Recent Acquisitions at the Marquette Law Library

"This book is accessible to those new to the topic, while at the same time being beneficial to experienced researchers, and will appeal internationally to practitioners, students, and anyone interested in restorative justice, law, peace building, and religious studies."--Jacket

Drawing on his experience as a lawyer, Russell Marks makes a case for restorative justice and community correction, whereby offenders are obliged to engage with victims and make amends as an alternative to the present unsatisfactory situation

This book analyses efforts to advance the rights of Indigenous People within peace-building frameworks: Section I critically explores key issues concerning Indigenous Peoples' Rights (struggles for land, human, cultural, civil, legal and constitutional rights) in connection with key approaches in peace-building (such as nonviolence, non-violent strategic action, peace education, sustainability, gender equality, cultures of peace, and environmental protection). Section II examines indigenous leaders and movements using peace and non-violent strategies, while Section III presents case studies on the successes and failures of peace perspectives regarding contributions to/ developments in/ advancement of/ barriers to the rights of Indigenous Peoples. Lastly, Section IV investigates what advances have been achieved in Universal Indigenous Peoples' Rights in the 21st century within the context of sustainable peace

This analysis of the human rights to safe drinking water and sanitation (HRtWS) uncovers why some groups around the world are still excluded from these rights. Léo Heller, former United Nations Special Rapporteur on the human rights to water and sanitation, draws on his own research in nine countries and reviews the theoretical, legal, and political issues involved. The first part presents the origins of the HRtWS, their legal and normative meanings and the debates surrounding them. Part II discusses the drivers, mainly external to the water and sanitation sector, that shape public policies and explain why individuals and groups are included in or excluded from access to services. In Part III, public policies guided by the realization of HRtWS are addressed. Part IV highlights populations and spheres of living that have been particularly neglected in efforts to promote access to services

"Chief Standing Bear of the Ponca Nation faced arrest for leaving the U.S. government's reservation, without its permission, for the love of his son and his people. Standing Bear fought for his freedom not through armed resistance but with bold action, strong testimony, and heartfelt eloquence. He knew he and his people had suffered a great injustice. Standing Bear wanted the right to live and die with his family on the beloved land of his Ponca ancestors, located within the Great Plains of Nebraska. In telling his story, Standing Bear's Quest for Freedom relates an unprecedented civil rights victory for Native Americans: for the first time, in 1879, a federal court declared a Native American to be a "person"-a human being with the right to file an action for a redress of grievances in a federal court, like every other person in the United States. Standing Bear's victory in Standing Bear v. Crook began a national movement of reforming Native American rights-albeit a slow one. Because of the courage and leadership of Chief Standing Bear, the pervasive spirit of indifference of most Americans toward Native Americans was disrupted by this historic decision. America would never be the same"-- Provided by publisher

A brief history of sustainable development -- Basic principles for applying sustainable development -- Lawyers' responsibilities to clients and the public good -- How lawyers use sustainable development in law practice -- Getting started on sustainable development leadership -- Giving effective advice on sustainable development -- Sustainable development lawyers as systems leaders in legal work -- Sustainable development lawyers as systems leaders in the workplace -- Sustainable development lawyers as systems leaders in communities -- The rewards and frustrations of sustainable development work in law practice -- The future of sustainable development in law practice

"In 1776, Thomas Paine declared the end of royal rule in America. Instead, "law is king," for the people rule themselves. Paine's declaration is the dominant American understanding of how political power is exercised. In making law king, lawyers became integral to the exercise of political power, so integral to law that one legal ethics philosopher has concluded, "lawyers are the law" in the United States. Lawyers, particularly private practice lawyers, have defended the exercise of this power by arguing they serve the public interest as well as the interests of their paying clients and, lastly, themselves. Since the early twentieth century, lawyers have also pointed to their duty to abide by ethics codes channeling their behavior. In this view, lawyers were in the marketplace selling their services, but not of the marketplace, because the services they provided clients were limited by the oath and the rules of lawyer ethics. Remnants of Conscience is the story of the justifications of the power lawyers have possessed in American history, tracing American lawyer ethics from its origins in the mid-eighteenth century to the crisis of professionalism facing lawyers today"-- Provided by publisher

The 9th edition of NSSL covers the dramatic changes that have happened in many areas of law since 2019. This indispensable reference work provides an overall view of some of the most-asked about and controversial legal topics in the United States: abortion, the right to die, gun control, prayer in public schools, marijuana, marriage, personal income tax, drunk driving, capital punishment, right to work, lemon laws, leases and other agreements, child custody, legal ages, and many other areas. Presented in chart format, NSSL allows users to make basic state-by-state comparisons of current state laws. The subjects featured fall into eight general legal categories: Business and Consumer Laws; Criminal Laws; Education Laws; Employment Laws; Family Laws; General Civil Laws; Real Estate Laws; and Tax Laws. Within each section each topic is arranged alphabetically and is presented in its own subsection, which begins with a general overview followed by a table that briefly summarizes each state's and the District of Columbia's statutes on particular aspects of law. References to each state's statute or code section covering that law are also presented, enabling users who are interested in reading the original text to find it easily. The appendix, Statutory Compilations Used in This Book, provides the abbreviations and full names of each state code.--Publisher

"This book is not focused on autism. It deals with many types of special needs. If any particular special needs have not been specifically addressed, it was not intentional. There are so many special needs and our knowledge base is constantly expanding about special needs. This book attempts to address special needs generally, with emphasis on some of the more prevalent types, and types that are currently not being addressed well when families go through divorce, paternity actions, and modifications of family court orders"-- Provided by publisher

"Understanding Property Law is a comprehensive and authoritative treatise designed for law students who are taking the standard first-year course on property. It (1) explains the basic principles of property law in the United States and (2) discusses the policy concerns and historical currents that shape this law. The goal of the book is simple: to help students understand property law. It is suitable for use with any casebook. This book provides complete coverage of all standard topics covered in the basic property course, including landlord-tenant law, adverse possession, rights in personal property, intellectual property, estates and future interests, cotenancies, marital property, sales transactions, mortgages, easements, covenants, servitudes, nuisances, eminent domain, zoning, takings, and other land use issues. In addition, the book analyzes cutting-edge issues in modern property law, such as rights in human body parts, current takings issues, judicial reactions to the Restatement (Third) of Property: servitudes, rights and duties of homeowners associations, and rights in personal names and likenesses. Its clear writing and detailed organization help students understand both basic concepts and controversial issues. Thousands of law students across the nation have succeeded in their property classes by using this book"-- Provided by publisher

"This is a comprehensive examination of the Surety's Indemnity Agreement, the first publication of its kind; providing a description of the Surety's Indemnity Agreement's provisions along with a discussion of the cases that have interpreted those provisions. In addition, the book provides practice pointers assisting practitioners in the enforcement of the surety's rights under the Indemnity Agreement. Both the footnotes in the book and the bibliographies attached cite numerous cases and published and unpublished papers that concern the development and analysis of the surety's rights under the Indemnity Agreement." -- Publisher's website

"Security will be a pervasive concern in our leasing transactions, especially in the near future until terrorist activities are eliminated. Our usual concerns with fire, flood, and "sick building" syndrome are now heightened with measures that must be taken and incorporated into our leases against intentional and malicious attempts to hurt or kill us and damage or destroy our places of business. This book takes these issues, examines them, and attempts to offer insights, clauses, and solutions to incorporate into usual leasing transactions"-- Provided by publisher

"The essential road map for understanding-and defending-your right to privacy in the twenty-first century. Privacy is disappearing. From our sex lives to our workout routines, the details of our lives once relegated to pen and paper have joined the slipstream of new technology. As a MacArthur fellow and distinguished professor of law at the University of Virginia, acclaimed civil rights advocate Danielle Citron has spent decades working with lawmakers and stakeholders across the globe to protect what she calls intimate privacy-encompassing our bodies, health, gender, and relationships. When intimate privacy becomes data, corporations know exactly when to flash that ad for a new drug or pregnancy test. Social and political forces know how to manipulate what you think and who you trust, leveraging sensitive secrets and deepfake videos to ruin or silence opponents. And as new technologies invite new violations, people have power over one another like never before, from revenge porn to blackmail, attaching life-altering risks to growing up, dating online, or falling in love. A masterful new look at privacy in the twenty-first century, The Fight for Privacy takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes. Exploring why the law has struggled to keep up, she reveals how our current system leaves victims-particularly women, LGBTQ+ people, and marginalized groups-shamed and powerless while perpetrators profit, warping cultural norms around the world. Yet there is a solution to our toxic relationship with technology and privacy: fighting for intimate privacy as a civil right. Collectively, Citron argues, citizens, lawmakers, and corporations have the power to create a new reality where privacy is valued and people are protected as they embrace what technology offers. Introducing readers to the trailblazing work of advocates today, Citron urges readers to join the fight. Your intimate life shouldn't be traded for profit or wielded against you for power: it belongs to you. With Citron as our guide, we can take back control of our data and build a better future for the next, ever more digital, generation"-- Provided by publisher

"The reason for this book on dementia is three-fold: first, there is a growing recognition that people with dementia become involved with the criminal justice system and need vigorous, informed, compassionate advocacy; second, there is a need for practical, easily digestible information for lawyers about this non-traditional criminal defendant; and third, this book is an attempt to get in front of the curve"-- Provided by publisher

"This volume offers a historical and documented account of the constitutional issues underlying President Abraham Lincoln's determination to save the Union between 1861 and 1865. It provides students of US history and politics with a simple, precise approach to the complex power game between the three branches of the federal government. While both the Civil War and the Emancipation issue are present across the different chapters, the book focuses on constitutional issues to provide a clear analysis of the way Lincoln used or misused the US Constitution in a context of emergency." -- Back cover

"Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do's and don'ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing." -- Publisher's website

"Although originalism has powerfully influenced religious liberty jurisprudence, we know surprisingly little about the American Founders' political philosophy of church and state. What did the Founders mean when they declared religious liberty to be an "inherent," "natural" and "inalienable" right? In Religious Liberty and the American Founding, Vincent Phillip Muñoz offers the most authoritative account to date of the Founders' philosophy and constitutionalism of religious liberty. Drawing on early state constitutions declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, the book documents and articulates the Founders' understanding of the original meaning of the First Amendment's Religion Clauses, and constructs a natural rights jurisprudence of religious liberty, exploring and explaining how the Founders' principles would adjudicate church-state issues. Contrary to what many might assume, Muñoz shows that adherence to the Founders would lead neither to consistently conservative nor consistently liberal results, but rather to a novel church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people"-- Provided by publisher

"This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic." -- Publisher's website

"Paul Moreno's "How the Court Became Supreme" explains how the United States Supreme Court turned itself into the most powerful court the world has ever seen. It is supreme today not only within the judicial branch but over the legislative and executive branches. Indeed, the modern Court has even acquired the power to choose Presidents, as it effectively did in Bush v. Gore. Every June, as the Court nears the end of its term and delivers anticipated decisions, every major media outlet in the nation covers the results and disseminates its rulings. A generation ago, by contrast, hardly anybody knew or cared about the Court's opening or closing. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little or no notice from the American public. When a vacancy occurs today, of course, an epic political bloodbath is likely to ensue. In another sign of the Court's overarching importance, who a presidential nominee is likely to appoint has become a paramount issue in voters' minds. In 2016, for example, Donald Trump took the extraordinary step of providing a list of potential Court nominees because, as he said, voters consider the appointing of Justices among the President's most important functions. Fifty years ago, such a ploy would have been both unthinkable and unnecessary. Today, both political parties complain about what they perceive as judicial supremacy. However, neither acknowledge what precisely that means or how it happened. Tracing the long history of the Court's expansion in power and importance, Moreno suggests that we cannot blame the Constitution itself since nothing might surprise the Founders more than the imperial judiciary. Their Constitution contained a multitude of safeguards to prevent judicial supremacy, and those safeguards remain today, but most have fallen into a state of disuse. Nor is judicial review to blame, since if the people want the Court to protect constitutional limits against the usurpations of the elected branches, then such authority must remain in the hands of the Court. It only becomes a problem-a threat rather than an aid to constitutional democracy-when the Court itself exercises legislative or executive power under what many see as the guise of judicial review. "How the Court Became Supreme" tells the story of the origin and development of that problem, offering solutions that might push the Court toward restoration of its more traditional role in our constitutional republic"-- Provided by publisher

Contents: Volume 1. Introduction -- Related procedures -- Competency of witnesses -- Relevance -- Authentication -- Real evidence -- Scientific evidence -- Credibility of witnesses -- Character and habit evidence -- Uncharged misconduct -- The hearsay rule -- Admissions or statements of a party-opponent -- Hearsay exceptions that do not require proof of the declarant's unavailability -- Hearsay exceptions requiring proof of the declarant's unavailability -- Expert and lay opinion testimony -- The best evidence rule -- Communications privileges for confidential relations -- Privileges -- Search or seizure -- Volume. 2. Probable cause and warrants -- Warrantless searches -- Fourth Amendment standing -- The exclusionary rule and derivative evidence -- The voluntariness doctrine -- The McNabb-Mallory rule -- The Miranda doctrine -- The Sixth Amendment right to counsel at interrogations -- Suppression of confessions : the exclusionary rule -- Eyewitness identification -- Burdens of production and proof -- Judicial notice -- Stipulations

"Aim[ed] at contributing a comparative discourse, and Afrocentric knowledge to the body of literature in Restorative Justice and Victimology. The book is both practical and analytical. Arguably, the book is the first on restorative justice and victimology in the international market researched and written by an African and Africa-based international scholar. Findings presented in the book demonstrate the potential benefits of restorative justice to governments and victims who may want to implement and participate in restorative justice. These include the 'community crimino-vigilance', 'crimino-econometrics' and 'value for money' (vfm) potentials of restorative justice policy to governments. For some victims of crime, the possibility of getting an answer the 'why me?' question which victims often ask, provides victimoautological or self-policing strategy to preventing revictimisation, and a vehicle to Intra-Personal Harmony, reduction in fear of crime, and Inter-Personal Reconciliation. Perhaps to some victims of crime restorative justice is not only seen as a model of justice that gives them "voice" but also as "Harmony Restoration Therapy". For the international audience, the author suggests that the Afrocentric knowledge contained in this book is imperative to international academia and practitioners who often are commissioned to chair dispute resolution mechanisms in Africa. The success or failure of their efforts in resolving disputes in Africa, the author argues could strongly be dependent on their knowledge of the core African philosophy of Thoughts: cosmology [African worldview of conflict, crime and reconciliation, axiology [African values of restoration], ontology [African nature and conception of persons], and epistemology [source of knowledge for Africans]"--P. [4] of cover

"This book explores the implementation of restorative practices within the classroom, as either a partial or a school-wide approach. It also emphasizes inclusive and collaborative ways to manage issues of school safety, school conflicts, and incidents of violence"-- Provided by publisher