Recent Acquisitions at the Marquette Law Library

"A noticeable shift in focus has occurred in public discourse from 'What is our best course of action?' to 'What are the true facts of the situation?' At the center of these debates are questions on the proper use of evidence, Legal scholar Schauer offers clarity based on how legal systems grapple with these questions-and by drawing insights from psychology, philosophy, economics, history, and decision theory"-- Provided by the publisher

"Bringing together contributions from leading scholars--many of them Native Americans--that explore key issues fundamental to understanding the relationships between Native peoples and contemporary criminal justice, editor Laurence Armand French draws on more than 40 years of experience with Native American individuals and groups to provide contextual material that incorporates criminology, sociology, anthropology, cultural psychology, and history to give readers a true picture of the wrongs perpetrated against Native Americans and their effects on the current operation of Native American justice. This compilation analyzes the nature of justice for Native Americans, including unique and emerging problems, theoretical issues, and policy implications. It is a valuable resource for all scholars with an interest in Native American culture and in the analysis and rectification of the criminal justice system's disparate impact on people of color"-- Provided by publisher

"In the decades before the Civil War, Americans appealed to the nation's sacred religious and legal texts (the Bible and the Constitution) to address the slavery crisis. The ensuing political debates over slavery deepened interpreters' emphasis on historical readings of the sacred texts, and in turn, these readings began to highlight the unbridgeable historical distances that separated nineteenth-century Americans from biblical and founding pasts. While many Americans continued to adhere to a belief in the Bible's timeless teachings and the Constitution's enduring principles, some antislavery readers, including Theodore Parker, Frederick Douglass, and Abraham Lincoln, used historical distance to reinterpret and use the sacred texts as antislavery documents. By using the debate over American slavery as a case study, Jordan T. Watkins traces the development of American historical consciousness in antebellum America, showing how a growing emphasis on historical readings of the Bible and the Constitution gave rise to a sense of historical distance"-- Provided by the publisher

"It was a front-page story in the New York Times that New York University decided to honor seven students who, sixty years earlier, the University disciplined and punished. The Bates 7, as the protest leaders became known, took constructive action when rumors spread in the fall of 1940 that black star running back Len Bates was going to be left behind when the football team ventured down to Columbia, Missouri to play the University of Missouri Tigers. They heard that Missouri invoked the gentlemen's agreement and would not allow an interracial sporting event in Columbia. The protests grew in size, eventually numbering thousands of protesters, and impacted collegiate athletics throughout the nation. The Bates 7 protest made a significant contribution to the national civil rights movement that would follow. This is the first and only book-length account of the protests that occurred at NYU that helped to change college sports forever. It is the story of Len Bates and the seven brave students who did not compromise in their fight against Jim Crow in college football. The study is based on extensive and exclusive interviews with Len Bates and the Bates 7 and in-depth research into the movement and the era"-- Provided by publisher

Although water is nature's most important molecule, its regulation and management are the most challenging public policy issues for any society. Water is the common denominator of all life on Earth. Public water policies thus become the fundamental foundations of community formation anywhere. Cities exist in their current locations based on the local water policy, any society is threatened with socioeconomic destruction, especially in the arid areas living under severe drought and the threat of warming trends world wide. [This book]: Provides an interdisciplinary view of water policies world wide; Critically analyzes the consequences of water policies around the world, including many that are not only overlooked but also have never been considered; Analyzes the conflicts in social values of any society that demands hard choices between population growth, economic growth, and the environment; Provides a new perspective on the overall long-reaching economic consequences of water policy; Offers four new terms to describe public water policies in relation to social control: due process social control, deceptive social control, diplomatic social control, and destructive social control; and Compares and contrasts water policies in key places in the world using the new terms of social control to enlighten the pubic and especially water policymakers worldwide. -- Publisher's description

The world's leading economist of inequality presents a short but sweeping and surprisingly optimistic history of human progress toward equality despite crises, disasters, and backsliding. A perfect introduction to the ideas developed in his monumental earlier books. It's easy to be pessimistic about inequality. We know it has increased dramatically in many parts of the world over the past two generations. No one has done more to reveal the problem than Thomas Piketty. Now, in this surprising and powerful new work, Piketty reminds us that the grand sweep of history gives us reasons to be optimistic. Over the centuries, he shows, we have been moving toward greater equality. Piketty guides us with elegance and concision through the great movements that have made the modern world for better and worse: the growth of capitalism, revolutions, imperialism, slavery, wars, and the building of the welfare state. It's a history of violence and social struggle, punctuated by regression and disaster. But through it all, Piketty shows, human societies have moved fitfully toward a more just distribution of income and assets, a reduction of racial and gender inequalities, and greater access to health care, education, and the rights of citizenship. Our rough march forward is political and ideological, an endless fight against injustice. To keep moving, Piketty argues, we need to learn and commit to what works, to institutional, legal, social, fiscal, and educational systems that can make equality a lasting reality. At the same time, we need to resist historical amnesia and the temptations of cultural separatism and intellectual compartmentalization. At stake is the quality of life for billions of people. We know we can do better, Piketty concludes. The past shows us how. The future is up to us.

"Here is a process for talking about tension-filled topics. Useful for families, small groups, businesses, and private and governmental organizations, now, more than ever, because we are divided by political party, race, religion, and region, dialogue is an essential tool. The word "dialogue" suffers from over-use, yet its practice is as transforming and as freshly hopeful as ever. Authors Schirch and Campt demonstrate dialogue's life and possibilities in this clear and absorbing manual: "Dialogue allows people in conflict to listen to each other, affirm their common ground, and explore their differences in a safe environment." Chapters include: Defending Dialogue, Organizing a Dialogue Process, Moving from Dialogue to Action, Assessing Dialogue Effectiveness and more." -- publisher's website

"This thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a 'hashtag jurisprudence' can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism." -- publisher's website

"This book presents an up-to-date analysis of women as victims of crime, as individuals under justice system supervision, and as professionals in the field. The text features an empowerment approach that is unified by underlying themes of the intersection of gender, race, and class, and evidence-based research. Personal narratives supplement research and statistics to help students connect the text material with real-life situations. This new edition is informed by consideration of major ongoing social movements such as #MeToo, Black Lives Matter, and the fight to reduce mass incarceration. The text stresses contemporary topics such as recognition of lesbian, bisexual, and transgender issues in juvenile and adult facilities; the introduction of trauma-informed care in detention centers and prisons; the criminalization of Black girls and women; the effects of an increasingly militarized police culture; and the contributions of Ruth Bader Ginsburg and other influential women. With its emphasis on critical thinking, this text is ideal for undergraduate courses concerning women in the justice system"-- Provided by publisher

Most everyone, voters, political scientists, even lawmakers, think Congress is dysfunctional. Instead of solving problems, Democrats and Republicans spend their time playing politics. These days Capitol Hill seems more a place to bicker, not to pass laws. The reality is more complicated. Yes, sometimes Congress is broken. But sometimes it is productive. What explains this variation? Why do Democrats and Republicans choose to legislate or score political points? And why do some issues become so politicized they devolve into partisan warfare, while others remain safe for compromise? Losing to Win answers these questions through a novel theory of agenda-setting. Unlike other research that studies bills that become law, Jeremy Gelman begins from the opposite perspective. He studies why majority parties knowingly take up dead-on-arrival (DOA) bills, the ideas everyone knows are going to lose. In doing so, he argues that congressional parties' decisions to play politics instead of compromising, and the topics on which they choose to bicker, are strategic and predictable. Gelman finds that legislative dysfunction arises from a mutually beneficial relationship between a majority party in Congress, which is trying to win unified government, and its allied interest groups, which are trying to enact their policies. He also challenges the conventional wisdom that DOA legislation is political theater. By tracking bills over time, Gelman shows that some former dead-on-arrival ideas eventually become law. In this way, ideas viewed as too extreme or partisan today can produce long-lasting future policy changes. Through his analysis, Gelman provides an original explanation for why both parties pursue the partisan bickering that voters find so frustrating. He moves beyond conventional arguments that our discordant politics are merely the result of political polarization. Instead, he closely examines the specific circumstances that give rise to legislative dysfunction. The result is a fresh, straightforward perspective on the question we have all asked at some point, "Why can't Democrats and Republicans stop fighting and just get something done?"

"Maurice and I created this guidebook to assist international lawyers and law students seeking to master, or at least to decipher, the Latin recurrently injected into our profession's already arcane argot. It may seem strange that a reference book-sized niche remains in the twenty-first century given the profusion of legal reference works, but the fact remains that recognizing the need for a guidebook like this one is a little uncomfortable. The use of Latin in international legal writing is supposed to appear natural, if not inevitable. We typically pepper our writings with Latin as if the dead language were cayenne in a jambalaya-the more the better. Yet, at some level we are all aware that we often obscure rather than clarify our meaning when we use it instead of plain English. And when we get the Latin right, which we frequently do, and pronounce the words without butchering them beyond all hope of recognition, which we occasionally do, the practice nonetheless tends to baffle law students and even experienced international lawyers unschooled in the vernacular of Cicero. Aspiring international lawyers may wonder about the ubiquity of Latin in international legal discourse in the first place. It may seem that the esoterism of such a prevalent practice can only be intentional. The official explanation is that much early international law was developed by the Roman Empire, and the much admired Roman civil law has found its way by analogy into public international law wherever a lacuna or ambiguity in the principles of international law arose.1 When combined with the fact that Latin was the scholarly lingua franca of most of Europe during international law's early development, international lawyers have inherited an even better-stocked arsenal of Latin phrases and terms than other lawyers"-- Provided by publisher

"Computational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies. Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods"-- Provided by publisher

"This book is about how lawyers can specifically improve their service to clients which will obtain more business. Besides providing numerous specific innovative legal service applications, this book will discuss the theories and actions to create, implement and evaluate innovative legal service applications. This book will provide a jump start for lawyers to enhance their service to clients by suggesting numerous innovative legal service applications. This book does not just say to listen to your clients and give them what they want. Instead, it will provide applications that lawyers can immediately utilize to improve their quality of service to their clients"-- Provided by publisher

"This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, was the growing professionalisation of lawyers and the question of what duties lawyers owed society to perform free work. Yet, legal aid providers in many countries included lay women and men, leading at times to tensions with the bar. Furthermore, legal aid often became deeply politicized, creating dramatic conflicts concerning the rights of the poor to have equal access to justice." -- Publisher's website

By machine reading 60,556,672 words of legislation, and analysing 7,469 country years, this book uncovers changing patterns in the language of laws. In addition to this wide angle, a tight focus on five countries -- Canada, France, Germany, the UK and the US -- reveals the effects of changing legal language on policy power for judges. With this new perspective and new data, the book explains how and why judges have become more actively involved in public policy disputes on such sensitive topics as abortion, human rights and terrorism. Matthew Williams is Tutor and Fellow of Jesus College, University of Oxford, UK. He lectures on British and comparative politics. His research analyses the language of politics, how the language of legislation has changed over the past century, and the effects of these changes on litigation strategies and public administration

If someone assaults you, should they get a milder penalty if they are rich than if they are poor? We wouldn't dream of passing a law that formalized such an arrangement. But the design of our legal systems in the US, UK, and elsewhere, which permits people with sufficient money to pay for better lawyers, means that wealth often does make a difference to legal outcomes. Justice, then, depends not only on the substance of the laws we pass, but on the design of the system that administers and enforces them. Philosophers and legal theorists, however, have paid relatively little attention to what justice demands of the general design and structure of the legal system. Equal Justice argues among other things that market principles should not determine access to legal resources. If, for example, a large corporation sues a small startup, either the corporation has to use a law firm of the quality that the startup can afford or--which would be preferable, given the corporation's in-house lawyers--the startup would be given a subsidy to afford a top firm. The author builds on this core idea of equal access to resources to work out how the court system and the legal profession should be structured in order to ensure a generally just legal system.-- Provided by publisher

"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"-- Provided by publisher

"This guide provides expert coverage of the classic issues, including basic price theory; definitions of efficiency; the Coase Theorem; and the economics of contract law, tort law, criminal law, regulation, antitrust, and intellectual property. The text also discusses less conventional topics such as public choice, what it means to be a rational maximizer of self-interest, the assumptions underlying economic analysis as applied to law, limitations on the application of economic theory to law, the theory of second best, the prisoner's dilemma, the economics of marriage, the economics of inheritance, evolutionary theories of law, the economics of settlement, and the implications of recent research into happiness"--Provided by the publisher

"The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Furthermore, technological innovations have partially segregated marital relations from fertility. Therefore, it is not surprising that the scholarly literature, legislation and judicial precedents produced in recent decades contain a variety of models that presume to determine legal parentage. However, in my opinion they do not coherently resolve the dilemma regarding the determination of legal parentage in all of its manifestations. The validity, possible advantages and appropriate scope of the legal recognition of determining legal parenthood by agreement (DLPBA) is the essence of this book"-- Provided by publisher

"A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment - liquidated damages - are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. Richard Holden and Anup Malani explain the basic economics and legal relevance of these technologies, and argue that they can implement liquidated damages without courts. They address the hurdles courts may impose to the use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as precommitment devices." -- back cover

"Cleaning up Greenwash characterizes corporate environmental crime as an inevitable consequence of neoliberal markets and contemporary consumer culture and identifies that traditional criminal justice responses may be inadequate to deal with contemporary environmental harms"-- Provided by publisher

"The regulation of economic life, whether through law or politics, has been a fixture of daily life from time immemorial. Formal regulation occurs through a variety of formal devices, the efficacy of which is argued about by legal scholars, economists, policymakers, legislators and governments. Even expressions like "to regulate" or "to deregulate" carry a range of political and even moral connotations, depending on who is using the phrase and how they are deploying it. Different historical periods are marked by greater and lesser degrees of regulation. Much of Adam Smith's Wealth of Nations amounts to a critique of the extensive regulation of trade and commerce that was part and parcel of the mercantile system. The nineteenth century witnessed efforts to diminish regulations and broader laws in many Western countries that had allowed the hundreds, if not thousands of guilds to control the entry of individuals into various professions, the prices charged to customers by those in different occupations etc., for several hundred years. Re-regulation of considerable portions of economic life had, however, began by the beginning of the twentieth century and accelerated after World War I and the Great Depression. From the mid-1970s, a significant amount of deregulation occurred in many Western economies. Following the Great Recession of 2008, there was a swing back towards regulation, especially with regard to the financial sector"-- Provided by publisher

"Business can be conducted in a variety of ways. Its origins, arguably, lie in the simple desire of individuals to trade with one another and, through doing so, to enhance their well-being. These humble origins, however, quickly led to the development of co-operative networks through which people trade. The partnership is perhaps the simplest business form that expresses the desire of individuals to work together for common goals but it has a number of drawbacks. As a result, over time, the limited liability corporation has emerged as the dominant structure for conducting business"-- Provided by publisher

"Designed as a go-to resource for cross-border M&A practitioners, this second edition provides lawyers with a meaningful head start in the due diligence process by compiling responses from leading local firms in the 20 top economies in the world other than the U.S. This book is a compilation of responses from counsel in each country to the updated Model M&A Due Diligence Questionnaire." -- Publisher's website

"This must-have book is a comprehensive yet accessible guide to copyright and related rights in the music industry, illustrated with relevant cases and real world examples. Key features include: An engaging and approachable writing style; A practical orientation for those in the industry and their advisors; The impact of social media on copyright infringement, management and remedies; Accessible explanations of key concepts in copyright and related rights, as well as commonly misunderstood topics such as sampling and fair use." -- publisher's website

Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes

"Tracing constitutional thought from the Enlightenment to the present, Martin Loughlin shows how a tool for the protection of self-government has become a means for subverting popular will. Across the globe, constitutions now displace democratic decision-making, as courts interpret values in the law that ultimately trump legislative action"-- Provided by publisher

"John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights"-- Provided by publisher

"Imagine a religious leader who, during the weekly religious service, explains to the flock that members of the LGBT+ (lesbian, gay, bisexual and transgender, plus other types of sexual orientation or gender identity) community are lesser beings, are sick people who need to be cured, or need to be punished, or some such verbal attack. Or, more subtly, imagine a religious believer publicly questioning equal rights for LGBT people in certain areas of public or private life, like equal marriage rights or equal access to certain service or jobs"-- Provided by publisher

"The comparative study of administrative law has a long history dating back more than 200 years. It has enjoyed a renaissance in the past 15 years or so and now sits alongside fields such as comparative constitutional law and global administrative law as a well-established area of scholarly research. This book is the first to provide a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed. In its various parts it surveys the historical beginnings of comparative administrative law scholarship, discusses important methodological issues, examines the relationship between administrative law and regime type, analyses basic concepts such as 'administrative power' and 'accountability', and deals with the creation, functions, and control of administrative power, and values of administration. The final part looks to the future of this young sub-discipline. In this volume, experts and leaders in the field discuss a wide range of issues in administrative law from a comparative perspective. Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or 'executive') governmental power. It has close links with other areas of 'public law', notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions"--Provided by the publisher

"To date, U.S. law has largely served as an obstacle to an honest assessment of our preparedness to face the climate change challenge. Given that society has become comfortable amidst mild climatic conditions, and given a pervasive reluctance to change, extreme and abrupt climatic changes will hit hard. Our current legal structure maintains a dangerous status quo and it is time to unleash the potential of communities and the private sector to produce innovative solutions. This book, the fourth in a series by the Environmental Law Collaborative, addresses disruption from a variety of influences and perspectives. Some essays consider the disruptive effects of environmental changes on human and ecological safety, security, and well-being, suggesting that the impacts of climate changes are not accounted for in the current legal system. Some identify key changes needed to respond to climatic challenges, social inequities, and dwindling grey and green resources. Others deconstruct social, political, and professional frameworks to understand how such influences might be used to disrupt the current regime, or even ones where expectations are being disrupted with the endorsement of law. Taken together, these essays provide an understanding of the cause, effect, and opportunity that environmental disruption presents in the climate change era." -- back cover

"This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information"--Jacket

"This well received book, informed by its interdisciplinary framework, succinctly yet accurately traverses and illuminates the full gamut of international environmental issues, laws and policies challenging the world today. " -- publisher's website

All of the topics discussed in this book - from sovereignty to cybercrime, and from drones to the identification of passengers & privacy - are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore's Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information - all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition

"Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense. While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous? Breaking Away not only articulates the limitations of the current enforcement and regulatory approach, but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed." -- back cover

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores - among others - retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology

"This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional and bilateral initiatives, including legal measures. Accordingly, the handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The book concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law, and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs"-- Provided by publisher.

"A broad array of Christians has wrestled with the subject of conscience from the beginnings of Christianity to the present time. Remarkably--given their differing nationalities, historical circumstances, and religious convictions--leading thinkers have regularly pursued similar questions about conscience. Sometimes they have reached overlapping conclusions. Often, however, concerning both large and small matters, they arrive at different or even radically different answers. But the persistence and correspondence of their inquiries remains a testament to the innate and universal importance of the matter of conscience"-- Provided by publisher

A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World. As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other's ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors' notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers' and indigenous peoples' legal presuppositions shaped and sometimes misdirected their attempts to employ each other's law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of "legal intelligibility": How and to what extent did settler law and its associated notions of justice became intelligible--tactically, technically and morally--to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible. -- Publisher's description

Building on his previous two books, "Bad Medicine" and "Bad Judgment," John Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments

"Unlike conventional legal research books that limit their focus to teaching students how to find and use the various sources of law, this book stresses a systematic, practice-oriented approach to acquiring legal-research skills. It presents a simple yet highly effective research strategy that helps students efficiently solve the types of complex legal-research problems they can expect to encounter in the workplace. In addition, the book includes a section on the various primary and secondary sources of law, and how best to find and use them, as well as a section containing tips for summer interns and associates, and a Trouble-Shooting Guide to help students overcome the occasional obstacles that may crop up in their research projects. The book also includes a detailed Research Checklist for students to use before turning in their work. For these reasons, the book makes an ideal stand-alone text for the first-year legal-research class, as well as an excellent supplementary text for advanced legal-research classes." -- publisher's website

"This work is a practical legal analysis and writing handbook. Designed for first-year students, it is also a valuable refresher text for more advanced students, and for practitioners. This easy-to-read book features fundamental advice on how to communicate written and oral legal analysis from a problem-solving perspective. It features illustrative examples and templates. The fifth edition includes additional examples and models, and appendices with practice exercises and sample answers, all created in collaboration between one author with recent practice experience and one who has been teaching for over twenty years. It also incorporates professional ethical and technological considerations throughout, while providing learning objectives for each chapter." -- publisher's website

"Choosing a legal career that fits a student’s personality, skillset, and aspirations is the most important and difficult decision a law student faces, yet only a small number of law schools incorporate career-planning into their curriculums. Law Jobs: The Complete Guide seeks to fill the gap. Written by three award-winning professors, Law Jobs is a comprehensive, reader-friendly guide to every type of legal career. Packed with authoritative research and featuring comments from more than 150 lawyers who do the jobs, Law Jobs offers in-depth exploration of each career option, including general background, pros and cons, day in the life descriptions, job availability, compensation, prospects for advancement, diversity, and how students can best position themselves for opportunities in the field." -- publisher's website

Brian Cuban was a successful lawyer--and an addict. With a famous last name and a successful career as a lawyer, Brian was able to hide his clinical depression and alcohol and cocaine addictions--for a while. Today, as an inspirational speaker in long-term recovery, Brian looks back on his journey with honesty, compassion, and even humor as he reflects both on what he has learned about himself and his career choice and how the legal profession enables addiction. The book takes an in-depth look at why there is such a high percentage of problematic alcohol use and other mental health issues in the legal profession. What types of therapies work? Are 12-step programs the only answer? Brian also includes interviews with experts on the subject as well as others in the profession who are now in recovery

"This book is about how all of us can thrive-in good times and in arduous periods. This book is about focusing on more dimensions than just our intellect so we can be prepared for, and rise to, challenges like the ones we have been navigating since Spring 2020"-- Provided by publisher

"This book describes changes in the legal profession beginning in the mid-1980s when lawyers began to measure success by the profits they and their firms generated. Law became a business, not a profession. Integrity, efficiency, and strong client relationships eroded. Lawyers found themselves professionally unfulfilled. The suicide rate for lawyers skyrocketed. They forgot about their oaths; oaths that require civility, commitment to justice, fair play, and respect for the courts. Practice today would look vastly different if lawyers aligned themselves with the shared values of their profession and with their own values and priorities. Clients would be treated differently, colleague relationships would be strong, productive, and respectful. But is this kind of alignment possible anymore? It takes commitment and resolve for a lawyer to live by the oaths taken when admitted to practice and to adopt the right priorities. Choosing this path, an attorney embraces the practice of law as a profession and commits to serve others with integrity, competence, and compassion. The outcome is a lawyer who discovers fulfillment and significance in the practice of their profession, and the profession is better for it"--Publisher's description

"Law is a varied, powerful, and highly rewarding profession. Studies show, however, that lawyers have higher rates of alcoholism, divorce, and even suicide than the general population. Stress creates these poor outcomes, including the stress of dealing with other people's problems all day, the stress of spending excessive amounts of time at work, and the stress of being disconnected to what is most meaningful in life. Through mindfulness and emotional intelligence training, lawyers can improve focus, get more work done in less time, improve their interpersonal skills, and seek and find work that will make their lives more meaningful. This book is designed to help law students and lawyers of all experience levels find a sustainable and meaningful life in the field of law. This book includes journaling and other interactive exercises that can help lawyers find peace, focus, meaning, and happiness over a lifetime of practicing law"-- Provided by publisher

"'It's law school, not lawyer school.' Many junior lawyers have heard this cliché from their more senior colleagues when they observe that the lessons learned in law school seem to have limited application to the daily realities of practice. But that doesn't mean there aren't effective strategies to make practical use of your education. In How to be a lawyer: the path from law school to success, accomplished lawyers and entrepreneurs Jason Mendelson and Alex Paul deliver an intensely practical blueprint to translating your years of training and education into a running start in real-world practice. In the book, you'll find a bridge between the largely theoretical world of law school and the client-driven world of private or public practice. Whether you've already started your first job at a large firm or you're still in school and dreaming about a role at a small nonprofit or government agency, you'll find the concrete advice you need to succeed in this book. It's filled with relevant, digestible advice you won't get from your professors, but unfortunately your employers and clients will expect you to know on your first day. How to be a lawyer offers case studies and guest chapters from accomplished lawyers who successfully transitioned from school to a wide variety of law practices, from criminal to tax, corporate, litigation, and more. The authors explain how you can radically improve your performance at your first job and avoid the most common career pitfalls and client service mistakes that can slow your progress. Ideal for all aspiring and current law students, this book is also an essential read for early-career lawyers looking for a reliable and insightful roadmap to navigating a legal career." -- Jacket flap

"Written primarily for practicing lawyers and law students, with an eye toward wider audiences, this book helps guide lawyers toward a meaningful, ethical, and fulfilling practice of law." -- back cover

Contents: Removal proceedings -- Contesting removability -- Noncriminal grounds of inadmissibility and deportability -- Criminal grounds of inadmissibility and deportability -- Detention authority and bond hearings -- Adjustment of status -- Waivers of inadmissibility and deportability in removal proceedings -- INA [section] 212(c) and cancellation of removal for lawful permanent residents -- Cancellation of removal for non-lawful permanent resident aliens -- Asylum, withholding of removal, and protection under the Convention Against Torture -- Voluntary departure -- Immigration Court strategies for respondents simultaneously pursuing relief with USCIS [U.S. Citizenship and Immigration Services] -- Trial skills in Immigration Court -- Administrative appeals -- Judicial review of removal orders -- Prosecutorial discretion -- Motions to reopen -- Appendices [Forms, sample motions] -- U.S. Immigration Courts and U.S. Courts of Appeals for the Federal Circuit [map inside back cover]

"Pursuing the Horizon offers a collection of essays and courtroom stories from an activist, death penalty lawyer, and Washington, D.C., judge struggling to seek justice in the courtroom, in the fields where migrant farmworkers toil, and in the rice paddies of Vietnam. The book allows the reader to sample some of the most horrifying, perplexing, and important issues in life and the law, offering the general public, via suspenseful and riveting stories, a rare lens into the daily life and minds of those seeking to achieve justice and those who must live, or sometimes die, with the consequences of their efforts. Pursuing the Horizon is about the author's search for justice together with dedicated judges, lawyers, jurors, those accused of crime, those who are the victims of crime, police, social workers, nurses, mental health workers, and the public at large." -- publisher's website

"[This book provides an] explanation of the rules that govern the legal relations between landlords and tenants. It describes the exceptions to these rules and explores the underlying reasons for them. The book also reviews the creation, duration, and termination of several types of tenancies; termination of leases before expiration; repairs and improvements; transfers; extensions, renewals, and purchase options; rent and security; and insurance and taxes."-- Provided by publisher

"Don't put it off any longer! Get your life in order and make sure your family knows your plans and wishes with this simple step-by-step guide by a top expert in the field. This valuable resource walks you through the process of gathering in one place critical information about your finances, legal documents, online accounts, passwords, wishes about medical care, and more. Plus, it tells you what you need, what's missing, and where to get it. Youre never too young or too old to get organized and prepared,, so start now. While giving you peace of mind, this book is also a gift to your loved ones, sparing them stressful decisions should you become ill or die. Stay in control of your affairs with this updated edition of the award-winning book by AARP and the American Bar Association." -- Publisher's website

"Fair Debt Collection is the definitive treatise on the Fair Debt Collection Practices Act (FDCPA), providing all the tools a practitioner needs to recover actual and statutory damages and attorney fees for both individual and class action cases. The treatise is fully updated, analyzing new CFPB Regulation F, effective November 30, 2021. NCLC's unique "FDCPA Case Connector" provides instant access to over 15,000 FDCPA case summaries, allowing searches by keyword, topic, court, state, or case name."--Provided by publisher

"This book updates and expands upon the materials from the 2001 and 2012 editions and should prove to be an indispensable reference for commercial surety and miscellaneous bond practitioners, underwriters, and claim professionals"-- Provided by publisher

"This book examines our basic understandings of privacy as they are challenged by modern technology, changing social mores, and evolving legal understandings that both reflect and reinforce underlying changes in society"-- Provided by publisher

"This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers' compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and the procedural issues that accompany them. Substantial updates include liability for "take-home" toxins; sovereign immunity under the Federal Tort Claims Act and the government contractor defense; preemption of generic drug claims; and the any-exposure theory of causation. In addition to the complete update, the Sixth Edition also contains new material on the following: Bare metal defense in asbestos litigation, Talc litigation, Opioid litigation, Impact of U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court on personal jurisdiction over drug manufacturers in product liability cases, Impact of U.S. Supreme Court's 2016 decision in Spokeo, Inc. v. Robins on standing, The 2018 proposed amendments to Fed. R. Civ. P. 23 covering class action notice and settlements, Flint, Michigan, contaminated water litigation, PFOA/PFOS litigation"--Publisher's website

"Recent years have seen a surge of scholarly interest in the fiduciary relationship. The collapse of Enron in 2001 and WorldCom and 2002 led to an explosion of scholarship on corporate law,1 including scrutiny of the role fiduciary duties might play to enhance governance. The Sarbanes- Oxley Act of 2002 appeared to adopt some underlying logic from fiduciary law, particularly in its emphasis on the personal responsibility of senior corporate officers to certify their firms' financial statements. The 2008 financial crisis further trained the focus of scholars, regulators, lawyers, and courts on the failures of intermediaries, gatekeepers, and others who arguably breached their duties. New fiduciary rules have been proposed and implemented to govern investment intermediaries"-- Provided by publisher

"Social media has transformed how the world communicates. Its impact has been felt in every corner of our society including the law. Social Media Law in a Nutshell is a wide-ranging look of how the social media transformation has impacted various legal fields. From marketing to employment to torts to criminal law to copyright and beyond, virtually every legal field has been changed by social media. By looking at high level concerns and example cases, Social Media Law in a Nutshell attempts to give practitioners exposure to social media issues and concerns so they can better advise clients and approach the new social media world with their legal eyes opened to new and old risks alike. This book can also serve as a text for law professors looking to expose law students to the burgeoning area of Social Media Law. The second addition covers new cases, regulations, and guidance from government regulators in the social media space." -- publisher's website

"[The] sixth edition has been expanded and updated, including such new topics as whether just-in-time workers (e.g., Uber drivers) are employees or independent contractors, along with...coverage of anti-discrimination laws, wage and hour law, ERISA, privacy in employment, OSHA, workers' compensation, restrictive covenants, wrongful discharge, unemployment compensation, and pensions."-- Provided by publisher

"In 1938 the Fair Labor Standards Act authorized the use of subminimum wages for workers with disabilities. While some states have banned their use, it remains legal federally. The program known as 14(c) has a long history of poor oversight and abuse. While disability rights have grown in the United States, this issue lags decades behind"-- Provided by publisher

"Health Care Fraud and Abuse Compliance Manual provides a comprehensive overview of legislative and regulatory restrictions that affect the way health care providers conduct business and how they structure relationships among themselves. This treatise helps providers determine the boundaries of permissible conduct under the myriad statutes and regulations that relate to health care fraud and abuse at both the federal and state levels. Specific coverage includes the statutory language in the Medicare/Medicaid civil money penalties and false claims statutes, the Medicare/Medicaid antikickback statute, the Stark "self-referral" law, and the numerous safe harbors and exceptions contained with these prohibitions." -- Amazon.com

"This book remains the only comprehensive treatment of abortion as a state constitutional right. Since the second edition was published, state challenges to abortion regulations have been considered by multiple state supreme courts, one state amended its constitution to make it 'abortion neutral,' and three states repealed their pre-Roe v. Wade abortion statutes. In addition to evaluating these developments, this edition discusses case law and statutory changes in other states that may bear on whether a state supreme court would recognize a right to abortion. This edition also includes an appendix of the constitutional provisions cited and a topical index"-- Provided by the publisher

"In Dawn at Mineral King: The Sierra Club, the Disney Company, and the Rise of Environmental Law law professor Daniel Selmi chronicles a seminal case that opened a new field of law: environmental protection. It shows how, against long odds, the Sierra Club prevented the Walt Disney Company from building a massive ski resort in the magnificent Mineral King Valley of the Sierra Nevada Mountains. Proposed in 1965, the vast Disney development would have irretrievably altered the relatively untouched Mineral King Valley in the Southern Sierra Nevada mountains. The Sierra Club's lawsuit against the development went to the United States Supreme Court and resulted in an immensely important decision that not only ultimately preserved the Mineral King Valley but also opened the way for environmental groups to challenge other destructive projects throughout the country by finding that public interest groups had "standing" or the right to bring lawsuits like this. The story is set against the backdrop of the environmental movement that suddenly emerged and swept the country in the late 1960s and early 1970s"-- Provided by publisher

The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law. -- Amazon.com

"Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans, and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons." -- publisher's website

"When a loved one with mental illness comes into contact with the law, trying to advocate for them can be an overwhelming and frustrating endeavor. Mental illness adds a layer of complexity to legal processes, and the justice system can be downright bewildering, even for the most well-intentioned. How can families find out if their loved one is being mistreated or ignored, and how can they make sense of their rights under various laws and regulations? [This book] offers the nuts-and-bolts legal information and problem-solving steps families need. This ... resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help. Readers will learn how to help protect a loved one's job, housing, or medical care; participate in hearings about guardianship, involuntary commitment, bankruptcy, and more; assist in making financial arrangements; navigate federal laws surrounding the Family and Medical Leave Act, HIPAA, disability claims, and workers' compensation; and steer criminal proceedings away from jail and toward treatment. Beyond the legal system, this book also guides readers in interacting with officials and authorities, lobbying for better laws, and working with local governments towards improving policies that affect those with mental illness. Complete with real-world examples, [this book] provides practical advice and eases the feelings of isolation that often accompany loving someone with mental illness."-- Publisher's website

"This monograph consists of two analyses of the Second Amendment to the Constitution of the United States. The first examines modern history against the backdrop of the attitudes of the founders, the influence of legal texts they considered significant, the status of common and statutory law as it grew up during both colonial and state government times, and the political realities in play when the Constitution and later the Bill of Rights were produced. The second is an exegesis of all of the language in the Constitution and the Bill of Rights related to weapons, the militia, the army, and the navy." -- Introduction

"This book contains the elements of sports law explained in an organized, coherent manner. It simplifies the complex world of sports law and provides a road map to all of its intricacies from contracts, torts, antitrust, liabilities, constitutional implications, labor law, taxes. The Sixth Edition continues to update the material with a focus on important recent legal developments"-- Provided by the publisher

"Virginians dominated the early history of the United States. While historians have written scores of books about Washington, Jefferson, Madison, Monroe, Patrick Henry, George Mason, George Wythe, and John Marshall, they have given Spencer Roane (1762-1822) comparatively scant attention. The lack of interest in Roane is remarkable since he was the philosophical leader of the Jeffersonians, architect of states' rights doctrine, legislator, essayist, and, for twenty-seven years, justice of the Virginia Supreme Court. He was the son-in-law of Patrick Henry, a confidant of Jefferson, founder of the Richmond Enquirer, and head of the 'Richmond Junto.' His opinions established judicial review of legislative acts ten years before Supreme Court Chief Justice John Marshall did the same in Marbury v. Madison, opened a narrow path for the emancipation of slaves, and brought down Virginia's state-sponsored church. Roane's descent into historical twilight is all the more curious given his fierce criticism - both from the bench and in the newspaper - of John Marshall's nationalistic decisions. Indeed, the debate between these two judges is perhaps the most comprehensive discussion of federalism outside of the arguments that raged over ratification of the U.S. Constitution. In this book David Johnson uses Roane's long lasting conflict with John Marshall as ballast for a biography of this highly influential but forgotten justice and political theorist. According to him, Roane appears as an annoying gadfly in most studies of federalism during the early days of the republic mainly because his legal opinions gave way to those of Marshall. Equally to blame is the comparative inaccessibility of Roane's life: no single archive houses his papers and correspondence, no scholars have systematically reviewed his legal opinions, and no one has examined his essays as a whole. Bringing these and other disparate sources together for the first time, Johnson precisely limns Roane's career, personality, and philosophy. He also synthesizes the judge's wide ranging jurisprudence and analyzes his predictions about the dangers of unchecked federal power and an activist Supreme Court. Many of Roane's views are echoed today with increasing frequency by conservative politicians and commentators"-- Provided by the publisher

"Over the past 50 years, American constitutional theory has increasingly shifted its focus away from the lawmaker's intentions, not only by arguments for an aspirational, living, or consequentialist Constitution, but even, and perhaps surprisingly, through many contemporary originalists' focus on the search for semantic meaning rather than the framers' particular policy choices. This book argues that constitutional theory needs to return to its historical core, which is an understanding of the decision made by the lawmaker in adopting the text. As a practical matter, determining that original choice will require an inquiry into the Framers' understandings despite the fact that most contemporary constitutional theorists (who often disagree with each other about virtually everything else) have been united in the belief that the framers' understandings are unknowable and, in any event, irrelevant. Returning the framers to the center of the interpretive process turns out to be an essential basis not only for decisions about the Constitution's original meaning, but also for determining how that meaning can be applied to twenty-first century circumstances"-- Provided by the publisher

"Americans refer to "the Constitution" easily and often. What exactly they mean is not so clear much of the time. The term is, of course, short for "The Constitution of the United States of America," which is the title of a document - really, a collection of documents, the original text and the amendments. In some sense, Americans always have the document in the back of their minds when they invoke its title. In ceremonial contexts, and when politicians want to belabor their opponents about the latter's supposed perfidy, "the Constitution" brings up the image of the parchment document housed in the National Archives, with "We the People" in large flowing script at the beginning and George Washington's signature leading the rest at the end; what the document actually says between heading and signatures is often immaterial. At the other end of the spectrum, "the Constitution" in a list of university classes might identify a course truly focused on the language drafted in Philadelphia in the summer of 1787, with some attention paid to the text's antecedents and to the intellectual arguments and political struggles over its subsequent ratification by the thirteen original states. Somewhere in between are those many occasions when "the Constitution" stands for the speaker's views on American ideals. Exactly how the words of the text express those ideals may be hazy, but that the words do so, and in the process safeguard those ideals, is crucially important, indeed, the very point of referring to the Constitution"-- Provided by publisher

"Is it possible to be both a judge and a feminist?" So opens Feminist Judgments, a collection of key decisions in English law rewritten by feminist legal scholars. It is a provocative question, and one that prompted us, a group of critical race theorists, to open this book, Critical Race Judgments, with a similar question: "Is it possible to be both a judge and a critical race theorist?" On one view, the answer is a resounding "no." To put the point the way two critics of the genre once put it, critical race theory is "beyond all reason." Accordingly, that body of work can be neither translated into nor substantively shape the articulation and the development of legal doctrine in the United States. On another view, and the one that informs this project, the answer is unequivocally "yes." The very project of critical race theory is to highlight, contest, reimagine, and rearticulate "the vexed bond between law and racial power.-- ECIP introduction

"This book traces the history of the right to anonymous speech in America, dating back to the pseudonymous publication of the Federalist Papers and other foundational political writings. It examines how courts have recognized a First Amendment right to anonymity, and how that right has shaped the Internet that we know today"-- Provided by publisher

"Traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court, with varying levels of success, has applied that doctrinal framework to 'hard cases' and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation"-- Provided by publisher

Contents: An overview of basic immigration terms and the immigration law system -- The definition of "conviction" according to immigration law -- Consequences of criminal activity : removal from the United States -- Consequences of criminal activity : detention inside the United States -- Methodology : classifying crimes under the Immigration and Nationality Act -- Crimes involving moral turpitude -- Aggravated felonies -- Classifications beyond moral turpitude and aggravated felony -- Consequences of specific criminal activity -- Immigration defense : waivers and other relief -- Fashioning a plea to avoid adverse immigration consequences -- Visas and status for cooperating witnesses : S, T, and U -- Preparing and presenting applications that waive a criminal conviction

"Religious Organizations and the Law is a complete analytical guide to the constitutional law, federal and state decisions, statutes, ordinances, and regulations affecting the operation of religious entities. Featuring expert perspectives on the law pertaining to U.S. churches, it includes: Complete coverage of the legal requirements of this specific kind of nonprofit; Practical steps attorneys should take in representing churches or clients who may be involved in transactions with churches; Directories of organizations of all denominations" -- Publisher's website

"It has been nearly two centuries since an American presidential election has evoked a crisis of confidence like that following the election of 2016. Not since the election of Andrew Jackson in 1828 has there been such a public display of anxiety concerning the methods by which we choose our chief executive. As in the contest of 1828 pitting the Democrat Jackson against his Federalist opponent John Quincy Adams, the presidential nominating process of 2016 produced a contest between a celebrity populist, widely seen as unqualified by experience or temperament, and a highly experienced and competent but deeply uninspiring political insider who had been anointed by establishment elites"-- Provided by publisher

Recounts twelve cases in which justice was denied because of qualified immunity (QI). QI is a legal principle which Reuters describes as "a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights." Originally intended to protect cops from being sued over good faith mistakes, courts have interpreted QI so broadly that police are shielded from accountability in all but the rarest of circumstances. Only when the exact same abusive behavior was already deemed unconstitutional by a court in the exact same jurisdiction can victims succeed in a prosecution. The stories are accompanied by infographics, timelines, and contextualizing background to create a concise and compelling indictment of an unjust legal principle that must be changed. --From publisher description

"Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity"-- Provided by publisher

"In straightforward language, the third edition of A Practitioner's Guide to Innocent Spouse Relief takes you step-by-step through the innocent spouse claim process, from information gathering, to administrative proceedings, to determination, to trial, and to refund relief. It provides a comprehensive yet accessible guide for practitioners representing taxpayers in innocent spouse proceedings." -- Publisher's website

"Presents 53 ground-breaking decisions made by the U.S. Supreme Court in the field of federal Indian law. The subject index of cases provides a quick reference aid, and all cases are listed under one or more relevant subject headings." -- publisher's website

"This book describes the closing of one era in constitutional jurisprudence and the opening of another. This study of the Supreme Court from 1930 to 1941 - when Charles Evans Hughes was Chief Justice - shows how nearly all justices, even the most conservative, accepted the broad premises of a progressive theory of government and the Constitution. The progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation"-- Provided by the publisher

"Chronicles the efforts of the first Chief Justice of the US Supreme Court to establish a federal court system during the country's uncertain early years"-- Provided by the publisher

"Comparing over 500 Supreme Court decisions with timely nationwide poll questions, Thomas R. Marshall shows that most Supreme Court decisions agree with poll majorities or pluralities across time and across issues and often represent Americans' views to the same degree as federal policymakers"-- Provided by publisher

"In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading." -- publisher's website

Partial Contents: Defining terms -- Finding and preparing the evidence -- Real and demonstrative evidence away from trial -- Use at trial -- Foundations -- Objections -- Handling the exhibit in the courtroom -- Real evidence at trial -- Photographic evidence -- Audio recordings -- Diagrams, drawings, maps, charts, and graphs -- Models -- Reenactments, demonstrations, and experiments -- Animations and other computer-based evidence -- Documents -- New scientific evidence -- Working with expert witnesses -- Remote sensing and satellite imaging

"This book focuses on lawyering skills in negotiating and mediating, including the lawyer's counseling function and ethical responsibilities in connection with these dispute resolution processes. Because these are practical skills that are integral to effective legal representation, the book aims to be eminently practical in the descriptive and prescriptive treatment of them, even as the book also discusses some of the most important theoretical approaches to negotiation and mediation. The overall effort has been to provide a blend of theory and practice that is most meaningful in the sense of having real-life application to effective client representation in negotiating and mediating"-- Provided by publisher

"The author recounts his experiences as an expert witness for defense teams working to dispel myths about gangs. He marshals findings from psychology to show how these myths bias court actors and lead to the dehumanization of those on trial, causing courts to overcharge and unjustly punish defendants"-- Provided by publisher

"Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a ground-breaking investigation of the role that the U.S. Constitution plays in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct -- more important than Miranda warnings, the right to counsel, equal protection, and due process. Fourth Amendment law determines when and how the police can make arrests, stop-and-frisk, conduct traffic stops, and employ deadly force -- and Fourth Amendment law legitimizes the treatment of Black people as what the book calls "runaway criminals." Drawing on the narratives behind and the outcomes of key Supreme Court cases that everyone should know, Carbado shows how, in the last four decades, the Supreme Court has interpreted the Fourth Amendment to protect police officers, not African Americans; how the Fourth Amendment sanctions racialized policing; and how that amendment has become a body of constitutional law that manages the precarious line between stopping Black people and killing Black people. Accessible, compelling, and essential reading, Unreasonable offers a "people's" account of the Fourth Amendment that sheds light on a critical but rarely understood dimension of a pressing social issue." -- The book jacket

"Rapping urges us to understand that meaningful criminal justice reform requires a cultural transformation, and that public defenders, serving as the voice of impacted communities, must be at the center of this effort"-- Provided by the publisher

"By looking at the motivations of the three critical parties to any plea bargain-the prosecutor, defense attorney/defendant, and the judge-Plea Bargaining Made Real explains why in the words of former Supreme Court Justice Anthony Kennedy, "criminal justice today is for the most part a system of pleas, not a system of trials." By looking at the impact these motivations play in the conduct and decisions of these parties, the book offers a clearer and more realistic understanding of the process. Through comparing plea-bargaining court decisions with the actual ways in which guilty pleas come about, the book illustrates not just the dishonesty of the judicial approach to issues arising from plea bargaining, but also the damage that such dishonesty causes. The book discusses other important and controversial aspects of plea bargaining such as types of guilty pleas, the impact of systemic racism in plea bargaining and the applicability of contract law principles to plea agreements. The negotiation of a disposition in a criminal case is a most human process. This book examines the law of plea bargaining without ever losing sight of this critical perspective. It offers suggestions for how prosecutors, defense attorneys, judges and the criminal justice system itself can make the plea bargaining system fairer and more transparent"-- Provided by publisher

"The purpose of the proposed book is to offer a broad audience a greater understanding of JI testimony, historically, legally, and psychologically. First, the book will provide clear examples of the use of JI testimony in a variety of cases, and present the use of JI testimony in historical perspective. The latter will include data on how often JI testimony is used and in what kinds of cases, demographics of JIs, outcomes, and outcomes overturned. Next, we will review the legal status of JI testimony. Third, we will review the vast amount of psychological research pertinent to JI testimony--there will be chapters on confessions, lying and lie detection, expert testimony, and perceptions of JI testimony. Finally, we will integrate our historical, legal, and psychological coverage by offering recommendations for dealing with JI testimony in court"-- Provided by publisher

"Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk."-- Provided by publisher

"Despite being in existence for over a quarter century, costing multiple millions of dollars and affecting the lives of hundreds of thousands of individuals, sex offender registration and notification (SORN) laws have yet to be subject to a booklength treatment of their empirical dimensions - their premises, coverage, and impact on public safety. This volume, edited by Wayne Logan and J.J. Prescott, assembles the leading researchers in the field to provide an in-depth look at what have come to be known as "Megan's Laws," offering a social science-based analysis of one of the most important, and controversial, criminal justice system initiatives undertaken in modern times. Wayne A. Logan is Gary & Sallyn Pajcic Professor of Law, Florida State University. He is the author of Knowledge as Power: Criminal Registration and Community Notification Laws in America (2009), cited by the U.S. Supreme Court in United States v. Kebodeaux (2013), and has published several dozen book chapters and articles, with work appearing in publications such as the Georgetown Law Journal, the Michigan Law Review, and the Pennsylvania Law Review. Logan is an elected member of the American Law Institute and a past chair of the Criminal Justice Section of the Association of American Law Schools. J.J. Prescott is Henry King Ransom Professor of Law, University of Michigan"-- Provided by publisher

"This volume provides a comprehensive historical review of the transferring of American's youth from the rehabilitative, individualized treatment of the juvenile justice system into the adult criminal justice system"-- Provided by publisher

"On August 1, 2020, new procedures went into effect for guardianships of the person for children as a result of the passage of 2019 Wis. Act 109. The Act moved private guardianships of the person for children from chapter 54 of the Wisconsin Statutes to chapter 48 (the Children's Code) and created a new statute, Wis. Stat. ʹ 48.9795. ... Under the new law, cases that were formerly handled in probate court are now handled by the children's court. Consequently, even experienced attorneys are in new territory and will need a resource that outlines the substantive and procedural changes for everything from filing a petition and preparing for hearings to modifying a guardianship order or handling other postdispositional matters. ... Written by Attorney Henry Plum, who actively participated in the multiyear process to draft the new legislation, Minor Guardianships will help you better understand of the history of minor guardianship law in Wisconsin and why there was a need for legislative changes in the first place." -- Publisher's website

"The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law [TL] by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory as well as practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border-crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift requires a conscious effort also amongst law school classroom instructors, casebook authors and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges or bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust of the Handbook is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook feature numerous reflections on the relationship between transnational law and legal practice"-- Provided by publisher

This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States' financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.-- Provided by publisher

This book discusses the conceptual foundations of due diligence obligations and their normative function in the law of international responsibility

"In seven concise chapters, [Stuart Casey-Maslen] traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the non-proliferation of nuclear weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control"--Publisher's description

"The most commonly asked question is how I came to work at the intersection of the law of war and technology. The answer, like those that many would give for their careers, are a combination of serendipity and passion. I worked on the risk of minimising biological and chemical advances. As research in nanomaterials advanced, I kept reading that there were risks, but found no literature identifying where and how nanomaterials could play a part in warfare. This book aims to start a conversation in where that gap was"-- Provided by publisher

"A new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis"-- Provided by publisher

This guide is an introduction to the basic doctrines, institutions, and methodology of international sanctions, as it provides an overview of legal and operational capacity requirements for effective sanctions implementation by nation-states and international organizations--effective border control, well-organized and monitored financial systems, secured travel documents identification system, migration controls, legal and administrative capacities commensurate with the complexity of sanction regimes, and the capacity for international cooperation in the implementation and enforcement of sanctions. Many nations have used sanctions or have had sanctions imposed against them or their citizens. Nation-states have also often used sanctions to impose economic rather than armed force. As such, sanctions have been commonly used in foreign relations, peacekeeping, and conflict resolution. In addition to providing an explanation on the importance of the topic, this guide provides research methodologies into the purposes, types, and targets of sanctions. It goes into specifics on the many UN sanctions passed from the Cold War era up to the present, and explains the administrative framework for U.S. sanctions and all the departments and agencies that can be involved. It lists the requisite sources to consult, including primary and secondary material and databases.--Publisher

"Introduction Destruction of cultural heritage is always irreparable. Once destroyed, items of immense value, originating in civilizations and cultures that have since vanished or been transformed beyond recognition, are gone forever. War - the enemy of mankind - mercilessly orphans humanity of the unique expressions of creative energy and the beliefs of its ancestors. The sheer scale and nature of wartime destruction of cultural and religious heritage must raise doubts as to its purely incidental character"-- Provided by publisher

"In all but the rarest circumstances, the world's deadly conflicts are ended not through outright victory, but through a series of negotiations. Not all of these negotiations, however, yield a durable peace. To successfully mitigate conflict drivers, the parties in conflict must address a number of puzzles, such as whether and how to share and/or re-establish a state's monopoly of force, reallocate the ownership and management of natural resources, modify the state structure, or provide for a path toward external self-determination. Successfully resolving these puzzles requires the parties to navigate a number of conundrums and make choices and design mechanisms that are appropriate to the particular context of the conflict, and which are most likely to lead to a durable peace. Lawyering Peace aims to help future negotiators build better and more durable peace agreements through a rigorous examination of how other parties have resolved these puzzles and associated conundrums"--Publisher's description

Paul Butler considers NWA's 1988 song, "Fuck tha Police," as an invitation to think about putting the police on trial for crimes against African Americans. It examines the resonance of "Fuck tha Police" over time, up to and including the George Floyd inspired protests. It will also use the song to analyze how civilians should feel about cops in a democracy. Are they a positive good, as many white people might suggest, a necessary evil, as some people of color might suggest, or an unnecessary evil, as suggested by the "defund the police" movement? Butler also will explore the meaning of the trial metaphor in the song - what would it mean for African Americans to put the police on trial? What would be the crime and the appropriate punishment?

Updated to include more than a thousand new quotations, this reader-friendly volume contains over twelve thousand famous quotations, arranged alphabetically by author and sourced from literature, history, popular culture, sports, digital culture, science, politics, law, the social sciences, and all other aspects of human activity. Contemporaries added to this edition include Beyonč, Sandra Cisneros, James Comey, Drake, Louise Gl k, LeBron James, Brett Kavanaugh, Lady Gaga, Lin-Manuel Miranda, Barack Obama, John Oliver, Nancy Pelosi, Vladimir Putin, Bernie Sanders, Donald Trump, and David Foster Wallace. The volume also reflects path-breaking recent research resulting in the updating of quotations from the first edition with more accurate wording or attribution. It has also incorporated noncontemporary quotations that have become relevant to the present day. In addition, The New Yale Book of Quotations reveals the striking fact that women originated many familiar quotations, yet their roles have been forgotten and their verbal inventions have often been credited to prominent men instead. This book's quotations, annotations, extensive cross-references, and large keyword index will satisfy both the reader who seeks specific information and the curious browser who appreciates an amble through entertaining pages

How does Justice Ruth Bader Ginsburg, one of the Supreme Court's favorite octogenarians, stay so active and energetic? She owes it in part to the twice-weekly workouts she does with her personal trainer, Bryant Johnson. Now, with the RBG Workout, you can exercise alongside Justice Ginsburg and Bryant. From planks to squats to (full) push-ups, this simple but challenging workout - illustrated with full-color illustrations of the justice in workout gear -- will have you getting fit in no time. With tips from the bench, and sidebars with Bryant's folksy wisdom on getting fit and staying healthy

"... this book conceives of sentencing as an ongoing governmental experiment in social control, involving irreducibly political choices and resource allocations, which has not gone very well in achieving desired outcomes. The huge human and financial expense of the nation's correctional system is surely one benchmark, but so too are high recidivism rates, the troubling lack of mental health care in the nation's prisons and jails, and continued racial disparities in corrections populations." -- Preface