Recent Acquisitions at the Marquette Law Library

"Overcoming Toxic Emotions is a compelling theme to enrich the restorative justice literature on the complex tasks of relational repair in a transitional society. With its emphasis on the centrality of "rebuilding trust" and renewing the mode of being together, this book is an innovative addition to the literature on justice in transitional societies. It offers an original assessment of the Nigerian experience of restorative justice in peacebuilding. This genuinely theological work opens new perspectives for a more adequate understanding of the Christian contribution to peacebuilding and the secular debate on restorative justice. Yet, the author expresses himself as an African theologian, paying attention to the specific context of the problems about transitional justice and integrating spontaneously the wisdom of his dual cultures--Yoruba and Christianity. With its attentiveness to victim perspectives, the book engages the traditional notion of divine omnipotence and vulnerability. The book rejects the notion of the fetish omnipotent God. It opts instead for an image of God as vulnerable, yet powerful in love, compelling, inspiring, and rallying us." -- Back cover

"Much ink has been spilled in recent years talking about political divides and inequality in the United States. But these discussions too often miss one of the most important factors in the divisions among Americans: the fundamentally unequal nature of the nation's housing systems. Financially well-off Americans can afford comfortable, stable homes in desirable communities. Millions of other Americans cannot. And this divide deepens other inequalities. Increasingly, important life outcomes--performance in school, employment, even life expectancy--are determined by where people live and the quality of homes they live in. Unequal housing systems didn't just emerge from natural economic and social forces. Public policies enacted by federal, state, and local governments helped create and reinforce the bad housing outcomes endured by too many people. Taxes, zoning, institutional discrimination, and the location and quality of schools, roads, public transit, and other public services are among the policies that created inequalities in the nation's housing patterns. Fixer-Upper is the first book to assess how the broad set of local, state, and national housing policies affect people and communities. It does more than describe how yesterday's policies led to today's problems. It proposes practical policy changes than can make stable, decent-quality housing more available and affordable for all Americans in all communities. Fixing systemic problems that arose over decades won't be easy, in large part because millions of middle-class Americans benefit from the current system and feel threatened by potential changes. But Fixer-Upper suggests ideas for building political coalitions among diverse groups that share common interests in putting better housing within reach for more Americans, building a more equitable and healthy country."-- Back cover

"This guide focuses on key issues in impact investing, including legal structure, measurement and reporting, forming an impact investment fund, and doing the deal. It also examines regional and country coverage using the comparative approach and drawing on the expertise of local experts across multiple jurisdictions." -- Publisher's website

"Critical Thinking presents, defines and explains the intellectual skills and habits of mind that comprise critical thinking and its relationship to social justice. Each of the sequential chapters includes detailed examples and learning exercises that guide the reader step by step from intellectual competency, to critical thinking, to cultural cognition, and to critical awareness necessary for social justice. The book documents and explains the scope of multiple crises facing society today, including environmental destruction, income and wealth inequality, large-scale human migration, and the rise of autocratic governments. It shows how critical thinking, cultural cognition, and critical awareness lead to the possibility of solutions grounded in social justice. All college students, especially those in the social sciences and humanities, will develop the intellectual skills necessary for critically engaging information in order to become active learners and effective agents in the world. This book complements information in introductory, interdisciplinary, or discipline-specific courses. Every chapter contains examples and exercises that can be assigned as homework, adopted as in-class activities, or both. The Conclusion also contains exercises for developing writing and basic mathematical competency skills"-- Provided by publisher

Jo Goodey offers a broad consideration of victims and victimology, addressing topics relating to the status, needs and understanding of victims of crime

"Transformative justice seeks to solve the problem of violence at the grassroots level, without relying on punishment, incarceration, or policing. Community-based approaches to preventing crime and repairing its damage have existed for centuries. However, in the putative atmosphere of contemporary criminal justice systems, they are often marginalized and operate under the radar. Beyond Survival puts these strategies front and center as real alternatives to today's failed models of confinement and "correction." In this collection, a diverse group of authors focuses on concrete and practical forms of redress and accountability, assessing existing practices and marking paths forward. They use a variety of forms--from toolkits to personal essays--to delve deeply into the "how to" of transformative justice, providing alternatives to calling the police, ways to support people having mental health crises, stories of community-based murder investigations, and much more. At the same time, they document the history of this radical movement, creating space for long-time organizers to reflect on victories, struggles, mistakes, and transformations. Featuring writing, tools and interviews by Alexis Pauline Gumbs, Kai Cheng Thom, Amita Swadhin, Audrey Huntley, Amanda Aguilar Shank, Janae E Bonsu of BYP100, Philly Stands Up (Esteban Kelly, Jenna Peters-Golden, Qui Dorian, Bench Ansfield and Beth Blum), Creative Interventions, Trans Lifeline, Bay Area Transformative Justice Collective, Oakland Power Projects, SOS Collective/Audre Lorde Project, Icarus Project/ Fireweed Collective, Raquel Lavina, Chris Lymbertos, RJ Maccani, Nathan Shara, Staci Haines, Georgia Latino Alliance For Human Rights, MIJENTE, Monica Sehovic Bowen Forrester, Elene Lam, Chanelle Gallant, Elisabeth Marie Long, adrienne maree brown, Adrian Cole, Yalini Dream, Shira Hassan, Mariame Kaba and Mimi Kim."-- Provided by publisher

"In this textbook, Clifford Dorne does a wonderful job of helping the reader understand the current range in paradigms of [American] justice, the dominant role of the current criminal system, and the growing momentum of a widely diverse restorative justice movement... He has developed a strong case that restorative justice theory and practices provide hope at a critical time when our juvenile and criminal justice systems are in need of being re-invented." --Back cover

Contents: What is restorative Justice? -- Principles of restorative justice -- Measuring results in restorative justice -- Can the process be too forgiving? : parole and determinate sentencing -- Faith, restorative justice and prison fellowship -- Bringing criminals to their victims -- What is just? : an examination of punishment and grace -- Linda's story, a memoir -- Linda's profile--and her integration back into society -- A global examination of restorative justice -- Family involvement in restorative justice -- Children and restorative justice -- A final analysis

Contents: Foreword -- Arguing and analysing the restorative justice literature -- Measuring the gap between the restorative justice theory and practice -- Pushing the barriers : findings from Survey III and IV on the application of restorative justice with hate crime and sexual offences -- Critical reflections -- Conclusion -- Appendix I. Original sample of Survey I -- Appendix II. Final sample of Survey I -- Appendix Sample of Survey II -- Appendix IV. Sample of Survey III & IV -- Appendix V. Chronology of sexual abuse cases against the North American Catholic Church

"Restorative Justice: Integrating Theory, Research, and Practice provides students, practitioners, and criminal justice professionals with a comprehensive introduction to restorative justice that combines theoretical foundations, guiding principles, empirical evidence, and real-world implementations of various restorative processes and practices. Through easy-to-navigate chapters, the authors present readers with information concerning how and why restorative practices are implemented within communities in order to expand and enhance conventional approaches to crime prevention, community building, and criminal justice. Though designed for the college classroom, this text is an ideal and accessible introduction for anyone interested in exploring the philosophy, evaluation, and application of restorative justice. In the second edition, the authors have added new boxed features, updated the text to reflect current information and statistics, and expanded chapters relevant to the implementation of restorative practices in justice systems, processes, and movements"-- Provided by publisher

"This book ties restorative justice into the exercise of patriarchal power. It is focused on the individual narratives of 15 girls and young women who have participated in a victim-offender restorative justice (RJ) conference and the perspectives of youth justice practitioners. Gender, Power and Restorative Justice expands feminist engagement with RJ by focusing critical attention on the importance of the social construction of gender, the exercise of power, shame, stigma, muting and resistance to girls' experiences of RJ conferencing. Drawing upon recent developments to the sociology of stigma and feminist perspectives on shame, the book contends that RJ conferencing can produce harmful implications for girls and young women who participate. Ultimately it is argued that anti-carceral, social policy alternatives, underpinned by feminist praxis, should replace a youth justice jurisprudence for girls. This book will be of particular use and interest to those studying modules on criminology, youth justice, criminal justice and social work courses." --Back cover

"Restorative Justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done. First published in 2002, Restorative Justice: Ideas, Values, Debates is renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime. The second edition includes a new chapter identifying and analysing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionise criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice's claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice"-- Provided by publisher

"Restorative justice is gaining acceptance for addressing harm and crime. Interventions have been developed for a wide range of wrongdoing. This book considers the use of restorative justice in response to sexual abuse. Rather than a blueprint or detailing a specific set of programs, it is more about mapping possibilities. It allows people to carefully consider its use in responding to violent crimes such as sexual abuse. Criminal justice approaches tend to sideline and re-traumatize victims, and punish offenders to the detriment of accountability. Alternatively, restorative justice centers on healing for victims, while holding offenders meaningfully accountable. Criminal justice responses tend to individualize the problem, and catch marginalized communities, such as ethnic minorities, within its net. Restorative justice recognizes that sexual abuse is a form of gender-based violence. Community-based practices are needed, sometimes in conjunction with, and sometimes to counteract, traditional criminal justice responses. This book describes impacts of sexual abuse, and explanations for sexual offending, demonstrating how restorative justice can create hope through trauma."-- Provided by publisher

"After several decades of working in the field of restorative justice, Paul Redekop concludes that punishment is a major obstacle to healthy societies, families, and schools. Punishment can be so damaging, cruel, and barbaric, especially to children, that it should be replaced with restorative discipline, and societies should move toward a punishment-free justice system." --Back cover

"People too often enter into conflict with an eye on how to resolve, manage, or transform it, thereby losing sight of the people involved and the end desired. Justice and peace too often serve as abstract ideals or distant shores. We have not yet learned enough about how these ends can also be the means of conflict resolution. Drawing on the imaginations of some leading peace and restorative justice practitioners, Justpeace Ethics identifies components of a justpeace imagination--the basis of an alternative ethics, where the end is touched with each step. In this simple companion to justpeace ethics, Jarem Sawatsky helps those struggling with how to respond to conflict and violence in both just and peaceful ways. He offers practical examples of how analysis, intervention, and evaluation can be rooted in a justpeace imagination." --Back cover

Contents: The emergence of restorative justice -- The core components of restorative justice -- Restorative justice processes and practices -- Reintegration into what? -- Needs-based justice as restorative -- The violence of power -- Postulates on responding to crime and social harm -- The personal foundations of restorative justice -- Restorative justice as a transformative process

Contents: Part 1. The Vision of restorative justice -- Visions and patterns : why patterns of thinking obstruct criminal justice reform -- Streams and structures : the creation of a new pattern of thinking -- Restorative justice : justice that promotes healing -- Part 2. The values of restorative justice -- Encounter -- Amends -- Reintegration -- Inclusion -- Part 3. The venture toward restorative justice -- Conceptual objections to restorative justice -- Practical objections to restorative justice -- Planning for restorative justice -- Toward a restorative system -- Transformation

"Restoring Justice: An Introduction to Restorative Justice, Sixth Edition, offers a clear and convincing explanation of restorative justice, a movement within criminal justice with ongoing worldwide influence. Restorative justice emphasizes repairing the harm caused or revealed by criminal behavior using cooperative processes that include all the stakeholders. The book presents the theory and principles of restorative justice, and discusses four cornerpost values: inclusion, encounter, repair, and cohesion, and strategies for implementation"-- Provided by publisher

"Does the criminal justice system actually help victims and offenders? What does justice look like for those who have been harmed? For those who have done harm? Twenty-five years after it was first published, Changing Lenses by Howard Zehr remains the classic text of the restorative justice field."--Amazon.com

"Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism-namely the rights of all individuals and constraints on state power-still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil. In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum"-- Provided by publisher

"This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world."--Provided by publisher

"Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support. The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of doctrinal knowledge, the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship. Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners." --Publisher's website

"Customary Justice and the Rule of Law in War-Torn Societies presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases--Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan--examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country"--Provided by publisher

Provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws."-- Provided by publisher

How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience -- Back cover

"The debate over reparations for transatlantic enslavement is not new. The movement for redress has a pedigree predating legal emancipation to the years of enslavement. It finds voice at the grassroots and filters up. It speaks through Belinda's 1783 petition to the Massachusetts legislature for an annual pension from the estate of her ex-captor. It underlies the thousands of signatures penned by previously enslaved persons on petitions demanding pensions for their years of unfree labour. It is written in André Rebouças' 1875 Democracia Rural Brazileira and in Brazil's 1884 Dantas Bill (No 48) calling for the granting of land to freed populations. It suffuses the continuing history of the transatlantic system of chattel enslavement from its inception. It is a persistent struggle championed by the subaltern against mainstream denials"-- Provided by publisher

"This book provides a comprehensive assessment of how national and international efforts to achieve carbon neutrality have been embraced as necessary to meet the requirements of the Paris Agreement as well as the needs of the planet. The author explores the increasing tensions between aspirations and entrenched practices as methods to implement carbon neutrality are devised, particularly at the national and sub-national levels. This is perhaps best typified by efforts to shift from "dirty" energy production, such as coal, to greener alternatives, which are often supported in laws and rules but opposed by society. To bridge this void, the concept of just transitions has increasingly come to the forefront of international and national focus yet is often poorly understood. This book examines the ways in which just transitions have been proposed as a legal and regulatory bridge to address issues that result in societal resistance to implementation. It uses past and existing practice studies of just transitions before providing an analysis of how just transitions can be used to not only to assist in the shift to carbon neutrality but also in new shifts such as those caused by the Covid-19 pandemic impacts on economy, environment and society, and to address future global challenges. Dr. Alexandra R. Harrington is a Lecturer in Law (Environment) at Lancaster University Law School. She has held two Fulbright terms in Canada at the Balsillie School of International Affairs, focusing on global governance issues. Dr. Harrington is the author and co-editor of several books, including International Organizations and the Law and International Law and Global Governance: Treaty Regimes and Sustainable Development Goals Interpretation. She routinely advises international organizations and governments on governance issues, environmental law, legal issues relating to climate change, sustainable development and international human rights law. A native of the United States and the United Kingdom, she holds a Doctorate of Civil Law (McGill University Faculty of Law), in addition to a JD, LL.M. and BA degrees in Politics and History." -- Back cover

"A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts -- including drug courts, community courts, domestic violence courts, and mental health courts -- do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world." -- Publisher's website

"Addressed to citizen, activist and scholar, Pieces of the Puzzle is a practical and wide-ranging guide to understanding the key social, political and cultural terms of transitional justice and reconciliation. What can a truth commission achieve? What can it not do? What is reconciliation exactly? Who benefits from restorative justice? How does the work of nation-building raise difficult questions about the dynamics of amnesty, reparation and the promotion of human rights? How do the pieces of the puzzle fit together? In this book, South African and interntional experts offer concise and direct replies to some of the most common questions and problems that appear when nations wracked by historical conflict begin the work of democratisation and reconstruction." --Back cover

"The content in this book, focuses on just the most important points that financial crime lawyers in London, New York, Los Angeles, or Washington are likely to encounter. The rationale for writing this book was to create a resource that many may have wished existed when they began a cross border practice: a holistic, easy-to-follow explanation of the American and British statutes and procedural rules that govern the investigation and prosecution of white collar crime, along with their key differences. The author has sought to present this information objectively, and hopes that it may be equally useful to those in law enforcement and other lawyers in private practice"-- Provided by publisher

"This book tells the story of Medellín v. Texas, showing how the Court's 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals"-- Provided by publisher

"Legal Research Demystified offers a real-world approach to legal research for first-year law students. The book guides students through eight steps to research common law issues and ten steps to research statutory issues. It breaks down the research steps and process into "bite-size" pieces for novice researchers, minimizing the frustration often associated with learning new skills. This text also gives students context, explaining why and when a source or finding tool should be used when researching the law. The process of legal research, of course, is not linear. This book constantly reminds students of the recursive nature of legal research, and it identifies specific situations when they may deviate from the research steps. Through the book's step-by-step approach, students will connect seemingly unrelated tools (e.g., citators and the Key Number System) and understand how to leverage them to answer legal questions. Every chapter includes charts, diagrams, and screen captures to illustrate the research steps and finding methods. Each chapter concludes with a "summary of key points" section that reinforces important concepts from the chapter. This book provides students and professors with multiple assessment tools. Each chapter ends with true-false and multiple-choice questions that test students' understanding of chapter content. These questions are replicated on the book's companion website, Core Knowledge. Students may answer these end-of-chapter questions, as well as more advanced questions, on Core Knowledge and receive immediate feedback, including an explanation of why the answer is correct or incorrect. Professors can generate reports to track students' performance. Based on students' performance, professors will know whether to review a topic in more detail or to move to the next topic. (New books contain an access code to Core Knowledge; students purchasing used books can buy an access code separately.)"-- Provided by publisher

"Introductory text on grammar and style for legal writers"-- Provided by publisher

Contents: Federal-tribal relations -- Tribal authority -- State-tribal relations -- Tribal economic development -- Indian country criminal jurisdiction -- Natural resources

Contents: The nature of property and property rights -- Personal property -- Humans, animals, and intellectual property -- Estates in land -- Concurrent owners -- Landlords, tenants, and housing -- Title, ownership, real estate transactions, and possession -- Private land use restrictions -- Government land use restrictions -- Takings

"Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim." -- Publisher's website

"State consumer protection law is a particular challenge to practitioners because there are significant differences in the laws of each state. This treatise has a chapter devoted to each of the fifty states and the District of Columbia, with nearly every chapter written by an attorney practicing in that state. ... This is the first of three volumes updating the former Consumer Protection Law Developments, which was last published in 2016." -- Publisher's website

"Trials before the Patent Trial and Appeal Board (PTAB), introduced to U.S. patent law by the Leahy-Smith America Invents Act, are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel. Now updated and significantly expanded, the new Third Edition of The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board is a concise resource for practitioners actively involved in managing the unique aspects of PTAB trials. Having handled several hundred PTAB proceedings, the authors share their practical experience in this developing area and provide a unique perspective for practitioners advising clients and planning strategy during PTAB trials." -- Publisher's website

Contents: Administrative, judicial, and constitutional aspects of environmental law -- Policy issues -- Common law remedies -- Environmental quality review -- Air quality -- Water pollution -- Solid and hazardous wastes -- Toxic substances -- Noise -- Fish and wildlife -- Land use -- Energy production and mineral extraction -- International aspects of environmental protection -- Innovations and trends

"Best Interests of the Student presents both a theoretical model for guiding educators as they confront legal and ethical dilemmas in their schools, as well as highly accessible and annotated court cases for exploration. The authors introduce an ethical decision-making model that focuses on strategies for determining what actions are in the "best interests of the student," and demonstrates the application of this theoretical model for examining legal and ethical dimensions of court cases. Discussion questions at the end of each case encourage readers to examine issues from differing viewpoints, helping them to become more self-reflective school leaders who can effectively address legal dilemmas in their own contexts. This important text is a valuable resource for both aspiring and practicing school administrators and leaders. This thoroughly revised edition features : an entirely new chapter on conceptual and empirical insights grounding our understanding of students' best interests 10 new legal cases reflecting recent developments in school law including educational needs of transgender students, immunity for student searches, conflicts between religious expression and free speech, educators' access to students' cell phone data, education for children of undocumented immigrants, and access to literacy as a fundamental right. A focus on preparing school leaders to meet the Professional Standards for Educational Leaders (PSEL). Updated information and references throughout to reflect current context, resources, and education policy"-- Provided by publisher

"In 1954 the U.S. Supreme Court ruled that state laws establishing racial segregation are unconstitutional, declaring "separate is inherently unequal." Known as a seminal Supreme Court case and civil rights victory, Brown v. Board of Education resulted from many legal battles that predicated its existence. Marisela Martinez-Cola writes about the many important cases that led to the culmination of Brown. She reveals that the road to Brown is lined with "bricks" representing at least one hundred other families who legally challenged segregated schooling in state and federal courts across the country, eleven of which involved Chinese American, Native American, and Mexican American plaintiffs. By revealing the significance of Chinese American, Native American, and Mexican American segregation cases, Martinez-Cola provides an opportunity for an increasingly diverse America to be fully invested in the complete grand narrative of the civil rights movement. To illustrate the evolution of these cases, she focuses on three court cases from California, including these stories as part of the "long civil rights movement," and thus expands our understanding of the scope of that movement along racial, gender, and class lines. Comparing and discussing the meaning of the other court cases that led to the Brown decision strengthens the standing of Brown while revealing all the twists and turns inherent in the struggle for equality"-- Provided by publisher

"Some wish the Founders had all agreed on a coherent vision for the United States, especially on how to interpret the Constitution. Such agreement has never existed, and Defining the Republic documents the dispute between two of the most important Founders: Alexander Hamilton and James Madison"-- Provided by publisher

"Adherents of originalism often present it as a theory that constrains legal decisions in a clear and objective manner, based on the original text of the Constitution and the intentions of the Framers-in contrast to the supposedly subjective and "activist" jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. The Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that the Court's three originalists have arrived at different conclusions in a large number of constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on a number of key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of bias and so-called judicial activism"-- Provided by publisher

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the United States often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. The contributors to this volume examine how and why the United States has engaged in each form of support across twelve issue areas that are central to twentieth- and twenty-first-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy in each of these areas, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond

"Before she became the "Notorious R.B.G." famous for her passionate dissents while serving as an associate justice of the United States Supreme Court, Ruth Bader Ginsburg made her most significant contributions as a lawyer who litigated cases on gender equality before the high court in the 1970s. Beginning with Reed v. Reed (1971)-for which Ginsburg wrote her first full Supreme Court brief, and which was the first time the Court held a sex-based classification to be unconstitutional-Ginsburg became known for her work on the issue of gender equality. For Ginsburg, this was not merely a matter of women's rights, because inequality harms men as well. Several of the cases she argued concerned gender equality for men, beginning with Moritz v. Commissioner of Internal Review (1972). Ginsburg established the Women's Rights Project at the ACLU in 1972 and also coedited the first law school casebook on sex discrimination as a professor at Columbia Law School. During the rest of the decade, until President Carter appointed her for the US Court of Appeals in 1980, she litigated cases that further developed gender equality jurisprudence on the basis of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964"-- Provided by publisher

"Celebrations of the "transgender tipping point" in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States"-- Provided by publisher

"This book provides an overview of relevant issues at the intersection of mental health and immigration law, including the legal context of immigration court, and cultural and forensic mental health assessment considerations, serving as a resource to mental health and legal professionals, as well as academics wishing to pursue scholarship in this area"-- Provided by the publisher

"Each year the public, media, and government wait in anticipation for the Supreme Court to announce big decisions. These opinions have shaped legal policy in areas as important as healthcare, marriage, abortion, and immigration. It is not surprising that parties and outside individuals and interest groups invest an estimated twenty-five to fifty million dollars a year to produce roughly one thousand briefs every year to communicate information to the justices, seeking to impact these rulings. Despite the importance of the Court and the information it receives, many questions remain unanswered regarding the production of such information and its relationship to the Court's decisions. Persuading the Supreme Court leverages the very written arguments submitted to the Court to shed light on both their construction and impact. Drawing on more than 25,000 party and amicus briefs filed between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys who have prepared and filed briefs before the Supreme Court, Morgan Hazelton and Rachael Hinkle have shed light on one of the more mysterious and consequential features of Supreme Court decisionmaking"-- Provided by publisher

"Citizen Justice: The Environmental Legacy of William O. Douglas-Public Advocate and Conservation Champion highlights William O. Douglas's dual role in fulfilling his constitutional duty as justice while catering to his personal commitment to serve the public as a citizen advocate"-- Provided by publisher

"The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. Scholars have portrayed Felix Frankfurter-Harvard law professor and Supreme Court justice-as a judicial failure, a liberal lawyer turned conservative justice, and Warren Court villain. Yet as Brad Snyder reveals, Frankfurter was a pro-government, pro-civil rights liberal. He helped found the ACLU, rejected shifting political labels, and practiced judicial restraint. A disciple of Oliver Wendell Holmes and a protégé of Louis Brandeis, he thrived as a power broker for FDR and as a talent scout for the liberal establishment. (Former students and clerks included Dean Acheson, Elliot Richardson, and Richard Goodwin.) This sweeping narrative illuminates how an Austrian immigrant befriended presidents from Theodore Roosevelt to Lyndon Johnson, led calls for a new trial for Sacco and Vanzetti, and helped achieve a unanimous opinion in Brown v. Board of Education. The result is a full and fascinating portrait of a lawyer and Supreme Court justice who championed democracy"-- Provided by publisher

"The 2022 Survey of Federal Class Action Law: A U.S. Supreme Court and Circuit-by-Circuit Analysis is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in federal circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective circuits and address changes in rules and statutes as well as significant case law." -- Publisher's website

"This is the eighth edition of a comprehensive, one-volume treatise on the Federal Rules of Evidence, which serves as a succinct yet scholarly analysis of the Evidence Rules for judges, practitioners, and students. The authors have focused on exploring the Rules with clarity and conciseness, integrating theory with a practical understanding of how these rules operate in the real world"-- Provided by publisher

Contents: Critical terms in criminal proceedings -- Matters related to federal sentencing -- Matters relating to traffic offenses -- Matters relating to immigration -- Terminologías esenciales en el proceso criminal -- Asuntos relacionados con la sentencia federal -- Asuntos relacionados con ofensas de tráfico -- Asuntos relacionados con migración

"The Commercial Office Lease Handbook: Second Edition provides a fuller understanding of each critical provision of an office lease: why it is included, why it is important to both the landlord and the tenant, and why and how to best negotiate it. The authors focus on the provisions of the standard printed office lease most commonly used in New York and compare that form with a more complex commercial office lease having the same structure. They offer practical insights about the perspectives of both landlord and tenant in the negotiating process, noting which clauses are essential and which, if not amended, may provide traps for the unwary. Although it examines two New York model forms, the book's practical comparative format, expert commentary, and negotiating tips are valuable tools for real estate practitioners in any jurisdiction." -- Publisher's website

Contents: Definition and characteristics of an easement -- Creation of easements -- Construction issues -- Drafting considerations -- Amendment and termination of easements -- Enforcement of easements -- Use of owners' associations to administer easements -- Restrictive covenants : considerations and construction -- Enforcement of restrictive covenants

Contents: Basic history and concepts of State and Federal wage and hour laws -- Coverage under minimum-wage and overtime laws -- Minimum-wage laws -- Overtime laws -- Record keeping -- Child labor laws and regulations -- Enforcement of minimum-wage and overtime laws -- Miscellaneous provisions -- Migrant and seasonal agricultural workers

Contents: Overview of fair-employment laws -- Proof of discrimination under WFEA -- Prohibited bases of discrimination under WFEA -- Other restrictions under WFEA -- Procedures under WFEA -- Procedures under federal and local fair-employment laws -- Remedies under WFEA -- Remedies under federal and local fair-employment laws -- Relationship between federal, state, and local fair-employment laws

Contents: Discrimination in hiring -- Recruiting, application forms, and interviews -- Credit reports and reference checks -- Testing and screening -- The hiring decision -- Types of termination -- Limitations on an employer's right to terminate -- The termination decision -- Termination payments -- Legal issues in providing references

"Advising the Evolving Family is the second of two books expanding on the State Bar of Wisconsin's earlier publication, Sexual Orientation and the Law, which was released shortly before the U.S. Supreme Court affirmed a constitutional right to same-sex marriage in Obergefell v. Hodges, 576 U.S. 644 (2015). In this book, now in its second edition, the State Bar of Wisconsin continues its expanded look at how this changed legal landscape affects all unmarried couples in the areas of estate planning, family formation, relationship termination, adoption and surrogacy, and domestic partnership status and availability. Additionally, we continue our development of these topics with an eye toward a large group of Americans -- the lesbian, gay, bisexual, transgender, and queer/questioning community -- whose specific interests and needs might not be clearly addressed in existing texts." -- page iii

"Sexual Orientation, Gender Identity, and the Law is the first of two books expanding on the State Bar of Wisconsin's earlier publication, Sexual Orientation and the Law, which was released shortly before the U.S. Supreme Court affirmed a constitutional right to same-sex marriage in Obergefell v. Hodges, 576 U.S. 644 (2015). As we go to print on this second edition, we find the landscape continuing to evolve. The need to address issues that arise in legal areas common to all people in the United States -- including employment, education, health, and safety -- has become even more crucial. This book continues its mission to focus on these issues as they affect those in our communities who identify as lesbian, gay, bisexual, transgender, and queer/questioning: individuals whose specific interests and needs might not be clearly addressed in existing texts." -- page iii

Contents: Preface: State v. Hughes -- An introduction to criminal law -- The purposes of criminal punishment -- Prosecutorial discretion and statutory interpretation -- Disorderly conduct & Antonicci case study -- The act requirement : voluntary acts and omissions -- Mental states -- Mistake -- Homicide -- Theft and related offenses -- Party to a crime -- Inchoate crimes -- Defenses -- Constitutional limits on criminal law -- Appendix A: Selected Wisconsin jury instructions - criminal -- Appendix B: Statutes -- Appendix C: State v. Antonicci : a case study.

"Proven to reduce bad behaviour and exclusions, and encourage happier, safer school environments, restorative justice is an effective approach to conflict resolution. Suitable for education settings from preschool to college, this guide explains what restorative justice is, how it can be used in schools, what it looks like in the classroom and how it can be implemented. Featuring case studies that illuminate the underlying restorative principles and practices, this book covers a wide range of topics from the basics of restorative justice, through to school-wide processes for embedding the approach in policy and practice. Drawing on the expertise of educators and consultants, this is a must-have resource for any school or centre that is serious about reducing bad behaviour and developing safer learning communities." -- Back cover