Recent Acquisitions at the Marquette Law Library

The familiar story of civil rights goes like this: once, America's legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn't join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement. In Before the Movement, acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these "rights of everyday use," Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself--the laws all of us live under today. Penningroth's narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story--their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life--a vision allied with, yet distinct from, "the freedom struggle."

"This provocative and timely book identifies and disrupts the conventional regulation and governance discourses concerning AI and big data. It suggests that, instead of being used as tools for exclusionist commercial markets, AI and big data can be employed in governing digital transformation for social good.Analysing the ways in which global technology companies have colonized data access, the book reveals how trust, ethics, and digital self-determination can be reconsidered and engaged to promote the interests of marginalized stakeholders in data arrangement. Chapters examine the regulation of labour engagement in digital economies, the landscape of AI ethics, and a multitude of questions regarding participation, costs, and sustainability. Presenting several informative case studies, the book challenges some of the accepted qualifiers of frontier tech and data use and proposes innovative ways of actioning the more conventional regulatory components of big data." -- back cover

"Did you know that once a week an adopted child is advertised to be given away on Internet? The book "Unregulated Custody Transfer of Adopted Children" is a thought-provoking and an eye-opening book that uncovers the gray zone of adoption. The book talks about the often-overlooked issue of the terrifying reality of national and international adoption. Through legal analysis and accompanying story this book sheds light on the heart-wrenching reality of children who have been rehomed. It delves into the lives of adoptive families who find themselves overwhelmed and unable to care for their adopted children, leading to a black market of custody transfer where vulnerable children are given away with one click and with just one piece of paper to strangers. This book is a must-read for as it highlights the urgent need for increased regulation and oversight to protect the well-being of children in need of safe and loving homes. Particular attention is given to the international adoption and the countries such as Russia and Ukraine. The author has played close attention to the laws and regulations in the above mentioned countries by first hand translation and research, in order to give a deeper insights into the heartbreaking reality of unregulated custody transfer of adopted children. The book provides helpful insights for lawmakers, legal practitioners, scholars, child care professionals, international law scholars and students interested in human rights law, adoption law, and child protection."-- Back cover

"This timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of law and policy, leading to more effective legal protection for the environment. Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental law researchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods. Non-Doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers"-- Provided by publisher

"Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee, including VAR, rule breaking, equality in women's sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports. The book will be a valuable resource to Undergraduates, Postgraduates and for those working in the areas of legal philosophy, sports law, and philosophy of sport"-- Provided by publisher

"In recent years, few industries have grown so prodigiously as that of unmanned aircraft systems (UAS) and, as a result, developments in national, regional, and international law and policy are being initiated and implemented. This new edition of the definitive survey and guide, first published in 2016, reflects the expansion of this sector and the importance placed on it by a diverse range of stakeholders, as well as the enlarged regulatory and policy landscape. In addition to updating many of the original chapters, the second edition covers new topics and moves away from a purely introductory book to a more detailed and critical compendium. Authorship has also been extended beyond the original scope of contributors, which originally centred around those affiliated with Leiden University's Institute of Air and Space Law, and now includes additional experts from all around the world, each of whom explores both already existing rules and proposals coming from national, regional and international levels. ... This fully updated edition not only synthesises and clarifies the complex body of international, regional and national UAS-related law, but also provides expert insight into trends and areas of concern for numerous stakeholders. Without a doubt, it will be of immeasurable value to lawyers, relevant governmental and non-governmental agencies, aviation law scholars, and strategic planners in the wider aviation and transport industries. -- back cover

In the aftermath of armed conflicts, genocide and other forms of systemic injustice, states - and increasingly international courts - must repair a large number of survivors of grave human rights violations. As part of a transitional justice process, such reparation should also enable societal transformation. This study offers the most comprehensive proposal for legal standards in this complex situation to date. It comprises interview-based case studies of the reparation programs in Sierra Leone, Colombia, and at the International Criminal Court, as well as theoretical reflections on the goals and role of reparation in transitional justice. With that, the study provides deep insights into the problems and opportunities of this instrument

"This unique book has been described as "the one we've been waiting for" and "a game-changer for public communication." It collects the empirical evidence for the value of plain language in business, government, and law. Professor Kimble summarizes 50 studies (no less) showing that using plain language can save organizations and agencies a ton of money and that plain language serves and satisfies readers in every possible way. They strongly prefer it to legalese and officialese, they understand it better and faster, they are more likely to comply with it, and they are more likely to read it in the first place. Because it makes for readers who are more motivated, trusting, and confident, it could even help to restore faith in public institutions. The potential benefits are extraordinary. The book also debunks the ten biggest myths about plain language, including the myths about plain legal language. It looks back on 40 highlights in plain-language history. And it outlines the elements of plain language. The book's call for clarity and simplicity is vital to everyone who writes for the public-and to every legal writer as well, since more than 15 of the studies involved legal documents. And the book's lively, distinctive style makes it a pleasure to read. Professor Kimble is a leading expert on this subject. He has lectured throughout the United States and abroad, and has won several national and international awards for his writing and work"-- Provided by publisher

"No matter your role or level of experience, the Legal Writing Institute's Moot Court Advisor's Handbook is a resource of best practices for running moot court and other legal skills competitions. Drawing on the combined expertise of the Legal Writing Institute's Moot Court Committee, the handbook has chapters on administering a moot court program, running an internal moot court competition, coaching teams at external moot court competitions, and establishing your own external moot court competition"-- Provided by publisher

Contents: Background -- The practice of elder law -- Ethical issues in elder law practice -- Comprehensive planning for longer life -- Planning for the transfer of assets -- Planning for incapacity -- Health care decision making and advance directives -- Health care decision-making statutes : state by state -- Guardianship and conservatorship -- Special needs trusts -- Medicare -- Medicaid -- Long term care options -- Social security retirement benefits -- Social security disability -- Supplemental security income -- Social Security Administration appeals process -- Veterans' benefits -- Government employee retirement programs -- Private employer retirement plans -- Individual retirement accounts -- Taxation -- Housing -- Supplemental nutrition assistance program -- Family rights and responsibilities -- Elder abuse -- Consumer credit protection -- Age and disability discrimination -- Community resources

"In this book, the authors explore the relationship between federal procurement and the FCA. The chapters describe the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts. They also describe the complex process for initiating, litigating, and resolving FCA actions, and how those processes interact with the complexities of performing and closing out government contracts. In addition, they describe the substantive requirements and evolving evidentiary challenges of litigating a FCA case in a government contracts context. Finally, they describe possible modifications to the FCA that have the potential to improve compliance and reduce costs, as well as additional areas of likely FCA enforcement outside of the traditional realms of government contracts and government funded healthcare"--Publisher's website

"This book is intended as a high-level guide to aid in understanding and navigating business inclusion programs and laws in government contracting at the federal, state, and local levels of government"-- Provided by publisher

"Representing Franchisees is a reference for lawyers advising and representing the thousands of people and companies who buy franchises every year"-- Provided by publisher

"This book combines literature on legal history, infrastructure, privatization, and neoliberalism in America to highlight the multilayered nature of infrastructure and related concepts. The book situates recent infrastructure debates in a genealogy of public-private governance in the United States"-- Provided by the publisher

A March of Liberty: A Constitutional History of the United States is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available. Reflecting the latest in contemporary scholarship, the authors successfully blend cases and court doctrines into the larger fabric of American political, economic, and social history. They discuss in detail the great cases handed down by the Supreme Court, showing how these cases played out in society and how constitutional growth parallels changes in American culture

"In contemporary constitutional politics, Section One of the Fourteenth Amendment-which includes the citizenship, privileges and immunities, due process, and equal protection clauses-is the star of the show, with some attention given to Section Five. But this was not the focus of interest for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections Two, Three, and Four. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing "rebel rule" by punishing treason and rewarding loyalty, particularly loyal whites who remained faithful to the Union during the Civil War. In this first of three planned volumes for UPK's Constitutional Thinking series, Mark Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction"-- Provided by publisher

"The author addresses one of the most pressing issues in modern American life: the pervasiveness of lies, the constitutional protection they enjoy, the harm that they cause, and how to combat them. The two most recent presidential elections, the battle against the coronavirus, and the January 6, 2021, attack on the Capitol demonstrate the power of lies, their pervasiveness online, and the damage that they can inflict"-- Provided by publisher

"First book to argue that immigrant and refugee rights are part of the fight for racial justice; offers a humanitarian approach to reform and abolition"-- Provided by publisher

"This book presents a gripping analysis of the hidden factors that affect the asylum claims and rights of unaccompanied minors in the US. This book reveals how politics, economics, and social pressures shape the decisions of immigration judges and how federal courts respond to policies impacting these vulnerable minors"-- Provided by publisher

"This groundbreaking book uncovers how anti-Black racism has informed and perpetuated anti-literacy laws, policies, and customs from the colonial period to the present day. A counternarrative of the history of Black literacy in the United States, the book's historical lens reveals the interlocking political and social structures that have repeatedly failed to support equity in literacy for Black students. Arlette Ingram Willis walks readers through the impact of anti-Black racism's impact on literacy education by identifying and documenting the unacknowledged history of Black literacy education, one that is inextricably bound up with a history of White supremacy. In illuminating chapters, Willis exposes, interrogates, and analyzes incontrovertible historical evidence of the social, political, and legal efforts to deny equal literacy access. Chapters cover an in-depth evolution of the role of White supremacy and the harm it causes in forestalling Black readers' progress; a critical examination of empirical research and underlying ideological assumptions that resulted in limiting literacy access; and a review of federal and state documents that restricted reading access for Black people. Willis interweaves historical vignettes throughout the text as antidotes to whitewashing the history of literacy among Black people in the US and offers recommendations on ways forward to dismantle racist reading research and laws. By centering the narrative on the experiences of Black people in the US, Willis shifts the conversation and provides an uncompromising focus on not only the historical impact of such laws and policies but also their connections to the present-day laws and policies. A definitive history of the instructional and legal structures that have harmed generations of Black people, this text is essential for scholars, students, and policymakers in literacy education, reading research, history of education, and social justice education"-- Provided by publisher

"This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the second half of the twentieth century to date. The new and updated second edition covers significant developments from the Obama and Trump administrations, including the two Trump impeachments, the January 6 Committee investigation of the 2021 insurrection at the U.S. Capitol, and recent Supreme Court decisions on congressional investigative powers. The book is organized by case study topic, with each chapter using two or three case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of the book is the importance of effective congressional oversight and investigative activities in our American democratic system of government, especially in the aftermath of the disputed 2020 presidential election. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues"-- Provided by publisher

"As water becomes ever more important in a rapidly growing United States challenged by lessening firm-yield water reliability, the public needs to understand the myriads of quite different state-by-state water policies. States share surface water and groundwater sources that relate to each other conjunctively. Texans for example, should understand New Mexico water ownership and state policies because they share surface water and groundwater sources. Californians should understand Nevada's water policies for the same reasons. Above all else, the people of the United States must realize that a water policy in one state can drastically impact water availability in neighboring states. Although the federal government has supra-legal authority over some state water policies and acts as the ultimate arbiter of interstate disputes, no one current book exists that explains the complicated relationships between state water policies with an analysis of federal water policies. Water Rights in the United States : A Guide through the Maze is a one-stop resource providing a state-by-state analysis of water ownership, regulatory agencies, and water polices. It explains the complicated relationships between state water policies and provides an analysis of federal water polices. How we manage these policies is of utmost importance to all Americans"-- Provided by publisher

"This review of the Supreme Court's October 2022 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

"The inside story of how one president forever altered the Supreme Court, with consequences that endure today. By the summer of 1941, in the ninth year of his presidency, Franklin Roosevelt had molded his Court. He had appointed seven of the nine justices (the most by any president except George Washington) and handpicked the chief justice. But the wartime the Roosevelt Court had two faces. One was bold and progressive, the other supine and abject, cowed by the charisma of the revered president. This book examines these justices--from the mercurial, Vienna-born intellectual Felix Frankfurter to the Alabama populist Hugo Black; from the western prodigy William O. Douglas, FDR's initial pick to be his running mate in 1944, to Roosevelt's former attorney general and Nuremberg prosecutor Robert Jackson. The justices' shameless capitulation and unwillingness to cross their beloved president highlight the dangers of an unseemly closeness between Supreme Court justices and their political patrons. But the FDR Court's finest moments also provided a robust defense of individual rights, rights the current Court has put in jeopardy"--Adapted from the publisher's description

"Analyzing the influence of previous US Supreme Court dissents on future majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, including textual analysis of opinions, this book demonstrates that court majorities engage with dissents that pose a particular threat to the strength and position of the majority opinion-specifically, well-crafted and attention-grabbing dissents from larger, ideologically mixed coalitions. These results suggest that majorities can be persuaded by thoughtful and careful dissenting arguments but must defend against strident appeals to external actors, including the other branches of government, the media, and the public"-- Provided by publisher

Administering Justice examines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders. In contrast to much existing research on states' chief justices, theirs is primarily on their extrajudicial responsibilities rather than intracourt leadership. They analyze the reform agendas advanced by chief justices by assessing the content of State of the Judiciary remarks delivered over a period of sixty years. The authors also determine what factors influence the likelihood of success when chief justices request legislators to enact reforms. These analyses confirm that chief justices engage with state politics in meaningful ways and that reactions to their proposals are influenced by ideological congruence with other political elites and the scope of their requests. They also examine the chief justice position as an institution, provide a collective profile of its occupants, and examine growing diversity among court leaders

"In the weeks after Japan finally surrendered to the Allies, the world turned to the question of how to move on from years of carnage and destruction. For Harry Truman, Douglas MacArthur, and their fellow victors, the questions of justice seemed clear: Japan's leaders needed to be tried and punished for the surprise attack at Pearl Harbor; war crimes against citizens in China, the Philippines, Korea, and elsewhere; and rampant abuses of POWs. For the Allied Forces, the trial was an opportunity to achieve justice against the defendants, but also to create a legal framework for the prosecution of war crimes and to prohibit the use of aggressive war, and to create the kind of liberal international order that would prevail in Europe. For the Japanese leaders facing trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism. For more than two years, lawyers for both sides presented their cases before a panel of judges from China, India, the Philippines, and Australia, as well as the US and Europe. The testimony ran from horrific accounts of brutality and the secret plans to attack Pearl Harbor to the Japanese military's threats to destabilize the government if it sued for peace. Yet rather than clarity and unanimity, the trial brought division and complexity; these tensions and contradictions could also be seen playing out across Asia as the trial unfolded, from China's descent into civil war to India's independence and partition to Japan's first successful democratic elections and the rewriting of a new, liberal constitution" -- Provided by the publisher

"Mass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation. Through an in-depth examination of the efficacy and efficiency of mass claims processes, Jason Scott Palmer analyses the actors involved and their roles, such as those who provide reparations and why these reparations are provided. Palmer carefully considers the utility of potential future mass claims reparations regimes through the use of hypothetical mass claims property losses, based on highly relevant case studies such as the Israeli-Palestinian conflict. He emphasizes that, to fully understand mass claims reparations programs, one must inspect the complete process of reparations funding and distribution. Academics researching domestic and international mass claims processes will find the historical analysis within this book to be essential. Due to its practical implications, practitioners engaged in litigating or designing mass claims processes will additionally benefit from its scope"-- Provided by publisher

In order to analyze how transformative musical works are culturally understood, this book examines how mainstream press discourse talks about them. According to professional journalistic norms, press discussion is supposed to be neutral and balanced. This is, of course, a fiction, because press is to study social power relations, this is a benefit, not a drawback. In particular, norms of explaining "both sides" of an issue mean that a cross section of mainstream thought is available in the press, at the same time that more marginal perspectives are systematically excluded. Moreover, in addition to conveying what the journalist perceives to be a neutral account of a situation, the press helps frame public understanding of issues, thus contributing to making this the default understanding through presenting a hegemonic view as the truth. For these reasons, Stanfill uses press coverage to examine social beliefs circulating widely about transformative musical works. In doing so, she specifically abstracts away from particular journalists and their identities (racial, gender, or others) because, by those same professional norms, individual perspectives are supposed to be suppressed in the name of a (white and masculine) construct of universality. Moreover, an individual journalist presenting an opinion (whether they are aware of doing so or not) is not in itself meaningful, but when there are patterns in opinions across multiple articles, by different people, in different locations and at different moments, they become suggestive of a broader hegemonic formation

"A revised and updated edition of the best-selling dictionary covering core vocabulary with over a hundred new entries and senses. More than 75,000 definitions and 8,000 usage examples aid understanding--and cover the words you need today. Includes pronunciations, word origins, and synonym lists. Features useful tables and special sections on Foreign Words & Phrases and Geographical Names. New words include: athleisure, coronavirus, escape room, First Gentleman, herd immunity, hygge, on-brand, outro, patient zero, petrichor, PPE, Telehealth, unmute, UX, and YouTuber."-- Publisher's description