Recent Acquisitions at the Marquette Law Library

Much of the current interest in collective memory concerns the politics of memory. In a book that asks, "Is there an ethics of memory?" Avishai Margalit addresses a separate set of concerns. The idea he pursues is that the past, connecting people to each other, makes possible the kinds of "thick" relations we can call truly ethical. Thick relations, he argues, are those that we have with family and friends, lovers and neighbors, our tribe and our nation--and they are all dependent on shared memories. But we also have "thin" relations with total strangers, people with whom we have nothing in common except our common humanity. A central idea of the ethics of memory is that when radical evil attacks our shared humanity, we ought as human beings to remember the victims. Margalit's work offers a philosophy for our time, when, in the wake of overwhelming atrocities, memory can seem more crippling than liberating, a force more for revenge than for reconciliation. The ethics of memory draws on the resources of millennia of Western philosophy and religion to provide us with healing ideas that will engage all of us who care about the nature of our relations to others
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"Building on the success of the first two editions, this volume briefly recaps the historical development and public acceptance of the concept of Aboriginal self-government, then proceeds to examine its theoretical underpinnings, the state of Aboriginal self-government in Canada today, and the many practical issues surrounding implementation. Topics addressed include: justice innovations, initiatives in health and education to grant greater Aboriginal control, financing and intergovernmental relations, Aboriginal-municipal government relations, developing effective Aboriginal leadership, Métis self government aspirations, the intersection of women's rights and self-government, and international perspectives. Various self-government arrangements already in existence are examined including the establishment of Nunavut, the James Bay Agreement, Treaty Land Entitlement settlements, the Alberta Métis settlements, and many other land claims settlements that have granted Aboriginal communities greater control over their affairs." -- Pub. website
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"A Restorative Approach to Family Violence looks back at an early and successful demonstration of a family-and-culturally-based model to stop severe family violence. This conferencing model, called family group decision making, was applied by three diverse Canadian communities-Inuit, rural, and urban-to the benefit of child and adult family members. Narrative inquiry identifies how engaging the family and relatives resets the narrative from misrecognition to recognition of their competence and caring. Family violence poses some of the most long-term and controversial questions in restorative justice. Should we use a restorative approach to stop gendered and intergenerational harm? Or will bringing together those who have been harmed, those causing harm, and their supporters only incite more violence? Underlying these questions is a profound distrust of families and their cultural networks. This distrust has stalled turning away from carceral interventions that particularly harm minoritized communities. Moving forward in time, the volume identifies blocks to trusting families and their cultural networks and means of circumventing these blocks. The book offers a theory of feminist kin-making to comprehend the restorative process and gives practical guidance to restorative participants, practitioners, policy makers, and researchers" -- Provided by publisher
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"This timely collection of chapters written by international experts bridges the gap between peace psychology and restorative justice. The Editors combined their respective fields of expertise to start a much-needed debate on the potential but also risks that are associated when implementing restorative justice in the peace psychology field. The volume highlights how psychological theory and research can inform and evaluate the potential of restorative practices in formal and informal educational settings as well as the criminal justice space. The chapters cover both negative and positive peace across levels while introducing the reader to various case studies from across the world. All in all, the book explores how restorative justice can promote positive peace through its connection fostering dialogue, empathy, forgiveness, and other key psychological elements of peace." -- Back cover
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"A bold guide to how we must re-envision citizenship if American democracy is to survive The United States faces dangerous threats from Russia, China, North Korea, Iran, terrorists, climate change, and future pandemics, but the greatest peril to the country comes not from abroad but from within, from none other than ourselves. The question facing us is whether we are prepared to do what is necessary to save our democracy. The Bill of Obligations is a bold call for change. In these pages, New York Times bestselling author Richard Haass argues that the very idea of citizenship must be revised and expanded if American democracy is to endure. The Bill of Rights is at the center of our Constitution, yet our most intractable conflicts often emerge from contrasting views as to what our rights ought to be. As former Supreme Court Justice Stephen Breyer pointed out, ""Many of our cases, the most difficult cases, are not about right versus wrong. They are about right versus right."" Rights alone, however, do not provide a strong enough foundation for a democracy to succeed in the twenty-first century. But there is a cure: to place obligations on the same footing with rights. The ten obligations that Haass introduces here are essential for healing our divisions and safeguarding the future of our country. These obligations re-envision what it means to be an American citizen. They are not a burden, but rather commitments that we make to fellow citizens and to the government to uphold our democracy and fight back against the growing apathy, anger, selfishness, and division that threaten us all. Through an expert blend of civics, history, and political analysis, this book illuminates how Americans can rediscover and recover the attitudes and behaviors that have contributed so much to this country's success over the centuries. As Richard Haass argues, ""We get the government and the country we deserve. Getting the one we need, however, is up to us."" The Bill of Obligations gives citizens across the political spectrum a plan of action to achieve it" -- Provided by publisher
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"How we interpret and understand the historical contexts of legal education has profoundly affected how we understand contemporary educational cultures and practices. This book, the result of a Modern Law Review seminar, both celebrates and critiques the lasting impact of Peter Birks influential edited collection, Pressing Problems in the Law: Volume 2: What are Law Schools for? Published in 1996, his book addresses many critical issues that are hauntingly present in the twenty-first century, amongst them the impact of globalization, technological disruption; and the tension inherent in law schools as they seek to balance the competing interest of teaching, research and administration. Yet Birks collection misses key issues such as the role of well-being, of emotion or affect, the relation of legal education to education, the status of legal education in what, since his volume, have become the devolved jurisdictions of Northern Ireland, Wales and Scotland; these and many other issues are absent from the research agenda of the book." -- front matter
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"This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal of ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies" -- Provided by publisher
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"Internet Law is a clear, concise and invaluable guide to the development and scope of regulation of the Internet worldwide. The Internet is a world of its own, independent of any country. Its regulation embraces a convoluted and ever-evolving compendium of international agreements, national legislation, local laws, regulations, and commercial customs affecting several legal practise avenues. ... The author dispenses a lucid description and analysis for each of the nine key market jurisdictions--the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore--of how courts and regulators treat Internet activity in the following terms: what should be available via the Internet; what should not be available; how transactions should be conducted; how disputes should be resolved; and how violations of laws and regulations should be treated. Individual chapters examine the role of Internet regulation in matters involving intellectual property, competition, privacy and data protection, artificial intelligence, cybercurrency, cybercrime, and cyberwarfare. ... Along with its extensive review of protections available to international Internet businesses and its insights into the direction that Internet regulation is taking globally, this up-to-date fund of practical knowledge about this rapidly developing regulatory landscape both at international and at national and local levels will be highly appreciated by practitioners, regulators, policymakers, Internet companies, Internet users, and academics for its information about the numerous areas of law relating to the Internet." -- Publisher's website
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"This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely address how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory" -- Provided by publisher
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"This book addresses two main questions. Can political theology be overcome? And, is what today - in referring to neoliberalism and its genealogy - many define as ""economic theology"" truly an alternative to political theology, as Foucault has claimed and as Agamben does today? As a first step, the book addresses and clarifies various misunderstandings about the notion of political theology, in its multiple and even opposite meanings. It then focuses on a conceptualisation inaugurated by Carl Schmitt, which sees political theology as the eloquent matrix of modern politics: insofar as the latter produces and continuously re-elaborates an ""excess"" that does not belong to it, its core remains theological-political, although secularised. The bulk of the book then pursues a reading of the analogic connection between juridico-political concepts and theological-metaphysical concepts; arguing that, although the 'turn' to economic theology is indeed another form of political theology, it is a deeply anti-political one, which forecloses modes of resistance. The book will be of interest to scholars, researchers and advanced students in the fields of modern political and legal philosophy and those researching the crisis of its legacy. In particular, it is addressed to those who study the relationship between theology (and its substitutes, such as hegemony and political myth) and politics, power and law, legitimacy and legality, in the perspective of secularization. In addition, the book offers a contribution to contemporary critical studies on the neoliberal state and the return of the ""state of exception"" in democracies, as well as a questioning of the moralization of law, which is an effect of globalist ideology and the ""humanitarian turn"" after 1989" -- Provided by publisher
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"At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor" -- Back cover
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"[This book] provides a guide to legal writing, focusing on the importance of thoughtful, thorough analysis and clear organization in written communications. Developed as a textbook for a first-year law school course and successful in courses for foreign LLM students, the book introduces law students to analyzing and writing about legal authority in cases and statutes. It discusses the structure and persuasive techniques of effective argumentation...The 7th edition has a new chapter on exam writing; a new section on the small-scale organization that focuses on case synthesis, case comparison, and counter-arguments; an expanded chapter on appellate briefs that adds material on the standard of review, theory of the case, persuasive writing techniques, and affirmative statements of law; new examples and exercises; and a new closed universe sample office memorandum and a new sample appellate brief." -- Provided by publisher
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Contents: The foundations of persuasion : logos, pathos, and ethos -- Illustrative narratives in rule-based analysis -- Creating factor tests -- Evoking favorable emotions and values -- Establishing legal plausibility -- Credible character and good will -- Evincing intelligence -- Levels of metaphor in persuasive legal writing -- Crafting effective metaphors -- Literary references for nonthematic comparison -- Literary references for borrowed eloquence -- Literary references for thematic comparison : summoning dreams and swords -- Final thoughts on literary references -- Other figures of speech -- The ethics and morality of persuasion : justifying the life of a professional advocate
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"This book has but one objective: empowerment. Most law students have been anticipating the start of law school for weeks, months or years-- some for a lifetime. They approach the start of school with a mix of excitement and apprehension, often with a sense of awe at the majesty of the enterprise they are about to begin. This hopeful group includes a mightily gifted, dynamic, achievement-oriented variety of individuals. They are determined to do well-- and they should be. They have been chosen by admissions committees across the country adept at selecting only those students with the capability to succeed in law school, pass the bar examination, and enter into the professional practice of law. Why, then, do so many first-year law students express high levels of anxiety, depression, isolation, ""drowning,"" a sense of imminent and inevitable failure, intense frustration, lack of control, depression, and ominous foreboding within 90 days of beginning school? There are reasons. Most have recently exited successful positions of academic, social, or executive leadership. They believe the institution they are entering-- a ""school""-- is merely an advanced version of what they were so good at before-- ""school."" Law school is not like college. Law school is your opportunity to begin the practice of law. If you are just beginning law school in a full-time program, you have about 1000 days until you sit for the bar examination-- but you have only 90 days until you sit for your first semester final examinations. Consider following all the suggestions in this book for 90 days. Ninety days. That's all. I suggest you take to heart the lessons presented here and accept my challenge to commit to the practice of law in law school with the same rigor, detail, planning and strategizing you intend to employ in the professional practice of law. Take your finals with confidence and self-assurance. Note your grade point average. Then determine whether it was worth it.--Preface
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"The Mindful Law Student is an innovative guide to learning about mindfulness and integrating mindfulness practices into the law school experience. Through the use of metaphor, insight, mindfulness practices, and relaxation and self-care exercises, students are reminded of the tools they have long carried with them to navigate the exciting and challenging environment of law school and the practice of law. Scott Rogers brings readers on a journey through the law school experience with seven hypothetical students who experience situations not unlike their own that make tangible the challenges, benefits, and promise of mindfulness. He provides real-world examples of applying mindfulness in law school using language of the law to impart mindfulness insights and practices. This novel guide is an approachable and valuable resource for any law student" -- Provided by publisher
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"Study aid for takers of the Multistate Bar Exam (MBE) in all states" -- Provided by publisher
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"Guide to preparing for the Uniform Bar Examination" -- Provided by publisher
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"Zen is a way of life-and so is studying for the bar exam. The Zen of Passing the Bar Exam offers a comprehensive approach to studying for (and passing) the bar exam, drawing a parallel between how one should approach the bar exam, and how Zen principles teach one to approach life. Each section of the book offers a Zen quote to introduce concepts that can be applied to studying for the bar exam in order to maximize your chances of passing. Zen teaches that in order to reach enlightenment, one must strive to be balanced, know your true self, know your universe, and stay focused on your path. Similarly, in order to reach the ""enlightenment"" of passing the bar exam, one must have the attributes of balance (between studying and other aspects of life, as well as balancing your study time between subjects, and between essays, MBE questions, etc.), knowing your true self (what type of essay writer you are, what type of learner you are, what type of exam taker you are, etc.), knowing your universe (knowing the law, how the questions are constructed, what to look for, etc.), and staying focused on your path (when to study, what to do when you are stressed/panicked, what to do when you don't know a subject very well, etc.). In addition to offering a comprehensive approach to studying for the bar exam, the book also offers specific, practical advice for doing well on both the essay and MBE portions of the bar exam. The book outlines specific organizational/formatting tips for how to write effective (and efficient) essays under bar exam time constraints. The book is ideal for adoption for any law school bar preparation course (or Academic Support Program), providing many exercises, examples, and model answers applicable to any state's bar exam" -- Provided by publisher
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"Guide for passing the bar exam, focusing on the use of mind maps to achieve a passing score" -- Provided by publisher
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Optimize your ability to pass the Multistate Professional Responsibility Exam (MPRE)! Strategies & Tactics for the MPRE is filled with questions released from the National Conference of Bar Examiners (NCBE). Thorough explanations of the correct and incorrect answers provide you with the analyses you need to master the MPRE
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"Everyone gets exactly the same 24 hours in every day. If you're struggling, the problem often isn't that you don't have enough time; the problem is that either you aren't managing your activities effectively enough to fit within the time you have available or you aren't using the tools you have as efficiently as possible. This book will help you tackle both" -- Provided by publisher
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"Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. The book describes and explains how lawyers use logic, reasoning by analogy, and policy analysis in resolving progressively more difficult cases. The fourth edition of the book includes new chapters that illustrate policy arguments through the use of graphs and advises law students how to answer essay exam questions" -- Provided by publisher
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"The way lawyers and judges think about the law can appear deeply mysterious. They see nuance and meaning in statutes and long-ranging implications in rules that seem hidden to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind helps explain the cases and controversies that come before the courts. Written by William Powers, the former president of the University of Texas at Austin, this concise and precise reference introduces the philosophical and intellectual history of legal thought, including the academic study of law and legal reasoning and analysis. Powers discusses topics such as the distinction between laws and morals, the relationship been courts and legislatures, and the role of coercion in laws. In eight chapters, he follows the evolution of debates on these issues and others through different generations and movements in American social and legal thought-formalism, realism, utilitarianism-to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind is a brief introduction to the historical debates that still influence the rule of law in our lives" -- Provided by publisher
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"This book is intended for students in upper level, elective courses in real estate planning, finance, and transactions. It focus is on the development of new commercial real estate projects - office buildings and retail shopping projects. Its Chapters follow the sequence of development - acquiring a project site, negotiating the acquisition sales contract for it, choosing the entity to hold title to it, then taking title to it, hiring and dealing with architects and construction contractors, financing construction, finding permanent mortgage financing for it, dealing with equity investors, leasing the completed project and, when the time is right, exiting the project. Thus the text discusses the various persons and professionals who play a vital part in the development process and whom attorneys for developers should come to know, and, I hope, admire" -- Provided by publisher
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"This ... edition of Covenants Against Competition in Franchise Agreements focuses on the analytical framework for assessing the validity and enforceability of restrictive covenants in franchise agreements in North America. In the cases and statutes reported in this book, the practitioner will find the principles and challenges described above reflected in caselaw and statutes." -- Introduction
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"How US copyright law should be reformed to ensure open access to research and scholarship" -- Provided by publisher
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"As patent law's dramatic changes continue, this comprehensive resource is vital for today's patent practitioners. It is an important guide through the maze of current statutory law, court decisions, agency regulations, and technological and business considerations involved in drafting patent claims." -- Back cover
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Contents: General overview of applicable law, enforcement, and remedies -- Analytical frameworks : disparate treatment and disparate impact basics -- Disparate treatment, the McDonnell Douglas test, and other frameworks -- Defense to disparate treatment : BFOQ -- Conduct-based disparate treatment : retaliation -- Systemic disparate treatment -- Disparate impact -- Defenses to disparate impact -- Harassment -- Focused issues related to protected classes : race/color -- Focused issues related to protected classes : national origin -- Focused issues related to protected classes : sex -- Focused issues related to protected classes : religion -- Focused issues related to protected classes : age -- Focused issues related to protected classes : disability -- Sample exam -- Additional issue spotter questions -- Additional short answer questions
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"How did environmental law first emerge in the US? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, he provides a theoretical overview of the challenges that environmental protection poses for lawmaking, which relate both to the spatial and temporal dimensions of ecological change and to the distinctive features of US lawmaking institutions. He then explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through specific laws and controversies. New chapters, written for the second edition, examine how Congress dropped out of environmental lawmaking in the early twenty-first century, the shifting role of the judiciary from catalyst to skeptic of ambitious environmental protection requirements, the long overdue efforts to provide environmental justice to disadvantaged communities, and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation's partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law has faced its greatest challenge yet in the United States. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead" -- Provided by publisher
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Contents: Executive summary -- The history of the Clean Water Act -- General prohibition of discharges -- National Pollutant Discharge Elimination System (NPDES) overview -- Technology-based standards -- Water quality-based effluent limitations -- Regulations of publicly owned treatment works -- Regulation of wetlands -- Discharges and spills of oil and hazardous substances -- Wet-weather discharges from point sources -- Reducing nonpoint source pollution -- Enforcement
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"This book is an update to Climate Change Laws in the U.S. The legal landscape is complex, unstable, and expanding. Scientists continue to publish new findings, policy makers regularly adopt new regulations, and petitioners file new litigation, nationwide and around the world. Most of it is completely new, and the few chapters carried over from the second edition have been thoroughly updated"-- Provided by publisher
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Administrative bodies, not legislatures, are the primary lawmakers in our society. This book develops a theory to explain this fact based on the concept of trust. Drawing upon Law, History and Social Science, Edward H. Stiglitz argues that a fundamental problem of trust pervades representative institutions in complex societies. Due to information problems that inhere to complex societies, the public often questions whether the legislature is acting on their behalf - or is instead acting on the behalf of narrow, well-resourced concerns. Administrative bodies, as constrained by administrative law, promise procedural regularity and relief from aspects of these information problems. This book addresses fundamental questions of why our political system takes the form that it does, and why administrative bodies proliferated in the Progressive Era. Using novel experiments, it empirically supports this theory and demonstrates how this vision of the state clarifies prevailing legal and policy debates -- front matter
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Contents: Introduction to transfer pricing -- Transfer pricing concepts -- Transfers of tangible property -- Transfers of intangible property -- Intercompany services -- Intercompany loans and leases -- Penalties and documentation -- Transfer pricing disputes -- Impact of transfer pricing adjustments -- Advance pricing agreements
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"Evidentiary Foundations provides sample lines of questioning that demonstrate how to lay the foundation for admitting various kinds of evidence. It also includes a brief discussion of the underlying legal principles, based on modern common law and the applicable Federal Rules of Evidence" -- Provided by publisher
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"This book is intended to serve as a practical guide to assist both lawyers and non-lawyer business executives in effectively navigating and succeeding in the landscape of commercial mediation. This third edition of the Commercial Mediation Practice Guide continues to offer the reader a user friendly guide to the process of mediation and offers checklists wherever possible" -- Provided by publisher
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"This book starts the conversation about what attorneys can do to improve both health and justice outcomes for people of diverse backgrounds who have mental illness. Focusing on the role of litigators working in the criminal justice system-particularly prosecutors and defense attorneys-this book offers an overview of foundational concepts, lawyering skills, and legal theories that attorneys can use in day-to-day practice as they work toward achieving fair and equitable access to justice for all" -- Provided by publisher
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"Up-to-date information on statues, court rules, and reported cases relevant to practicing Chinese family law" -- Provided by publisher
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"William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion" -- Jacket
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