Recent Acquisitions at the Marquette Law Library

`"Adam Kuper's iconoclastic intellectual history argues that the idea of "primitive society" is a western myth. The "primitive" is imagined as the opposite of the "civilised". But this is a protean myth. As ideas about civilisation change, so the image of primitive society must be adjusted. By way of fascinating account of classic texts in anthropology, ancient history and law, Kuper reveals how this myth underpinned academic research and inspired political programmes. Its ancestry is traced back to classical western beliefs about barbarians and savages, and Kuper also tackles the latest version of the myth, the idea of a global identity of "indigenous peoples"." -- Publisher's website

"The neighborhoods we live in impact our lives in so many ways: they determine who we know, what resources and opportunities we have access to, the quality of schools our kids go to, our sense of security and belonging, and even how long we live. Yet too many of us live in neighborhoods plagued by rising crime, school violence, family disintegration, addiction, alienation, and despair. Even the wealthiest neighborhoods are not immune; while poverty exacerbates these challenges, they exist in zip codes rich and poor, rural and urban, and everything in between. In Fragile Neighborhoods, fragile states expert Seth D. Kaplan offers a bold new vision for addressing social decline in America, one zip code at a time. By revitalizing our local institutions--and the social ties that knit them together--we can all turn our neighborhoods into places where people and families can thrive. Readers will meet the innovative individuals and organizations pioneering new approaches to everything from youth mentoring to affordable housing: people like Dreama, a former lawyer whose organization works with local leaders and educators in rural Appalachia to equip young people with the social support they need to succeed in school; and Chris, whose Detroit-based non-profit turns vacant school buildings into community resource hubs. Along the way, Kaplan offers a set of practical lessons to inspire similar work, reminding us that when change is hyperlocal, everyone has the opportunity to contribute."--Publisher

"As the coal industry has declined in Central Appalachia, prisons have emerged as a primary way that the state addresses the resulting crises of revenue loss, unemployment, and population decline. Grounded in fieldwork, archives, and official documents, this book examines how the prison came to shape, and take shape within, Central Appalachia"--Provided by publisher

"This book is a timely examination of congressional oversight in the United States, serving as a definitive guide for scholars and political, legal, and media observers seeking to navigate contemporary conflicts between Congress and the White House. Author Daniel Epstein has spent his professional career as a lawyer serving all sides of the regulatory process: he ran investigations for Congress, defended the White House from congressional oversight, and represented individuals, nonprofit news organizations, and entrepreneurs in federal court to fight for regulatory transparency and fairness. Epstein uses historical and observational data to argue that the modern federal bureaucracy did not begin as a regulatory state but as an investigative state. The contemporary picture of Congress having empowered the bureaucracy to set policy through rules is a relatively recent development in the political development of administrative law. The book's novel econometric models and historical analyses force a shift in how legal scholars and judges understand delegation, congressional oversight, and agency investigations." -- Provided by publisher

The international community invests billions annually in thousands of discrete projects designed to overcome poverty, stop violence, spread human rights, fight terrorism, and combat global warming. The hope is that these separate projects will "add up" to lasting societal change in places like Afghanistan. In reality, these initiatives are not adding up to sustainable peace. Making Peace Last applies systems thinking to help improve the productivity of peacebuilding, broadly defined. This book defines the theory, analysis, and practice needed to create peacebuilding approaches that are as dynamic and adaptive as the societies they are trying to affect. The book is based on a combination of field experience and research into systems thinking, peace and conflict, and conflict resolution. The primary audience is policy makers and practitioners from the many fields that make up peacebuilding. This book can also be used as a textbook in courses on peacebuilding, security, and development.

"Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings"-- Provided by publisher

"This interdisciplinary book compares legal responses to social parenthood, exploring how legal systems recognize adults-including same-sex partners, stepparents, nonmarital partners, grandparents, fictive kin, and other caretakers-who are parenting children, but who are not typically treated as legal parents"-- Provided by publisher

"This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation." -- back cover

This book presents a comparative study on the legal sources of administrative law. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty? Does codification lead to a 'petrification' of administrative law? To what degree does the constitution shape administrative law? Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis

"First, the book does what any good legal writing should do: it transmutes an awesomely complex subject into a story more easily readable and understandable. The authors achieve that by explaining about how each element of ESG historically came to be, and thereafter elucidating at the more theoretical level, each element's conceptual underpinnings. Second, the book explains and elucidates, with remarkable depth and breadth, the wide array of disparate subjects that ESG encompasses. Third, most notable is the book's well-organized internal structure, which is designed to provide practitioners what they most need -a practical approach"-- Provided by publisher

"In this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping. Analysing the broad range of actors and stakeholders involved in sport, this concise introduction illustrates how sports law, once the folly of contract law, now engages criminal, competition and international human rights law. The legal nuances to contemporary debates on concussion, the 'gamblification' of sport, the rights of transgender athletes and sport's flirtation with everything from cryptocurrencies to NFTs and private equity, all come into the orbit of this book. A departure point for further study in sports law, this book is also a reminder that sports law must be about fair play on, off and in court. An accessible, global approach to sports law, this book will be an invaluable companion for scholars and students of sports law worldwide. It will be equally beneficial to legal practitioners, journalists and those with an interest in sport generally." -- Back cover

"This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights"-- Provided by publisher

"This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice, which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes, and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. The Encyclopedia's accessible style will appeal to a broad audience interested in understanding how different countries have reckoned with post-conflict justice"-- Provided by publisher

"Although the 1925 Scopes "Monkey" Trial has been extensively analyzed and written about, this book takes a new approach to the topic, examining John Scopes the man, with material from interviews with his family and friends"-- Provided by publisher

Federal and state laws balance the welfare of animals and the humans that benefit from their use. The growing body of animal welfare laws is the subject of this legal research guide. This guide will assist researchers by providing research strategies and listing the selected statutes, regulations, and secondary resources they need to begin their research in this area of law.--Publisher

"This study looks carefully at which law school faculty and using ChatGPT in their work, and what they are using it for. The study helps its readers to answer questions such as: How are law school faculty benefiting from the use of ChatGPT? What are their reservations about its use? What advice do they offer to their peers? How do they expect it to impact law school operations and legal scholarship and teaching? What has been the impact to date?" -- Publisher's website

"This comprehensive guide covers every stage of organizing and teaching a course in contract drafting. With extensive sample course materials, it offers useful tips for building nuance, creative thinking, and experiential learning into contract drafting curricula." -- back cover

"In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand, present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white, male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, and are more frequently interrupted and described in less positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exists even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future"-- Provided by publisher

"Guardianship, sometimes called conservatorship, is an ever-growing phenomenon. Some of these arrangements are truly beneficial, but countless others are unwanted, unnecessary, and violate constitutionally protected human rights. Award winning journalist, Diane Dimond, dissects the mysterious, ever-expanding, and complicit cottage industry of individuals who profit off the confinement of others"-- Provided by publisher

"Questions & Answers: Wills, Trusts and Estates is a study guide designed to provide students with a fuller understanding of this nuanced and complex area of the law. Passively engaging with rules does not advance the forward edge of a student's comprehension. Reviewing practice questions is a proven way to improve performance on exams. This study guide includes multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of questions comprising a comprehensive "practice exam." For each multiple-choice question, the authors provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. A thoughtful, comprehensive, brief model answer is provided. This edition of the book builds on the foundation established in the first three editions, by revising and updating the topics covered to include new developments in law. Questions have been updated to use more inclusive language"-- Provided by publisher

Contents: Volume 1. Overview -- Scope -- Finance charge -- General rules for closed-end credit disclosures -- Specific closed-end disclosures -- Disclosures for credit cards and other non-home-secured open-end credit -- Substantive protections for credit cards and other open-end credit -- Home equity lines of credit (HELOCs) and reverse mortgages -- Substantive mortgage regulation and TILA mortgage servicing rules -- Truth in lending rescission rights -- Consumer remedies -- Creditor defenses and counterclaims -- Consumer Leasing Act -- volume 2. Appendices: A. The Truth in Lending Act -- B. Regulation Z and historical chart -- C. Official interpretations of Regulation Z -- D. Sample TILA rescission notice -- E. Sample pleadings -- F. Sample discovery -- G. Sample jury instructions on TILA issues -- H. Consumer Leasing Act -- I. State-by-state analysis of state court standing requirements

"Insurance Law for Common Interest Communities: Condominiums, Cooperatives and Homeowners Associations offers comprehensive coverage of insurance-related topics involving common interest communities. It discusses and analyzes statutes, court decisions and policies on those topics and more. It is not only a useful reference tool for attorneys who represent common interest communities, but is also a valuable resource for community association managers, insurance producers, and common interest community boards." -- Publisher's website

"Combining the work of 58 of the most experienced professionals in the fidelity insurance industry, this project incorporates into a single book multiple earlier editions of the Annotated Financial Institution Bond book and the Annotated Commercial Crime Insurance Policy book, as well as the most current coverage provisions and cases interpreting them." -- Introduction

Contents: Domestic torts -- Psychosocial perspectives of violence in domestic relationships -- Violent domestic torts -- Sexual domestic torts -- Infliction of emotional distress and injury to reputation -- Invasion of privacy -- Fraud, abuse of process, economic torts -- Interference with family relationships -- Interference with parent-child relationship -- The physically and emotionally abused child -- Sexually abused children -- Third-party liability : persons -- Third-party liability : professionals and business -- Insurance coverage

"Constitutional Law is in an era of significant doctrinal and methodological change. ... [Revisions] in this edition take account of this reality in two main ways. First, in drafting answers to the questions, we note when the Supreme Court has signaled that a specific constitutional law doctrine or test may change. ... Second, when the Supreme Court adopts a history-based test for an area of constitutional law, we do not discuss how that test might apply to new issues that might arise. ... More generally, this book is written for students taking the basic survey course in Constitutional Law. In drafting questions, we have pitched the breadth, depth, and level of difficulty to those studying the subject for the first time." -- Preface

"What becomes of men the US locks up and kicks out? From 2009 to 2020, the US deported more than five million people-over 90 percent of them men. Banished Men tells 186 of their stories. How, it asks, does forced expulsion shape men's lives and sense of themselves? In this book, a team of thirty-one Latinx students and an award-winning scholar of gender and migrant exclusion uncover a harrowing system that weaves together policing, prison, detention, removal, and border militarization-and overwhelmingly targets men. Guards and gangs beat them down, both literally and metaphorically, as if they are no more than vermin or livestock. Their ties with family are severed. In Mexico, they end up banished: in limbo and stripped of humanity. They do not go "home." Their fight for new ways of belonging, as people of both "here" and "there," forms a devastating, humane, and clear-eyed critique of the violence of deportation"-- Provided by publisher

"A comprehensive history that covers all aspects of America's most important and controversial environmental law. It describes the history of extinction, the creation of The Endangered Species Act, subsequent legislative, judicial, and political events, and contemporary challenges and opportunities for wildlife conservation"-- Provided by publisher

"The right to farm, by name, is essential to the survival of us all as growers and eaters. Since the late 1970s, states across the nation have adopted so-titled right-to-farm laws to limit nuisance suits loosely related to agriculture. But since their adoption, there has yet to be a comprehensive analysis of what these laws do and who they benefit, not just what their title suggests. In the first national analysis and guide of its kind, this book uncovers that right-to-farm laws benefit the largest of operators, like processing plants, while traditional farmers win the least using such laws. Disfavored most of all are those seeking to defend their homes and environment against multinational corporations that use right-to-farm laws to strip neighboring owners of their property rights. Through what the book calls the midburden, right-to-farm laws dispossess the many in favor of the few, paving the path to rural poverty. Empty Fields, Empty Promises summarizes every state right-to-farm law to help interested readers track and navigate their local and regional legal landscape. The book concludes by offering paths forward for a more distributed and democratic agrifood system that achieves agricultural, rural, and environmental justice"-- Provided by publisher

"Making the Supreme Court: The Politics of Appointments 1930--2020 tells the story of 90 years of Supreme Court appointments. It examines what happened, why it happened, the consequences for the Supreme Court, the future of appointments, and the prospects for reform. Based on massive data combined with rich qualitative evidence, Making the Supreme Court employs new theories, cutting-edge technique, and a novel perspective on political institutions. Finally, it provides a sharp lens on the social and political transformations that created a new American politics. It will appeal not only to students of the Supreme Court but to anyone concerned with the origins and future of American politics"-- Provided by publisher

"This book examines the philosophy of judicial review to show how the Supreme Court has transformed elections in America. The Supreme Court has battled over the meaning of rule by the people, and this battle on the Court is a struggle over the defining values of American democracy"-- Provided by publisher

"Questions and Answers: Evidence helps you develop a better, fuller understanding of the law of evidence that will carry you through your evidence class and on into practice. This indispensable supplement, part of our well-known Questions and Answers series, helps you apply concepts as you learn them so that you can prepare more effectively for class and gain a competitive edge on exams. This study guide includes over 380 multiple-choice and short-answer questions, arranged topically for ease of use during the semester, plus an additional set of 101 "practice exam" questions. This edition includes questions on the latest Federal Rules of Evidence amendments and Supreme Court cases. For each multiple-choice question, there is a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less and includes a thoughtful and comprehensive, yet brief, model answer"-- Provided by publisher

"The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective. Both as a tribute to Stuntz's work and as a source of profound new insights, the book is a milestone in the criminal justice literature"-- Provided by publisher

Contents: Preliminary instructions, for use at the beginning of trial. Functions of court and jury -- The charge -- Presumption of innocence/burden of proof -- The evidence -- Testimony presented through interpreter -- Direct and circumstantial evidence -- Considering the evidence -- Credibility of witnesses -- Number of witnesses -- Juror note-taking -- Juror conduct -- Conduct of the trial -- General instructions -- Statutory instructions

"For centuries, most people believed the criminal justice system worked--that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than 300 innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges."--Back cover

"This "a through z" guide to probate is designed to take you from the first days of the estate timeline through all the steps of marshaling and valuing estate assets, locating and paying the creditors, paying the beneficiaries, and laying the estate to rest. You will receive the latest updates on the probate court procedure and tax laws, practical guidance from experienced probate attorneys on using spousal elective share and resolving estate disputes, and sample forms and checklists to speed up the administration process." -- Publisher's website

Contents: General provisions : Scope and purpose -- Making record of objections -- Preliminary considerations -- Judicial notice : Adjudicative facts -- Presumptions : In general civil proceedings -- In criminal proceedings -- Relevancy : General -- When excludable for prejudice -- Character and habit -- Other grounds for exclusion -- Statements by injured person; information concerning crime victims; inadmissibility of statement by health care provider of apology or condolence; communication in farmer assistance programs; and health care reports -- Privileges : General rule -- Lawyer-client privilege -- Privilege between certain health-care providers and patients; domestic violence advocate-victim privilege -- Husband-wife and domestic partner privilege -- Communications to members of the clergy -- Miscellaneous privileges -- Witnesses : General requirements -- Impeachment and character witnesses -- Mode of interrogation -- Use of writings and prior statements -- Court control over witnesses; bias of witness -- Opinions and expert testimony : Opinions by lay witnesses -- Expert opinions -- Hearsay : Definitions and rules -- Hearsay exceptions - declarant availability immaterial -- Hearsay exceptions - declarant unavailable -- Special problems -- Authentication and identification : Requirements -- Contents of writings, recordings, and photographs : Definitions -- Originals and duplicates -- Public records, summaries, and admissions -- Miscellaneous rules -- Appendix A: Crawford and the right to confrontation -- Appendix B: depositions at trial -- Appendix C: criminal trials -- Table of cases -- Index

"This original Research Handbook examines the key legal aspects of a professional football club's actions. Reflecting also on the role of key governing bodies such as UEFA, the Handbook informs and contributes to the ongoing debate surrounding the governance and behaviours of professional football clubs. By placing professional clubs at the centre of the analysis, the Handbook offers an extensive overview of how law, particularly at a European level, is applied to professional football. Chapters explore key actors within the industry, from prominent governing bodies to players, examining how significant club changes such as transfers affect the economic and legal management of clubs. At a time when professional football is coming under increasing scrutiny, this Handbook will encourage critical thinking on the future of clubs' design, organisation and function. This illuminating Research Handbook will be of interest to law and business students endeavouring to investigate sports law and governance. It will additionally be beneficial to policymakers, along with legal and business actors, who are working with professional football clubs and seeking to reflect critically on industry features and legalities"-- Provided by publisher

"This is the first book to examine the significance of European Union antitrust law for the future of sport in Europe. Drawing on multi-disciplinary perspectives from law, economics, sport management and politics, and including case studies about the European Super League (ESL) and the International Skating Union, the book explores key themes in contemporary sport, including governance, ownership and control; the European sport model; the regulatory autonomy of sports organisations; and the relationship between public policy, the law and sport. This is important reading for any advanced student, researcher, policy-maker or practitioner with an interest in sport management, sport law, European law or European politics"-- Provided by publisher

"This book explores the experiences of unaccompanied immigrant youth once they arrive to the United States, with a focus on the professionals who try to help. Once youth are detained at the border, they encounter a wide range of professionals whose job it is to help youth find a family system, obtain legal relief, and enter into the education system. Although many professionals who work to help youth often have youth's best interests in mind, their jobs are shaped by three important strains in U.S. history: border security, racialized child welfare, and neoliberal humanitarianism. Because of this, professionals who work with youth find that they are often complicit in the same oppressive systems that they work against. This book explores the tension in this system by providing a critical lens to those who try to help"-- Provided by publisher