believers to "render to Caesar the things that are Caesar's and to God the things that are God's," and to remain "separate" from worldly temptations. Christians are, at heart, "strangers and foreigners on the earth"; their true "citizenship is in heaven." St. Paul even used the phrase "wall of separation" (paries maceriae), albeit very differently from the way it came to be used in law and politics. Such biblical passages inspired hundreds of impassioned sermons in defense of religious liberty. Indeed, political sermons, issued both in churches and in statehouses, constituted around 80 percent of all the American political literature published in the 1770s and 1780s. Beyond the Bible, the American founders also turned for inspiration to the martyred prophets of religious liberty in the West: the early English heroes of the faith-Thomas Becket, John Wycliff, and Thomas More-and the sundry English Levellers, Quaker dissenters, and Catholic missionaries who followed them. They turned for instruction to a host of European theologians and philosophers, from the sixteenth-century Protestant reformers Martin Luther and John Calvin, to early modern Catholic champions of rights Francisco de Vitoria and Bartholomew las Casas, to later European voices of liberty, such as Baron Montesquieu and François Voltaire of France; David Hume and Adam Smith of Scotland; and John Locke and William Blackstone of England. They also turned to many classical legal texts on religious freedoms and rights such as the Edict of Milan (313), the Magna Carta (1215), the Peace of Augsburg (1555), the Peace of Westphalia (1648), and other such documents of the civil law, common law, and canon law traditions. Historical counterexamples also came quickly to mind, however, particularly to those founders who denounced traditional state establishments of religion and defended religious freedom for all peaceable believers. In defending the novelty of the American experiment, the founders often depicted the Western inheritance as a veritable "career of intolerance," in Virginia statesman James Madison's words. "In most of the Gov[ernment]s of the old world," Madison declared, "the legal establishment of a particular religion and without or with very little toleration of others makes a part of the Political and Civil organization. . . . [I]t was taken for granted, that an exclusive & intolerant establishment was essential, and notwithstanding the light thrown on the subject by that experiment, the prevailing opinion in Europe, England not excepted, has been that Religion could not be preserved without the support of Gov[ernmen]t, nor Gov[ernmen]t without the support of Religion.""-- Provided by publisher

"The relationship of civil government to religious enterprise was important to most of the people who participated in the formation of the United States of America and its original thirteen states (and later that of Vermont). How they approached the matter in their states and later at the national level when they created a new constitution is the topic of this book. Indeed, there was a significant difference in how state legislatures approached the matter and how the Constitutional Convention did in 1786." -- publishers website

"This ethnography investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases"-- Provided by publisher

"Islamophobia and the Law brings together leading legal scholars in the United States to explore the emergence and rise of Islamophobia since the 9/11 terror attacks. It is the first book to focus on the use of the law to promulgate Islamophobia through state policies and institutions, and also to authorize private discrimination by constructing Muslims and Islam as perpetually alien and suspicious. The volume addresses Islamophobia in race, immigration and citizenship, and criminal law and national security in the use of courts to advance anti-Muslim projects and in law and society"-- Provided by the publisher

"The goals of the Seventh Edition of the casebook [...] [are] : to shed more light than heat on a disputed subject; to give students and their instructors a fair presentation of the cases and scholarship in the key areas of election law; to bring in political science evidence with which to evaluate legislative and judicial interventions into democratic processes; and to do all of this in clear language." -- Edited from Summary

"This book is intended for foundation leaders, nonprofit and social service professionals, committed nonprofit agency volunteers, members of neighborhood associations, and members of the general public who want to understand how to pass a law"-- Provided by publisher

"With Congress paralyzed, lawmaking falls to executive agencies and courts that interpret existing statutes. Due to the so-called Chevron doctrine, courts generally defer to agencies. Thomas Merrill examines the immense consequences of the doctrine and the intense backlash, offering a new way to conceptualize the authority of agencies and courts"-- Provided by publisher

"This book is intended to provide an overview of some of the most common legal issues that arise in the world of blockchain-based assets. It is intended to help the practitioner understand their client's issues and to provide a starting point for additional research or referral"-- Provided by publisher

"By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. It brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation."--Provided by publisher

"In daily life and in tax law, time is taken for granted as something that is ever present but beyond our control. Time moves endlessly and relentlessly forward, constantly slipping from our grasp. But what if life were more like science fiction? What if we could, at will, move through time to alter its course? Or what if we could harness time by turning it into an exchangeable commodity, truly using time as money? In fact, there is no need to open a novel or watch a movie to experience time travel or to see time used as a medium of exchange. As this book demonstrates through explanation and analysis of examples drawn from the United States and other countries, we need look no further than our tax laws to see time manipulated in these-and many other-ways. But this book does more than just complicate and overturn prevailing views of how time operates in and through tax law. In asserting that time in tax law is the product of pure imagination, this book calls into question the world beyond time that we have created for ourselves. Has the tax imagination been used to work toward a more just world or merely to entrench and exacerbate existing injustices? Finding that the tax imagination is too often used to perpetrate or perpetuate injustice, Tax and Time calls for a systematic reexamination and reworking of the relationship between time and tax law with the aim of using the power of the tax imagination as a tool for moving society toward a better and more just future"-- Provided by the publisher

"This book illustrates how innovators across the country tackled and solved the problem of remote litigation; the advantages and the limitations of online courtroom procedures; the tools, technology, and skills needed for online courtroom presentations; and the current legal rulings on and legislative standing of remote procedures"-- Provided by publisher

"Precedent is an important tool of judicial decision making and reasoning in civil law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stare decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis"-- Provided by publisher

"In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential source for the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticized by journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery. An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a more perfect union." -- publisher's website

"This book explores the legal, ethical, and policy issues arising from self-representation in America's courts and acts as a useful guide for lawyers, judges, and for self-represented litigants themselves who face the complexity of litigation alone"-- Provided by publisher

"This book is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation-cases, statutes, testimony, documents, common sense-into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument"-- Provided by publisher

"This book highlights the variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. Much of the dysfunction originates from crushing dockets and caseloads combined with the lack of time, expertise, and resources for effective decision-making"-- Provided by publisher

"This book ... is intended to provide practitioners with an overview of the law in each of the 50 states, the District of Columbia, and the federal circuits regarding misrepresentations in the context of life, health, and disability applications." -- Foreword

"This book is the first comprehensive examination of a practice that dates back to the colonial era. Tracking its origins to medieval times and the English common law, the book shows how 'private prosecutors' were once a mainstay of early American criminal procedure. Private prosecutors-acting on their own behalf, as next of kin, or though retained counsel-initiated prosecutions, presented evidence in court, and sought the punishment of offenders. Until the rise and professionalization of public prosecutors' offices, private prosecutors played a major role in the criminal justice system, including in capital cases. After conducting a 50-state survey and recounting how some locales still allow private prosecutions by interested parties, the book argues that such prosecutions violate defendants' constitutional rights and should be outlawed"-- Provided by the publisher

"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to-nation interdependency, while federal agents appear to approach these consultations with the assumption that federal law is supreme and ultimately authoritative"-- Provided by publisher

"This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice."

"Peremptory Norms of General International Law (Jus Cogens) : Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens"-- Provided by publisher

"This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book's dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes "fundamental" human rights (Part V), without neglecting other rights (Part VI)"--Back cover

"This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming"-- Provided by publisher

"In this book, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law"-- Provided by publisher

"Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal in the context of the international law of treaties. It examines the political and legal framework around treaty making to explain the evolution of withdrawal over time and its increasing use. Parties to international agreements face not a dilemma but rather a trilemma, with three options in regard to interstate cooperation: compliance, breach, and withdrawal. In the age of global retrenchment, is there still room for international law to regulate the rules of the game, or will unilateral decisions overturn the current architecture of a multilateral global order?"-- Provided by publisher

"This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations." -- publisher's website

"With the dawning of this new decade, came a dramatic warning to humanity of a rapidly escalating global freshwater ecosystem crisis and an urgent call for concerted action to bend the curve of ecosystem degradation. A fair and resilient legal architecture to protect the world's freshwater resources is one of the most pressing cross-cutting challenges of our time. According to the UN, by 2050, at least one in four people is likely to live in a country affected by chronic or recurring shortages of fresh water. The inspiration for this book grew from a decade of observing how, despite collectively having the tools at our disposal to address the global water crisis, water inequity between and within States is not disappearing but growing, with wealthy nations increasing their consumption of water resources including by importing water-intensive goods produced in poorer, often water-scarce, nations. Poor and marginalised communities are increasingly pushed to the brink of survival by the continued destruction of freshwater ecosystems and their life-supporting ecosystem services. These societies are also the most affected by the rising frequency of extreme drought and flooding events. Almost half of the global population lives within the shared transboundary river basins stretching across the political boundaries of 153 countries. Shared transboundary freshwater ecosystems are under increasing stress from the competing demands for water to produce food, energy and other industrial purposes. This book proposes a novel framework for the reorientation of the existing international framework towards a stronger ecosystem approach to the use and protection of shared freshwater resources. In doing so it recognises the fundamental role of healthy ecosystems and ecosystem services to reversing the global water crisis and addresses the growing inequities in access to a safe and sustainable water supply both within and between states"-- Provided by publisher

"This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores a number of legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in US domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into 'active' and 'passive' rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that-unlike existing attempts to place the corporation in international legal theory-does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on 'human problems' and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have 'passive' or procedural rights that cater to problems that can be characterized as 'universal' but that international law should avoid universalizing 'active' or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law, but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally"-- Provided by publisher

"International Justice in the United Nations General Assembly probes the role that the UN's plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly's norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a 'new Cold War' and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice." -- publisher's website

"This book chronicles the genesis of the negotiations that led to the Treaty on the Prohibition of Nuclear Weapons (TPNW), which challenged the established nuclear order. The work provides readers with an authoritative account of the complex evolution of the 'Humanitarian Initiative' (HI) and the negotiation history of the TPNW. It includes a close analysis of internal strategy documents and communications in the author's possession which trace the tactical and political decisions of a small group of state actors. By demonstrating the unacceptable humanitarian consequences and uncontrollable risks that these weapons pose to everyone's security, the HI convinced many states to ban nuclear weapons and reject the policy of nuclear deterrence as unsustainable and illegitimate. As such, this book is a case-study of multilateral diplomacy and cooperation between state and civil society actors. It also contains a full discussion of both sides of the nuclear argument and assesses the extent to which the HI and the TPNW have moved the dial and present opportunities for transformational change. This book will be of much interest to students of nuclear disarmament, arms control and non-proliferation, diplomacy, global governance, and International Relations in general"-- Provided by publisher

"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"-- Provided by publisher

"International Court of Justice, teachings of the most highly qualified publicists, ICJ Statute Article 38, sources of international law, international courts and tribunals, settlement of international disputes, the creation and development of international law, judges, empirical legal research"-- Provided by publisher

"The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory,The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory, while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control. while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control"-- Provided by publisher

"This is book is concerned with an aspect of war that is hidden in plain sight. The economic aspects of war are blindingly obvious: they are there in the salaries and upkeep of the fighters deployed, in the weapons used, and in the survival strategies of people caught in the war zone. Yet, the ways in which law regulates the economic dimensions of conflict has been largely neglected by the jurists, diplomats and other who are usually concerned about how war is regulated. This book is an attempt to correct this neglect. Drawing on the social science of violent in conflict, and on the history of various regimes of public international law, the book makes a simple claim (or two): the economic dimensions of armed conflict should be brought out of obscurity and they should be regulated. To this end, the chapters that follow make visible the ways in which public international regulates war economies, what norms are deployed, what obligations the law creates, and to what purposes"-- Provided by publisher

"This book examines how deep structural racism embedded in the fabric of American society leads to worse health outcomes and lower life expectancy for people of color. By presenting evidence of discrimination in housing, education, employment, and the criminal justice system, Dayna Bowen Matthew shows how racial inequality pervades American society and the multitude of ways that this undermines the health of minority populations. The author provides a path forward for overcoming these massive barriers to health and ensuring that everyone has an equal opportunity to be healthy. She encourages health providers to take a leading role in the fight to dismantle the structural inequities their patients face"-- Provided by the publisher