Recent Acquisitions at the Marquette Law Library

"In the United States, as in many parts of the world, people are discriminated against based on gradations of skin color. This type of skin tone bias, or colorism, is both related to and distinct from discrimination on the basis of race, with which it is often conflated. Preferential treatment of lighter skin tones over darker occurs within racial and ethnic groups as well as between them. While America has made progress in issues of race over the past decades, discrimination on the basis of color continues to be a constant and often unremarked part of life. In Color Matters, Kimberly Jade Norwood has collected the most up-to-date research on this insidious form of discrimination, including perspectives from the disciplines of history, law, sociology, and psychology. Anchored with historical chapters that show how the influence and legacy of slavery have shaped the treatment of skin color in American society, the contributors to this volume bring to light the ways in which colorism affects us all--influencing what we wear, who we see on television, and even which child we might pick to adopt. Sure to be an eye-opening collection for anyone curious about how race and color continue to affect society, Color Matters provides students of race in America with a wide-ranging overview of a crucial topic."--Publisher information

Papers from the U.S. Capitol Historical Society meeting held in 2006

Expansive coverage of the life, politics, and legacy of one of the United States' most influential presidents

"Drawing on more than five years of community-engaged research, this book analyzes the widespread problem of wage theft and its disproportionate impact on low-wage immigrant workers. Rebecca Galemba focuses on the plight of day laborers in Denver, Colorado--a quintessential purple state that has swung between some of the harshest and more welcoming policies around immigrant and labor rights--to reveal how labor abuses like wage theft persist, and how advocates, attorneys, and workers struggle to redress and prevent those abuses using proactive policy, legal challenges, and direct action tactics. As more and more industries move away from secure, permanent employment and towards casualized labor practices, this book shines a light on wage theft as symptomatic of larger, systemic issues throughout the U.S. economy, and illustrates how workers can deploy effective strategies to endure and improve their position in the world amidst precarity through everyday forms of convivencia and resistance. Applying a public anthropology approach that integrates the experiences of community partners, students, policy makers, and activists in the production of research, this book uses the pressing issue of wage theft to offer a methodologically rigorous, community-engaged, and pedagogically innovative approach to the study of immigration, labor, inequality, and social justice"-- Provided by the publisher

"Research on Restorative Justice to date tends to be gender blind. Gendered Perspectives of Restorative Justice, Violence and Resilience: An International Framework addresses this lack of gender awareness by sharing the personal journeys and experiences of women from across the Global South. Combining narratives of gendered Restorative Justice, gender-based violence, women's resilience, activism and healing along with empirical and theoretical analyses, contributors raise awareness and educate readers about the benefits of framing Restorative Justice as an intervention for understanding the resilience of women facing violence, political challenges and sexual assault. Within a truly international framework, chapters highlight significant scholarship from researchers with diverse backgrounds, opening a sociological dialogue onto this critical issue. From discussion of criminal cases of sexual violence in India, to victims of Intimate Partner Violence in Singapore, to the experiences of sex workers in South Africa, Gendered Perspectives of Restorative Justice, Violence and Resilience: An International Framework shines crucial visibility on a diverse, gendered lens of intervention, empowerment and understanding of violence and resilience. Providing an in-depth, international perspective of women's resilience, and focusing on women as active participants in the process of Restorative Justice, Gendered Perspectives of Restorative Justice, Violence and Resilience: An International Framework is must-have reading for academics, practitioners and policymakers, as well as anyone seeking to augment their allyship."--Back cover

A Brief Narrative of the Case and Tryal of John Peter Zenger is one of the most significant publications of colonial America and represents a major turning point in the history of freedom of the press and the political development of colonial America and the early republic. The book, published by Zenger in 1736, recounts his 1735 trial on charges of seditious libel and contains groundbreaking arguments by Zenger's attorney, Andrew Hamilton. In this volume - which reprints the text of the Narrative as well as other contemporary documents, including excerpts from Zenger's newspaper - Paul Finkelman provides a thorough and lively overview of the issues, events, and political intrigue surrounding the Zenger trial and offers a broad perspective on the trial's long-term impact. Finkelman's introduction and headnotes to the documents provide historical context and analysis, which make the documents accessible to students. Other useful pedagogical aids include a chronology, questions for consideration, and a selected bibliography

"F. Scott Fitzgerald once said: 'Show me a hero, and I'll write you a tragedy.' In the 1990s, nobody fell deeper than O.J. Simpson. Once considered a national treasure, the athlete was accused of brutally slaying his ex-wife Nicole Brown and her friend Ronald Goldman on June 12, 1994. Within days, the media and public developed an unprecedented obsession with the story, turning a murder investigation and trial into a sensationalized reality show. Tatjana Neubauer examines the mediatization, deliberate manipulation, and the simplification of popular criminal trials for profit on television. She demonstrates that TV conflated legal proceedings into entertainment programming by commodifying events, people, and places."--Page 4 of cover

"Getting to Maybe: How to Excel on Law School Exams appears on summer reading lists at countless law schools, and professors often recommend it in first-year courses. The book recognizes that law exams test legal reasoning and that legal reasoning cannot be reduced to any simple "check the boxes" template. It offers a clear, readable, and often humorous guide to how lawyers and judges deploy legal reasoning in real-world disputes and how law professors test such disputes-and the reasoning required to resolve them-on law exams"-- Provided by publisher

"The Turn to Process explores how American conceptions of law, democracy, and markets changed between 1870 and 1970 from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. A fascinating work for those interested in US intellectual history and modernism"-- Provided by publisher

"This book explores the use of agreements to establish or alter rights and duties in a family, and family law, context. It offers a comprehensive overview of current American law in the area, while also providing thoughtful policy and moral arguments for and against such private ordering"-- Provided by publisher

"Autonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions. Its chapters question the adequacy of accident compensation systems designed around the human wrongdoer, or a human whose conduct can be attributed to a legal person, when the 'wrongdoer' is an autonomous system. With a multi-jurisdictional approach, including both common and civil law perspectives, this book examines the many challenges that autonomous systems present in tort law and sets forth that tort lawyers will need to significantly adjust their thinking to face these challenges. Focus is given to proposals and developments at an EU level and finding solutions to the problems brought about by autonomous systems. This insightful text will be of great value to both students, researchers and practitioners in tort law, accident compensation and AI. High tech companies, think tanks, consultancies and organisations interested in autonomous systems and accidents will also widely benefit from its expertise." -- back cover

"This book provides its readers with an overview of the construction project, offering a step-by-step primer to understand how the construction project flows from the initial design until the final project "close-out." It focuses on the contractual aspects of the construction project - the paperwork, the process and the unique terms encountered in the project-related documents. The objective of this book is to provide its reader a clearer understanding of the people and paperwork involved in a bonded construction project, which may serve as a handy resource for anyone approaching a construction project for the first time." -- publisher's website

"Updated and expanded, this comprehensive two-volume set is a valuable resource for commercial lenders and their lawyers negotiating or reviewing commercial lending laws outside their own jurisdiction. With contributions from experts across the country, this practical guide outlines all aspects of commercial lending laws in all 50 states, the District of Columbia, Puerto Rico, and Canada." -- publisher's website

"This book provides a detailed historical account of Medicare reimbursement and payment approaches used across nearly all provider types, along with a practical discussion of commercial payer contracting and payment strategies. It then concludes with a deep dive into the legal issues that arise in payer-provider disputes, including the most common issues and case examples"-- Provided by publisher

"This 11th volume in the highly acclaimed Encyclopedia of Law and Economics provides a sophisticated summary of law and economics approaches to the most important topics in contemporary corporate law. The work is divided into three thematic parts, namely; corporate governance, securities regulation, and the law and economics of debt financing. The Encyclopedia reviews leading empirical research and provides theoretical methods for a nuanced understanding of the field, including such specific issues as the characteristics of corporations, the role of passive index funds in corporate governance, the board of directors' actions, and core principles such as the business judgement rule. Presenting a synopsis of both the classic and emerging literature across several corporate law sectors, each chapter also offers a detailed bibliography and operates as a springboard and touchstone for further research. Corporate Law and Economics will be an indispensable resource for scholars and students of corporate law as well as for economics, accountancy and management scholars working in the fields of corporate governance and industrial organisation." -- publisher's website

Contents: Volume 1. Background of the SEC statutes -- Federal regulation of the distribution of securities -- Coverage of the Securities Act of 1933 : definitions and exemptions -- Protective committee reform : the Trust Indenture Act of 1939 and SEC functions under the Bankruptcy Code -- Control concepts under the SEC statutes -- Registration and postregistration provisions of the 1934 Act -- Regulation of the securities markets -- Volume 2. Regulation of brokers, dealers, and investment advisers -- Fraud -- Manipulation -- Civil liability -- Government litigation -- SEC administrative law -- Conflict of laws, procedural aspects, and globalization

"How did the Nutrition Facts label come to appear on millions of everyday American household products? As Xaq Frohlich unearths, this legal, scientific, and seemingly innocuous strip of information is in fact a prism through which to view the high-stakes political battles and development of scientific ideas that shaped the realms of American health, nutrition, and public communication. From Label to Table tells the biography of the food label. By tracing policy debates at the U.S. Food and Drug Administration (FDA), Frohlich describes the emergence of our present information age in food and diet markets and how powerful government offices inform the public about what they consume. From the early years of FDA food standards, with concerns about consumer protection, up to present-day efforts to modernize the Nutrition Facts panel, Frohlich explores the evolving popular ideas about food, diet, and responsibility for health that inform what goes on the label and who gets to decide that"-- Provided by publisher

"Truth and transparency are central to an informed democracy. This book explores how undercover investigations, though controversial, can contribute to democracy by exposing wrongdoers. Through original empirical research and doctrinal study, it examines in depth the legality of, and public opinion about, such investigations in the U.S"-- Provided by publisher

"This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a 'vulnerable legal subject' should displace the 'liberal legal subject' that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the "vulnerable legal subject" and requires new thinking about state or governmental responsibility. Importantly, to achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or 'common' good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide-range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility and requiring appropriate limitations on the individual. This book's reorientation of the subject, as well as the central objectives of law and policy will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology"-- Provided by publisher

This title examines how slavery is understood in law, showing how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons

"This guide offers practical advice for lawyers who represent animal protection organizations. Beginning with an overview of the organizations whose missions are to promote the humane treatment of animals and how lawyers can support them, the book covers governance, operations, constitutional matters, DEI, legal ethics, and laws that are most relevant to animals and organizations protecting them"-- Publisher's description

Lotteries date back to the early days of the republic and was the subject of a major case by Chief Justice John Marshall in Cohens v. Virginia (1821). It has become an even more important topic in the last decades, as 45 or so states have adopted lottery laws and there are national lotteries like Powerball and Mega Millions. The federal statutes that affect lotteries include those: under the criminal code; covering participation by national banks in lotteries; dealing with the role of the post office; and governing false representations. The guide will cover both state statutory and administrative law references as well as secondary sources such as encyclopedias, practice books, treatises, law reviews and legal periodicals, websites, and blogs. --Publisher

"Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians"-- Provided by publisher

"This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states." -- publisher's website

"Goldwater v. Carter tells the story of the Supreme Court decision to uphold President Jimmy Carter's unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator (and former presidential candidate) Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that Carter needed Senate approval to take this action. Goldwater claimed that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO, thereby endangering the global political order. Ironically, years later, this very threat was posed by President Donald Trump, who stood in the mold of Goldwater's brand of conservatism. Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR's New Deal, Congress curbed this expansion of executive branch authority as a result of the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court's decision in favor of Carter, however, marked a return to the growth of the "imperial presidency," which has since only continued to expand"-- Provided by publisher

"This book describes principles of administrative law and jurisprudential trends governing how executive branch and independent agencies of the federal government interact with citizens, with each other, and with Congress, the President, and the courts"-- Provided by publisher

"This expanded treatment of the subject covers topics including recent constitutional developments related to federal agency adjudication, the wide word of "informal" adjudication conducted outside the APA, the internal management and external oversight of adjudication programs, and developments in the use of technology to support and manage adjudication. While government and private counsel engaged in administrative adjudication under the APA will still find this Guide practically useful, its focus on questions of institutional design will prove invaluable for an expanded audience of executive- and legislative-branch policy makers, federal judges, academic researchers, nongovernmental organizations, advocates, and others involved with federal administrative agencies." -- publisher's website

Contents: Article 1. Preliminary -- Article 6. Authorized dispositions -- Article 7. Collateral consequences of criminal conviction -- Article 8. Sentencing Commission -- Article 9. Sentencing guidelines -- Article 10. Judicial sentencing authority -- Article 11. Prison release; Correctional populations exceeding capacity -- Appendix A. Principles for legislation -- Appendix B. Institutional structure of the sentencing system -- Appendix C. The question of parole-release authority -- Appendix D. Victims' roles in the sentencing process

Contents: Recent developments in employment law -- Is your employee handbook up to date? : essential components and sample policies for today's workplace -- Hiring/Recruiting -- Employee discipline and termination -- Workplace behavior and privacy issues -- Wage and benefit issues -- Discrimination and harassment