Recent Acquisitions at the Marquette Law Library

Is the world essentially inert and mechanical - nothing but a collection of things for us to use? Are we ourselves nothing but the playthings of chance, embroiled in a war of all against all? Why, indeed, are we engaged in destroying everything that is valuable to us? Whitehead observed that philosophy is of urgent importance because 'as we think, we live.' This book argues that if we are wreaking havoc on ourselves and the world, and if our best intentions lead to paradoxical outcomes, it is because we have become mesmerised by a mechanistic, reductionist way of thinking, the product of a brain system which evolved not to help us understand, but merely to manipulate the world: that of the left hemisphere. We have become blind to what the subtler, more intelligent and more perceptive right hemisphere sees. Consequently we no longer seem to have the faintest idea who we are, what the world is, or how we relate to it. Indeed there is a sense in which we no longer live in a world at all, but exist in a simulacrum of our own making. This book offers a vitally necessary and radically new vision, one that is rigorously based in the science of the brain, deeply grounded in philosophy and sustained by the most up-to-date findings of physics: a vision that inverts common assumptions about what matters; sees the whole, not just the parts; and helps us break out of the hall of mirrors. In doing so it must attempt the hardest, because most fundamental, questions of all: what can we say of time, space, motion, matter, consciousness, purpose, value and the existence or otherwise of a God? The resulting world-picture is not just consistent across different disciplines, but happens to be in line with the deepest traditions of human wisdom. It is to this 'unconcealing' of a world that is rich, complex and beautiful that the reader is invited. If we are to survive - and for our survival even to matter - w need to become aware of what is, at a fundamental level, the matter with things. --Dust Jacket Front Inside Flap

"This interdisciplinary study explores what major spiritual traditions say in text, tradition, and current practice about criminal justice in general and Restorative Justice in particular. It reflects the close collaboration of scholars and professionals engaged in multifaith reflection on the theory and practice of criminal law. A variety of traditions are explored: Aboriginal spirituality, Buddhism, Chinese religions, Christianity, Hinduism, Islam, Judaism, and Sikhism. Drawing on a wide range of literature and experience in the field of Restorative Justice and recognizing the ongoing interdisciplinary research into the complex relationships between religion and violence, the contributors clarify how faith-based principles of reconciliation, restoration, and healing might be implemented in pluralistic multicultural societies." --Provided by publisher

"Once upon a time, a group of libertarians got together and hatched the Free Town Project, a plan to take over an American town and completely eliminate its government. In 2004, Grafton, NH, a barely populated settlement with one paved road, turned that plan into reality. Public funding for pretty much everything shrank: the fire department, the library, the schoolhouse. State and federal laws didn't disappear, but they got quieter: meek suggestions barely heard in the town's thick wilderness. The bears, on the other hand, were increasingly visible. Grafton's freedom-loving citizens ignored hunting laws and regulations on food disposal. They built a tent city, in an effort to get off the grid. And with a large and growing local bear population, conflict became inevitable. A Libertarian Walks Into a Bear is both a screwball comedy and the story of a radically American commitment to freedom. Full of colorful characters, puns and jokes, and one large social experiment, it is a quintessentially American story, a bearing of our national soul"-- Provided by publisher

Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice. Susan Miller argues that the program has significantly helped the victims who chose to face their offenders in very concrete, transformative ways. Likewise, the offenders have also experienced positive changes in their lives in terms of creating greater accountability and greater victim empathy. After the Crime explores their transformative experiences with restorative justice, vividly illustrating how one program has worked in conjunction with the criminal justice system in order to strengthen victim empowerment. -- from the publisher

"Digitalisation and the development of automated systems, as well as the evolution of artificial intelligence (AI), have radically changed the legal landscape, and will continue to impact law at an accelerated pace. These developments have led to the creation of a new industry, Legal Tech (LT), which aims at creating technological applications specifically tailored for law and the legal market. LT includes a broad range of applications: some of the most prominent and recurrent examples include automation in the drafting of contracts, "mining" case-law, or the creation of smart dispute resolution systems not requiring human intervention. As a result, operations that were previously unthinkable, or that would demand an enormous amount of human resources, can now be readily done through numerous legal services available to lawyers, other professionals, and consumers. The rise of LT has brought about various responses, from those who advocate the innovating potential of LT to legal traditionalists that consider the replacement of human resources by technology to be highly disruptive. In addition, there are those who advocate for a level-headed distinction between "hype" and reality. Nonetheless, it would be short sighted not to see that the advancement of LT is going to have a profound impact on the legal sector, similar in degree as industrialisation had on manufacturing"-- Provided by publisher

"Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology." -- dust cover

"Christianity and Constitutionalism offers innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II provides analyses from constitutional lawyers on the normative implications of Christianity for particular themes in constitutional law, including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law." -- Publisher, page four of cover

"Environmental laws and regulations are extremely complex and difficult to understand. In order to comply with them, they need to be explained in layperson's terms. This handbook identifies many changes in regulations and recommends ways to apply and implement them. Containing the latest environmental information, this volume addresses environmental compliance with water and provides a historical perspective to help follow the logical growth and increased complexity of water regulations through time. Structured as a "step-by-step how-to" book, readers will find real-life examples for the most important aspects of language, permit terms, demonstrating compliance, and organization for water projects. Features: Identifies all water pollution control regulations and the requirements of any water pollution control permits available up to date. Answers in depth all practical questions that arise when working on compliance projects in a "how-to" method. Addresses a wider spectrum of issues that go beyond chemical-based contamination and environmental regulations and examines the impacts of climate change. Includes many real-life examples from industry and institutions that comply with water quality regulations and air pollution control permits. It is global in coverage and very useful to companies that have expanded operations outside their country of origin." -- Back cover

It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian's Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage's original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history

"The formal findings of the bipartisan Congressional inquiry into the coordinated attempt to overthrow the 2020 election, with a foreword by attorney and Emmy-winning MSNBC anchor Ari Melber" -- from back cover

"Our goal for this Manual is to help new editors understand their roles and responsibilities, learn how the review fits within their law school's program of legal education, anticipate challenges, plan for the year, and gain tips and ideas to improve the review. We hope faculty advisors and incoming editors will use this Manual during the annual transition process. We also hope editors will use the Manual as a resource when different challenges or questions arise during the year. The Manual can also assist law review members considering an editorial position and faculty members who teach seminars for student-editors"-- Provided by publisher

"This Understanding treatise is designed for first-year law students enrolled in Contracts. The text explains common law principles of contract law using cases and examples that students commonly encounter in this first-year course. It also explains and illustrates Article 2 of the Uniform Commercial Code, which deals with sales of goods that are frequently covered in Contracts. This edition includes material on the United Nations Convention on the International Sale of Goods, and the UNIDROIT Principles of International Commercial Contracts, appropriate to a basic course in Contracts, and on modern statutes regarding electronic contracting. Citations to journal articles have also been updated to reflect recent scholarship on these and other topics. Understanding Contracts was written to help law students with what is likely to be one of their most challenging first-year courses. It explains how key concepts apply in several recurring basic fact patterns. It then builds on those fact patterns to explain how the law is more difficult to apply in business transactions with more complex facts. A key feature of Understanding Contracts that is not found in other similar books is its conscious incorporation of basic explanations of the common business practices to which the law of contracts applies. This feature helps students, many of whom have not had any background in the business world, understand contract law in the business settings in which it frequently applies. The book also provides detailed topic headings that students can use to develop their own comprehensive course outline"-- Provided by publisher

"The authors explore the judicial reticence to recognize educational malpractice as a viable tort of negligence"-- Provided by publisher

"On June 11, 2020, Michael Hickson died of complications of COVID-19. The father of five was forty-six years old. He had contracted the infection the month before while in a nursing home and was transferred on June 2 to a hospital in Austin, Texas. A Black man, Michael Hickson had a career as an auto insurance claims estimator, a career cut short when he experienced sudden cardiac arrest at just forty-three years old. Complications left him with quadriplegia, blindness, and brain injuries. Although he had difficulty speaking and remembering things, Michael Hickson continued to participate in his family's life, joking with his children and talking with his wife about their lives"-- Provided by publisher

"The U.S. Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. However, the evidence is mounting, to include this book in a big way, that courts are more of a sideshow to the culture war. While court decisions, especially Supreme Court decisions, do have importance, the decisions emanating from the Court reflect social, cultural, and political change that occurred long prior their decision ever being made. This book tests how much political and social change has been made primarily through Gerald Rosenberg's framework from his seminal work, The Hollow Hope: Can Courts Bring about Social Change, but it also utilizes Daniel Elazar's Political Culture Theory to explain state level variations in political and social change. The findings indicate that while courts are not powerless institutions, reformers will not have success unless supported by the public and the elected branches, and most specifically, that preexisting state culture is a determining factor in the amount of change courts make. In short, federalism still matters." -- Back cover

"In this work of intellectual history, the author identifies four transformations in federal government that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"-- Provided by publisher

"This book provides a Critical Race Theory analysis of how the United States Supreme Court under the leadership of Chief Justice John Roberts perpetuates structural inequality through neutral process rhetoric and illusory democratic ideals. It offers a comprehensive critique of the Court's race jurisprudence and post-racialism"-- Provided by publisher

"This book examines significant clashes in First and Fourteenth Amendment issues in America. Any course in America that studies constitutional issues may benefit from focusing on a variety of issues raised in this book, including child torture and access to mandatory reporters, placing children into adoptive homes, prayer in public schools, religious tax exemptions, roadside memorials, military draft exemptions, access to contraceptive and family planning services, regulation of broadcast media, business exercises of religious freedom, issues in immigration detention, tribal sovereignty, and issues of political correctness and conspiracy theories. Whether you are studying these particular issues, reading the book in a legal studies course, or teaching a course in the First and/or Fourteenth Amendments, this book offers a way to dig in to some of the most pressing issues in clashes between the rights as they are defined and negotiated in contemporary American life. The stakes are high as we navigate these clashes in doing the tough labor of democracy, both now and into the future"-- Provided by publisher

Contents: Introduction to administrative law and the APA -- Agency structure, organization & oversight -- Rulemaking procedures -- Non-legislative rulemaking procedures -- Due process & adjudication procedures -- Retroactivity -- Availability of judicial review -- Standard of judicial review -- Government acquisition of private information : inspections, subpoenas & reports -- Public access to government information -- Recovery of attorney's fees -- Practice final exam

The Colorado River basin states are bound together by something referred to by water law experts as the "Law of the River"--a collection of interstate compacts, treaties, federal acts, court decisions and administrative directives that collectively determine how the water of the Colorado is used and allocated. This has become a very hot topic--the river system is approaching a crisis because of drought and climate change, and the Bureau of Reclamation recently announced the first-ever planned cutbacks in Colorado River water deliveries to states in the lower basin. Everyone in the region is going to be increasingly concerned with these laws, including those in California, since it is part of the compact and the cities of Los Angeles and San Diego receive a great deal of water from there. Also, 2022 is the 100th anniversary of the Colorado River Compact, which is the foundation of the "Law of the River."--Publisher

"This book analyzes how concepts of race and religion were interpreted in the 1987 U.S. Supreme Court case Shaare Tefila Congregation v. Cobb, the first case to provide race-based legal protection to American Jews. The author examines how the judges viewed the White-perceived Jews as well as the congregants' reactions and embodied experiences"-- Provided by publisher

"In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly. In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy. Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937." -- Book cover

Contents: Limits on the criminal sanction -- Elements of the offense -- Parties to crimes -- The inchoate offenses -- Crimes -- Causation -- Defenses -- Practice Final Exam

"If you ask a federal prosecutor to describe an average day at work, chances are you will not hear about a jury trial. Yet when prosecutors talk about how they do their jobs and what their jobs mean to them, jurors seem to be everywhere. It is the figure and role of this 'make-believe' or 'imagined' juror in the professional lives of prosecutors that is the subject of this book. Drawing on an extended ethnographic study of federal prosecutors, it explores this paradoxical feature of the federal legal landscape: though laypeople only infrequently participate in federal trials, make-believe jurors have an outsized presence in the decision-making and professional imagination of some of our most powerful legal actors. In their imagined jurors, prosecutors discover a critical resource for making sense of their ill-defined directives to seek justice and represent the United States. They also find a means of thinking of discussing mercy, acknowledging evolving community mores, and discovering themselves as moral actors rather than line attorneys carrying out supervisors' directives. Even in a period of infrequent jury trials, this book shows, the very existence of the jury system-and the possibility of facing a jury-use their discretion with reference to views of others. At the same time, it highlights the limitation of legal system where jurors are primarily imaginary, calling for reforms that would foster a more inclusive and effective American jury"-- Provided by publisher

Contents: Early steps in the case -- Motion practice -- Fourth Amendment primer -- Searches of the home -- Probable cause and reasonable suspicion: arrests, seizures, stops and frisks -- Motor vehicle searches -- "Special needs" and other Fourth Amendment searches -- Search and seizure of electronic devices -- Police interrogation practices -- Litigating Miranda rights -- Suppressing involuntary confessions -- Other grounds for suppressing confessions -- Eyewitness identification

Contents: Part One : The history of the Ohio constitution -- Part Two : The Ohio constitution and commentary

Contents: The Law of real estate titles -- Ethical considerations -- Preparing the title opinion and issues in title insurance -- Transfer of title -- The process of title examination

Contents: Testamentary capacity and undue influence in litigation -- Handling claims against fiduciaries -- Wills and trusts : contesting, interpreting, reforming -- Settlement tips -- Navigating court rules, processes, and procedures -- Applying legal ethics rules and guidelines

Contents: Navigating the local civil court procedure : concrete rules and unwritten etiquette -- Initial pleadings : laying out the legal and factual issues of the case -- Case management and scheduling : personal preferences and pet peeves -- Summary judgement motions and hearings -- Judges' view of discovery -- Pre-trial briefs that promote settlement -- Unacceptable pre-trial litigation tactics -- Types of evidence judges value most/least -- Witness selection and testimony : what works and what's a waste of time for everyone -- Seeking the judge's guidance outside of scheduling conferences -- Jury selection and juror requests : what is appropriate? -- Trial presentation do's and don'ts

Contents: The unwritten rules of civil court -- Perfecting those critical first steps -- The art of depositions and discovery -- Motions and briefs : timing strategy, drafting, and hearing insights -- Applying the rules of evidence in civil cases -- Jury selection and civil trial guide -- Legal ethics for civil litigators

"This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants."-- Provided by publisher