Recent Acquisitions at the Marquette Law Library

"This volume provides new insights on lying and (intentionally) misleading in and out of the courtroom, a timely topic for scholarship and society. Not all deceptive statements are lies; not every lie under oath amounts to perjury--but what are the relevant criteria? Taxonomies of falsehood based on illocutionary force, utterance context and speakers' intentions have been debated by linguists, moral philosophers, social psychologists and cognitive scientists. Legal scholars have examined the boundary between actual perjury and garden-variety lies. The fourteen previously unpublished essays in this book apply theoretical and empirical tools to delineate the landscape of falsehood, half-truth, perjury, and verbal manipulation, including puffery, bluffing, and bullshit. The papers in this collection address conceptual and ethical aspects of lying vs. misleading and the correlation of this opposition with the Gricean pragmatic distinction between what is said and what is implicated. The questions of truth and lies addressed in this volume have long engaged the attention of scholars in linguistics, philosophy, psychology, cognitive science, organizational research, and the law, and researchers from all these fields will find this book of interest." -- Publisher's website

"While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women's rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America's greatest speeches, for example, Lincoln's Second Inaugural and William Jennings Bryan's Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues."-- Publisher, page four of cover

"A brilliant synthesis of African and African-American history that shows how slavery differed in different regions of the country, and how the Africans and their descendants influenced the culture, commerce, and laws of the early United States"-- Provided by publisher

"Adolph L. Reed Jr.-- New Orleanian, political scientist, and, according to Cornel West, 'the greatest democratic theorist of his generation'-- takes up the urgent task of recounting the granular realities of life in the last decades of the Jim Crow South"-- Provided by publisher

"Miriam Thaggert illuminates the stories of African American women as passengers and as workers on the nineteenth- and early-twentieth-century railroad. As Jim Crow laws became more prevalent and forced Black Americans to 'ride Jim Crow' on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of Black female railroad travel: the travel narratives of Black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; Black middle-class women who sued to ride in first class 'ladies' cars'; Black women railroad food vendors; and Black maids on Pullman trains. Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or 'progress,' through her travel experiences"-- Provided by publisher

"A compelling case for reparations based on powerful, first person accounts detailing both the horrors of slavery and past promises made to its survivors. Katherine Franke makes a powerful case for reparations for Black Americans by amplifying the stories of formerly enslaved people and calling for repair of the damage caused by the legacy of American slavery. Repair invites readers to explore the historical context for reparations, offering a detailed account of the circumstances that surrounded the emancipation of enslaved Black people in two unique contexts, the Sea Islands of South Carolina and Davis Bend, Mississippi, Jefferson Davis's former plantation. Through these two critical historical examples, Franke unpacks intergenerational, systemic racism and white privilege at the heart of American society and argues that reparations for slavery are necessary, overdue and possible."--Publisher's website

"This book explores recurrent generational implications and ongoing challenges with land dispossession, relocation, reacquisition, governmental influences, and economic impacts to contemporary indigenous land cultures"-- Provided by publisher

"American Cartel is an unflinching and deeply documented dive into the culpability of the drug companies behind the staggering death toll of the opioid epidemic. It follows of a small band of DEA agents led by Joe Rannazzisi, a tough-talking New Yorker who had spent a storied 30 years bringing down bad guys, along with a band of lawyers led by West Virginia native Paul Farrell Jr. who fought to hold the drug industry to account in the face of the worst man-made drug epidemic in American history. It is the story of underdogs prevailing over corporate greed and political cowardice, persevering in the face of predicted failure, and how they found some semblance of justice for the families of the dead with the most complex civil litigation in American history. The lawyers and investigators discovered hundreds of thousands of confidential corporate emails and memos during courtroom combat with legions of white-shoe law firms defending the opioid industry. One breathtaking disclosure after another-from emails that mocked addicts to invoices chronicling the rise of pill mills--showed the indifference of big business to the epidemic's toll. Its narrative approach echoes work such as A Civil Action and The Insider, moving dramatically between corporate boardrooms, courthouses, lobbying firms, DEA field offices and Capitol Hill while capturing the human toll of the epidemic on America's streets. American Cartel is the story of those who were on the front lines of the fight to stop the human carnage. Along the way, they suffer a string of defeats, some of their careers destroyed by the very same government officials who swore to uphold the law, before they finally prevail over some of the most powerful corporate and political influences in the nation"-- Provided by publisher

"The goal of this book was to provide attorneys a complete financial resource to help make sound financial decisions and avoid costly mistakes so they can maximize their wealth and achieve financial independence"-- Provided by publisher

"Together Unbroken focuses on the histories, laws, policies, practices, and judicial cases that influence child welfare interventions and impact families. In questioning the traditional orientation and function of child welfare that is fraught with oppression and family separation, the book promotes a new framework for meeting the needs of children and their families and calls for systemic transformation that enables the ultimate reflection of safety, stability and well-being--the ability to heal. The survivors and advocates who courageously shared their stories show the human face of these often-abstracted issues." -- Publisher's website

"Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the 'republican form of government' the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. The authors demonstrate that reformers, legislators, and even judges working in this 'democracy-of-opportunity' tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. This book begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy"-- Provided by the publisher

"The United States Constitution recognizes the president as the sole legal head of the executive branch and thus the one in charge of the administration. Despite this constitutional authority, the president's actual control over administration varies significantly in practice from one president to the next. Through extensive empirical analysis, Patrick O'Brien argues that presidential control over administration operates as a historical variable and functions as a key component of policymaking. To explain the different configurations of presidential control that recur throughout history and to test the argument, this book develops a new theory and then traces the policymaking process in the domain of public finance across nearly a century of history, beginning with the Great Depression and ending with the first two years of the Trump presidency. O'Brien shows that the initial efforts of Obama and Trump to change the established course during a period of unified party control of the government were largely undercut-or "effectively blocked," respectively-by their own limited control over administration. Due to factors such as time, knowledge, government structure, and incentives, O'Brien demonstrates that presidential control over administration conforms to four configurations that recur in succession: collapse, innovation, stabilization, and constraint. He then shows how these configurations played out in the New Deal, Reagan, and Great Recession eras, thus providing readers with an empirically tested theory for how unilateral and legislative policymaking differs over time. Presidential Control over Administration is a groundbreaking contribution to our understanding of the presidency and policymaking"-- Provided by publisher

"Over one hundred years ago, women organized to fight for a federal suffrage amendment. But many suffragists were fighting for much more than the vote. The suffrage movement included individuals who represented a wide range of genders and sexualities. It also included a variety of queer relationships. But, suffrage leaders concerned with presenting a respectable public image concealed the queerness of the suffrage movement. This resulted in greater policing of suffragist behavior as suffrage leaders, many of them queer themselves, publicly conformed to gendered views of acceptable appearance and behavior. The problematic effect was to erase the queer history of the movement. Instead suffrage leaders reinforced a patriarchal, heteronormative, cisgender standard of ideal femininity in order to make suffragists and women's suffrage more palatable to the public. The legacy of queer suffragists, however, could not be so easily erased. This book explores how queer women led the suffrage movement while challenging heteronormative concepts of domesticity, family, space, and death in both subtly subversive and radically transformative ways. This book also highlights the alliances that queer suffragists built and the innovative strategies they developed to protect and preserve their most intimate relationships - relationships that were ultimately crucial to the success of the suffrage movement"-- Provided by publisher

"Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"-- Provided by publisher

This open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators

Family law encompasses legislation related to domestic relationships--marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace--in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research

"This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work"-- Provided by publisher

"Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law." -- publisher's website

High conflict mediation requires a paradigm shift from traditional mediation--high conflict experts Bill Eddy and Michael Lomax show you how. Over the past ten years the authors have been developing and practicing tips for managing high conflict clients in mediation, which is now a fully developed new method called New Ways for Mediation®.Mediating High Conflict Disputes gives all of the little tips which any mediator can use, as well as the step-by-step structure of the New Ways for Mediation method for those who want to have better control of the process in high conflict cases--or any cases

"The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime." -- Back cover

"The aim of this book is to link up the two ages of papal decretals, c. 400 and c. 1200, by looking at the causes and effects of the documents edited and translated [in] "Papal Jurisdiction c. 400: Sources of the Canon Law Tradition". First the causes: in late Antiquity, why were papal rulings requested in the first place? Then the effects: the continuation by later bishops of Rome, above all Leo I and Gelasius I, of the pattern set in the first fifty years of papal jurisprudence; the incorporation in canon law collections of those early rulings; and their subsequent reception up to the mid-thirteenth century"-- Provided by publisher

Contents: Volume I. 1572-1579 -- Volume II. 1579-1588

"The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize-winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court's decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States."--Amazon

"A once idyllic American landscape is home to a closely knit, rural community that, for more than a generation, has battled the polluting practices of large-scale farming that had been making them sick and damaging their homes. After years of frustration and futile attempts to bring about change, an impassioned cadre of local residents, led by a team of intrepid and dedicated lawyers, brought suit against one of the world's most powerful corporations-and, miraculously, they won. As vivid and fast-paced as a novel, Wastelands takes us into the heart of a legal battle over the future of America's farmland, and into the lives of the people who found the courage to fight. With unparalleled entrée in the courtroom, Corban Addison captures the stirring and unforgettable struggle to bring a modern-day monopoly to its knees, to force a once invincible power to change, to vindicate the rights of a long-suffering community, and finally to restore their heritage"-- Provided by publisher

"Do you believe that "thinking like a lawyer" is an important professional skill, but by no means all that there is to being a lawyer? Do you think that being a professional calls for the development of a wide range of competencies? Do you seek to understand those competencies better? Do you think that being a professional should involve the exploration of the values, guiding principles and well-being practices foundational to successful legal practice?"-- Provided by publisher

"As I've worked coaching lawyers over the last decade or so, I've seen that for the most part they are as unprepared to guide their own careers as I was when I graduated from law school in 1988. They, too, feel the tension between who they are deep down and who their workplaces are asking them to be. Helping those who practice law to resolve that tension and have the life and career they see for themselves is why I became a coach and why I wrote this book. From my own experience and from working with clients, I now have developed a framework like the one I used to so many years ago, but it's specific to a career in law. This set of ten laws-laws no one ever taught us in law school-has taken hundreds of my clients and their careers from default to design"-- Provided by publisher

"This compilation of essays, articles and research provides a clear and concise overview of many of the complexities of public sector ethics, including post-employment restrictions on government employees, whistle-blowing, pro bono work, regulation of honoraria, royalties and travel reimbursements, financial disclosure filing requirements, gift giving, conflicts of interest, and issues in enforcement of local ethics law." -- Publisher's website

America's legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: The philosophical basis for judgments about rights and justice; The problems of overcriminalization and mass incarceration; Abuse of power by police and prosecutors; The injustice of plea bargaining; The appropriateness of jury nullification; The authority of the law, or the lack thereof. Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy

"In this book, the authors explore the many ways that menstruation makes a difference in law and life in the United States. The book looks at cultural attitudes toward menstruation, the tampon tax, the need for accessible products in schools, prisons, and other public buildings, employment discrimination matters, health and environmental concerns, the complex market for menstrual products, and the ways similar issues at the intersection of menstruation and law arise in other countries. This book asks what the law currently says about menstruation (spoiler alert: not much, at least not explicitly) and lays out concrete suggestions for legal reform. The authors aim to transform the law and society so that every person can participate fully in all aspects of public and private life, without regard to the involuntary biological process of menstruation"-- Provided by publisher

"Cost-Effective Child-Custody Litigation is an invaluable guide for family law attorneys looking for cost saving tips to help advocate for clients." -- Publisher's website

"The second edition has a new lead author, and her expertise takes The Lease Manual to the next level. The Lease Paragraphs have been updated to those used in more contemporary Leases and the author has provided a fresh analysis of those Paragraphs along with additional Compromises and Alternatives"-- Provided by publisher

"This Book endeavors to provide the reader with an understanding of the basic concepts of real estate finance provisions that a lawyer must know and understand in order to provide effective counsel to borrowers in the context of closing a commercial real estate loan. This goal will be accomplished through the detailed analysis of key provisions contained in real estate mortgages and several other key mortgage loan documents. Lawyers new to the practice of real estate finance can benefit greatly from a highly practical evaluation of these key provisions, because in most instances they represent very important aspects of a mortgage transaction. This Book uses many provisions that were previously utilized in the Federal National Mortgage Association ("Fannie Mae") Deed of Trust form for multifamily housing, but this Book embellishes on those provisions and adds others that are also commonly used in commercial real estate loan transactions. In addition, this Book examines a number of other key loan documents that are often used in commercial real estate transactions. The goal in undertaking these examinations is to expose new lawyers to loan provisions that are now commonly used in commercial real estate loan documentation. In selecting these provisions, I have made a few assumptions, for several reasons. First, the loan provisions used in this Book contemplate that the mortgaged property is an income-producing property, as distinguished from a loan secured by a residence that the borrower would live in and which would not generate any income. A number of these provisions thus relate to the "commercial" nature of the property, such as the treatment of property rents. Second, unlike provisions contained in forms that some counsel for lenders have created and use for their first draft in a loan negotiation, the loan provisions used in this Book are relatively evenhanded and sometimes contain points that the borrower's counsel would want to seek on behalf of his/her client. When applicable, I have attempted to point out advantages and deficiencies contained in any of these provisions that could be utilized if the reader were to be engaged as counsel representing a borrower in a mortgage loan transaction, and also to give the reader strategies for use when negotiating these provisions. As indicated earlier, this Book is organized around the provisions of a mortgage and several other key documents, including the Letter of Intent, Closing Agenda, Note, and Carve Out Guaranty. Each part of this Book sets forth an introduction to, and then the verbatim text of, a specific provision of a given key loan document (which is set out in italic type), immediately followed by commentary on the italicized provision. My commentary explains what the applicable italicized loan provision means, what functions the provision serves, and any problems with the application or enforcement of the provision from a lender's or borrower's perspective. The commentary includes basic information that any lawyer new to mortgage transactions would find helpful, including potential pitfalls to watch out for from a borrower's counsel perspective, as well as suggested approaches for dealing with such pitfalls. This commentary also provides a thorough analysis that even a lawyer who is well-seasoned in commercial mortgage loan practice would find useful. At the end of this Book, in the Appendix section, I have included a full form Letter of Intent, Closing Agenda, Mortgage and Security Agreement, Note, and a form of "Bad-Boy" Carve Out Guaranty. Each of these Appendix documents includes all of the applicable provisions that have been included as an italicized excerpt in each applicable Section of this Book, so the reader can use them to better follow how these provisions fit into an actual document. This Book can be read cover to cover, especially by someone new to the practice of commercial real estate mortgage transactions. I hope that this Book will provide useful insight both to lawyers handling their first mortgage transactions and to more seasoned mortgage lawyers looking for a useful reference source"-- Provided by publisher

"This work presents a thorough overview of the law of real estate finance. It covers introductory matters, the mortgage market, real estate financing devices, the underlying obligation, mortgaged property, transfer of both the mortgagor's interest and the mortgagee's interest, and financing cooperatives and condominiums. It reviews the government involvement in the financing process. In addition, the volume provides an expansive review of rights and obligations after default and before foreclosure, priorities and foreclosure. It covers the tax consequences of the acquisition, owning and disposition of real estate. Legal principles and relevant caselaw are stated along with their underlying theories to enhance understanding of the law of real estate finance." -- Publisher's website

"This book explores the history and basics of the Uniform Partition of Heirs Property Act (UPHPA), adopted in 19 jurisdictions so far in every region of the country and introduced in at least seven more in 2021 alone, and the ongoing efforts to prevent the loss of family land and homes across generations"-- Provided by publisher

Contents: The standard American Land Title Association (ALTA) forms -- Negotiating additional coverage -- Enhanced policies of title insurance -- Other title insurance coverage -- Regulatory and statutory limitations -- Underwriting risks -- Evaluating risks -- Analysis of the ALTA owner's and loan policies

"Restitution, a vital means of redress in unjust enrichment cases, is a fundamental legal principle manifested explicitly in contract, tort, and much of the common law, and increasingly, in courts' analysis of statutes on related topics. This new edition offers insightful analysis of principles and practical, expert advice about available remedies in a wide range of actions. The Law of Restitution gives you powerful strategies for cases involving such elements or allegations as: withdrawal of professional services; disputes between contractors and subcontractors; void leases; foreclosure; fraudulent bank conduct; securities fraud; copyright, patent, or trade secret infringement and appropriation; breach of advertising, consulting, or franchise contracts; unjust enrichment of third-party beneficiaries and property rights after death and divorce. You'll also find representative cases and pleadings in abundance, to help you plan your client's position and strategy. Note: Online subscriptions are for three-month periods." -- Publisher's website

"The surprising story of the fitful development of the right to privacy--and its battle against the public's right to know--across American history. There is no hotter topic than the desire to constrain tech companies like Facebook from exploiting our personal data, or to keep Alexa from spying on you. Privacy has also provoked constitutional crisis (presidential tax returns) while Justice Clarence Thomas seeks to remove the protection of journalists who publish the truth about public officials. Is privacy under deadly siege, or actually surging? The answer is both, but that's doubly dangerous, as legal expert Amy Gajda proves. Too little privacy means that unwanted exposure by those who deal in and publish secrets. Too much means the famous and infamous can cloak themselves in secrecy and shut down inquiry, and return us to the time before movements like Black Lives Matter and #MeToo opened eyes to hidden truths. We are not the first generation to grapple with that clash, to worry that new technologies and fraying social mores pose an existential threat to our privacy while we recognize the value in knowing certain things. Seek and Hide carries us from the Gilded Age, when the concept of a right to privacy by name first entered American law and society, to now, when the law allows a Silicon Valley titan like Peter Thiel to destroy a media site like Gawker out of spite. Disturbingly, she shows that the original concern was not about intrusions into the lives of ordinary folks, but that the wealthy and powerful should not have their dignity assaulted by the wretches of the popular press like Nellie Bly. Alexander Hamilton argued both sides of the issue depending on what it was being known, and about whom. The modern right is anchored in a landmark 1890 essay by Louis Brandeis before he joined the Supreme Court, where he continued his instrumental support for the "privacies of life." In the 1960s, privacy interests gave way to the glory days of investigative reporting in the era of Vietnam and Watergate. By the 1990s we were on our way to today's full-blown crisis of privacy in the digital age, from websites to webcams and the Forever Internet erasing our "right to be forgotten." Or does it? We stand today at another crossroads in which privacy is widely believed to be under assault from every direction by the anything-for-clicks business model and technology that can record and report our every move. This timely book reminds us to remember the lessons of history: that such a seemingly innocent call can also be used to restrict essential freedoms to a democracy--because it already has"-- Provided by publisher

"Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights."

The purpose of this book about executive compensation is to provide those who do not frequently interface with, or practice executive compensation, with the tools to navigate this complex area of law in a user-friendly manner. As you will see, executive compensation is more complex than many practitioners anticipate initially. Therefore, this book will provide an overview of many key areas of the law, and will highlight opportunities and pitfalls that are common in executive compensation. The book will not, however, serve as a single comprehensive source of the law - as that would take many more volumes of text. Rather, it highlights the most essential rules and laws that you should be familiar with when navigating an executive compensation matter

"This book explores the extent of parallelism and cross-influence between Catholic Social Teaching and the work of the world's oldest human rights institution, the International Labour Organisation (ILO). Sometimes there is a mutual attraction between seeming opposites, who in fact share a common goal. This book is about just such an attraction between a secular organisation born of the political desire for peace and justice, and a metaphysical institution much older founded to bring peace and justice on earth. It examines the principles evident in the teachings of the Catholic Church and in the secular philosophy of the ILO; together with the theological basis of the relevant provisions of Catholic Social Teaching and of the socio-political origins and basis of the ILO. The spectrum of labour rights covered in the book extends from the right to press for rights, i.e., collective bargaining, to rights themselves - conditions in work - and on to post-employment rights in the form of social security and pensions. The extent of the parallelism and cross-influence is reviewed from the issue of the Papal Encyclical of Pope Leo XIII De Rerum Novarum (1891) and from the founding of the International Labour Organisation in 1919"-- Provided by publisher

"This monograph covers what a copyright is, what can be copyrighted, ownership of copyright, the Digital Millennium Copyright Act, duration of a copyright, statutory formalities of copyright, infringement, fair use, remedies, and criminal offenses." -- Publisher's website

"This book, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, is an in-depth resource for learning about and planning for ANDA litigations and all the different avenues that the pharmaceutical litigants could follow"-- Provided by publisher

"Ten years ago, the United States Supreme Court struck down two local school board initiatives meant to reverse extreme racial segregation in public schools. The sharply divided 5-4 decision in Parents Involved in Community Schools v. Seattle School District marked the end of an era of efforts by local authorities to fulfill the promise of racially integrated education envisioned by the Supreme Court in 1954 in Brown v. Board of Education. In a searing landmark dissent, Justice Stephen Breyer warned this was "a decision the Court and the Nation will come to regret." A decade later, the unabated resegregation of America's schools continues to confirm Justice Breyer's fears, as many schools and school districts across the country are more racially segregated today than they were in the late 1960s. Edited and introduced by Justice Breyer's former law clerk--and accompanied by a sobering update on the state of segregated schools in America today--this volume contains the full text of Justice Breyer's most impassioned opinion, a dissent that Justice John Paul Stevens called at the time "eloquent and unanswerable." The cautionary words of Justice Breyer should echo in classrooms across the country and in the hearts and minds of parents and schoolchildren everywhere."--Amazon.com

"A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward.Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism--the nation's first ever--has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power.In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be." -- Publisher marketing

"One standard story about America is rooted in the Declaration of Independence and the Constitution. Another story concerns America's moment of reckoning after the Civil War, when it was possible to believe that the country would transcend its racist roots. Kermit Roosevelt III argues here that today, with the country increasingly riven along violent divides, we can find a path forward by shifting our benchmarks from the first story, which fostered the Confederacy, to the second. America doesn't need to find a new usable past; it already has one: we don't live in the Founders' America-we live in Lincoln's"-- Provided by publisher

"Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights." -- Publisher's website

"Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. Constitutional Law for a Changing America draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, the authors streamline material while accounting for recent landmark cases and new scholarship. The Eleventh Edition continues well-loved features such as clear delineation between commentary and opinion excerpts, a 'Facts' and 'Arguments' section before every case, a superb photo program, 'Aftermath' and 'Global Perspective' boxes, and a wealth of tables, figures, and maps"-- Provided by publisher

A conservative Supreme Court is poised to roll back many progressive achievements, from affirmative action to abortion. In the forum that opens Rethinking Law, legal scholars Joseph Fishkin and William E. Forbath argue that the left must stop thinking of the law as separate from politics. Instead, we must recover a lost progressive vision, a "democracy of opportunity," that sees the public--not the judiciary--as the ultimate arbiter of what the Constitution means. Offering a nuanced picture of the relationship between law and politics, other essays in Rethinking Law further explore the meaning of law beyond the Constitution and the courts. They look to social movements, including civil rights and LGBTQ rights, for lessons about social transformation. While contributors debate the limits of law in a vastly unequal society, they agree that it remains an essential resource for building a more just world.--Publisher's website

"In 1991, during George H. W. Bush's Presidency, the U.S. Coast Guard stopped a leaky Haitian fishing boat carrying 161 Haitians and 2 Cubans who the Haitians had picked up in a gesture of brotherhood. Two years later, when Bill Clinton was President, a boat carrying seven Cubans and ten Haitians landed in Florida. All those aboard the boats wanted to come to the land of opportunity. They arrived, however, without U.S.-granted immigration visas. The Immigration and Naturalization Service, nonetheless, admitted the Cubans. In contrast, the Haitians were whisked off to detention facilities. Almost all were repatriated. The Clinton Administration refused to admit the Haitians even though Clinton had promised during his campaign that, if elected, he would end the George H.W. Bush Administration's cruel practice of sending unauthorized Haitians back to a brutal dictatorship. With the support of Haitian voters, Clinton hoped to make President Bush, running for reelection, a one-term president. Clinton succeeded in winning the election, but even before taking office he announced that he would continue to enforce Bush's Haitian repatriation policy. How could the Presidents treat Cubans and Haitians so differently?"-- Provided by publisher

"Rebuilding Expertise traces the decline in the reality of and public trust in federal bureaucratic expertise, and offers a step-by-step, practical roadmap for rebuilding the quality of federal regulation and Americans' faith in their regulatory apparatus"-- Provided by publisher

"This Understanding treatise is designed to help the reader grasp the fundamental concepts of administrative law. Understanding Administrative Law addresses both the role of administrative agencies in our system of government, the process of administrative decisionmaking, and judicial review of agency action. As appropriate, it touches on the substance of the laws that agencies are called upon to implement and administer. As students study the topic of administrative law and later enter into legal practice, they will find that substance of the laws that agencies administer and the procedures they follow in performing that function become more and more intertwined and, in many instances, become almost inextricable. An awareness that there is no bright line between substance and procedure, particularly in the context of an administrative agency, is especially helpful to a thorough understanding of administrative law. Additionally, this book includes recommendations for identifying administrative law issues and tools for organizing the reader's thinking once an issue has been identified. Understanding Administrative Law highlights the manner in which a client's issues may move through a typical agency and the manner in which lawyers cope with the various stages of client representation before administrative agencies. Additionally, this volume identifies trends in judicial review of agency action, including an evolving jurisprudence regarding the nondelegation doctrine, agency design, and judicial deference to agency interpretations of law. The seventh edition discusses recent cases and provides extensive citations to law review articles and other resources for readers who wish to study further topics covered by the volume"-- Provided by publisher

"The tax code is increasingly differentiating and making more complex the obligations and rights of immigrant taxpayers, especially after the enactment of the PATH Act and the Tax Cuts and Jobs Act, which makes representing immigrant taxpayers increasingly difficult. Tax Issues for Immigrants expands on a chapter in Effectively Representing Your Client Before the IRS to explore issues that arise for immigrant taxpayers, their spouses, and their dependents, introducing readers to how the tax code treats different types of immigrants. It also examines how the tax code treats resident and nonresident taxpayers and taxpayers with spouses and/or dependents in foreign countries. The book looks at how the tax code treats taxpayers, spouses, and dependents with ITIN numbers, including their eligibility for dependent exemptions, head of household filing status, and anti-poverty tax credits. It also provides general information about the immigration consequences for filing or non-filing of returns, as well as nonpayment of taxes. And it discusses taxpayer language access rights as it relates to communicating with the IRS." -- Publisher's website

"Understanding Nonprofit and Tax Exempt Organizations is a guide for the law student or practitioner who is looking to understand the law governing the nonprofit, tax exempt sector. This text deals with the many types of tax exempt organizations; the rules, regulations and limitations imposed on tax exempt organizations by the courts, the Internal Revenue Code (IRC) and the Treasury Regulations (Regulations); the charitable contribution and fundraising issues affecting tax exempt organizations; the unrelated business income tax, excise taxes and intermediate sanctions imposed on tax exempt organizations; and the rules regarding private foundations. In light of the Tax Cuts and Jobs Act of 2017, this new Third Edition includes a more detailed chapter on Churches and religious organizations, reflecting recent changes in the law overall for charitable nonprofit organizations and sets out new IRS online filing and reporting requirements put in place during the pandemic. The Third Edition of Understanding Nonprofit and Tax Exempt Organizations begins with an introduction to nonprofit organizations by discussing the relevant law in general, as nonprofits are governed by state law. Next, tax exempt organizations are discussed, by first giving the reader the background on where such organizations fit in the nonprofit sector; why the organizations are given preferential tax treatment; what form these organizations take; and how such organizations are governed and dissolved. The Third Edition also provides detailed explanations of the various rules, regulations and tests organizations must follow in order to obtain or retain their tax exempt status as well as the consequences for failure to comply and looks at the court created commerciality and public policy doctrines"-- Provided by publisher

"Study guide for the law school course on corporate taxation Audience: Upper level law school students taking a corporate tax course"-- Provided by publisher

As a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This collection of essays chronicles and evaluates the remarkable achievements she has made over the past half century. Readers will discover diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career, creating an impressive legacy of one of the most important figures in modern law

"The new edition updates the book with new developments, and also improves it. Several of the chapters have been substantially rewritten with the goal of providing more depth and understanding, and this book focuses on practical advice for lawyers who must tackle the sometimes confounding technicalities of the CAFA in the real world"-- Provided by publisher

"Because of the dynamic nature of sexual assault litigation, current knowledge, principles, and approaches can easily become outdated. Stay on top of the latest developments in this area with Sexual Assault Trials, the only book of its kind written by an active trial practitioner. Covering virtually all aspects of sexual assault trials, this resource is a complete handbook for anticipating and fulfilling the special demands of sexual assault cases." -- Publisher's website

"Since 9/11, countering the financing of terrorism has been a significant policy priority of U.S. and international security agencies. As terrorist groups and tactics evolve, government authorities and the private sector have focused on preventing financial and commercial systems from being leveraged and abused to fund terrorist activities. Former leading governmental officials and experts from the private sector and academia have collaborated on this scholarly compendium, in which they discuss the key laws and strategies used to thwart the financing of terrorism. The book follows a logical progression of relevant topics that fosters a better understanding of this dynamic challenge"--Publisher's website

"Drawing on extensive legal data to address an understudied fairness flaw in the criminal justice system, this book details how pretrial detention drives guilty pleas and fuels mass incarceration-especially of Black Americans"-- Provided by publisher

"This monograph illuminates the connections between juvenile defense policies and the racially disparate impact of the juvenile justice system. The limited data that exist on youth in the juvenile justice system consistently depict disparate contact and outcomes for black youth across the system. The broad rehabilitative goals of the U.S. juvenile justice system, along with the "best interest" legal standard of the child welfare system, muddle the protection of youth due process rights. States differ widely in their policies granting defense counsel, and many policies lack specific language for policies addressing notions such as appointment timing, duration of representation, waiver criteria, and role of counsel. Using a combination of legal and sociological research methods, this book examines the lack of specificity in the language of juvenile defense policies and connects the dots between this deficiency with the racially disparate impact of the system, contextualizing findings within a broader theoretical constructs of race and law. The author introduces common elements of juvenile defense policies, describes their impact, and makes suggestions for strengthening defense counsel policies. The book concludes with a call to action regarding expanded data-collection practices for juvenile delinquency courts. This book is essential reading for those engaged in youth and juvenile justice efforts and scholars interested in issues surrounding due process, race, class, social policy, and justice"-- Provided by publisher

"From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the Church and medieval marriage, and what this reveals about both institutions"-- Provided by publisher

"The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book's contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields"-- Provided by publisher

Contents: Organization of the Internal Revenue Service -- Practice before the Internal Revenue Service -- Ethical responsibilities : prohibitions and duties regarding practice -- Examination of returns -- Large case audits -- Partnership audit procedures -- Investigative authority of the Internal Revenue Service -- Evidentiary privileges -- Access to Internal Revenue Service information -- Assessment procedures -- Statute of limitations on assessment -- Interest and penalties -- The appeals office -- The collection process -- Claims for refund -- Private letter rulings and determination letters -- International tax practice and procedure -- Criminal tax procedure

"Practical Guide to U.S. Taxation of International Transactions provides readers with a practical command of the tax issues raised by international transactions and how those issues are resolved by U.S. tax laws. The book emphasizes those areas generally accepted to be essential to tax practice. The book is written primarily as a desk reference for tax practitioners and is organized into four parts. Part I provides an overview of the U.S. system for taxing international transactions, and also discusses the U.S. jurisdictional rules and source-of-income rules. Part II explains how the United States taxes the foreign activities of U.S. persons, and includes chapters on the foreign tax credit, deemed paid foreign tax credit, anti-deferral provisions, foreign currency translation and transactions, export tax benefits, planning for foreign operations, and state taxation of foreign operations. Part III describes how the United States taxes the U.S. activities of foreign persons, including the taxation of U.S.-source investment-type income and U.S. trade or business activities, as well as planning for foreign-owned U.S. operations. Finally, Part IV covers issues common to both outbound and inbound activities, including intercompany transfer pricing, tax treaties, cross-border mergers and acquisitions, and international tax practice and procedure." -- Publisher's website

"Each year, a handful of tax issues typically require special attention by tax practitioners. The reasons vary, from a particularly complicated new provision in the Internal Revenue Code, to a planning technique opened up by a new regulation or ruling, or the availability of a significant tax benefit with a short window of opportunity. Sometimes a developing business need creates a new set of tax problems, or pressure exerted by Congress or the Administration puts more heat on some taxpayers while giving others more slack. All these share in creating a unique mix that in turn creates special opportunities and pitfalls in the coming year and beyond." -- Introduction