Recent Acquisitions at the Marquette Law Library

"A privileged white girl in conservative, segregated Virginia was expected to adopt a willful blindness to the inequities of race and the constraints of gender. For Drew Gilpin, the acceptance of both female subordination and racial hierarchy proved intolerable and galvanizing. Urged to become "well adjusted" and to fill the role of a poised young lady that her upbringing imposed, she found resistance was necessary for her survival. During the 1960s, through her love of learning and her active engagement in the civil rights, student, and antiwar movements, Drew forged a path of her own--one that would eventually lead her to become a historian of the very conflicts that were instrumental in shaping the world she grew up in. Culminating in the upheavals of 1968, Necessary Trouble captures a time of rapid change and fierce reaction in one young woman's life, tracing the transformations and aftershocks that we continue to grapple with today" -- publisher's description

We are, all of us, everywhere, always, enmeshed in a web of rules and constraints. Rules fix the beginning and end of the working day and the school year, direct the ebb and flow of traffic on the roads, dictate who can be married to whom and how, place the fork to the right or the left of the plate, lay down the meter and rhyme scheme of a Petrarchan sonnet, and order the rites of birth and death. Cultures notoriously differ as to the content of their rules, but there is no culture without rules. In this book, historian of science Lorraine Daston adopts a long term perspective for studying rules from diverse sources, including monastic orders, cookbooks, and mathematical algorithms. She argues that in the Western tradition most rules can be characterized as one of the following: tools of measurement and calculation, models or paradigms, or laws. Moreover, they exist on spectra from specific to general, flexible to rigid and the specific-to-general, and universal-to-particular. In investigating how rules work, how they don't work, how they've changed across time, and why exceptions are necessary, Daston paints a vivid picture of Western civilization from the antiquity to the present.

"Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life chronicles how local police and criminal justice systems intruded on gay individuals, criminalizing, profiling, surveilling, and prosecuting them from the 1930's through the 1960's. Anna Lvovsky details the progression of enforcement strategies through the targeting of gay-friendly bars by liquor boards, enticement of sexual overtures by plainclothes police decoys, and surveilling of public bathrooms via peepholes and two-way mirrors to catch someone 'in the act.' Lvovsky shows how the use of tactics indistinguishable from entrapment to criminalize homosexual men in public and private spaces produced charges brought forward and disputed by attorneys and evidence that had to stand before judges, who at times intervened against punitive policies. In Vice Patrol the author demonstrates how developments in the psychological, medical, and sociological handling of homosexuality filtered into police stations, courthouses, and the wider culture"-- Provided by publisher

"An award-winning scholar exposes the foundational racism of the child welfare system and calls for radical change. Many believe the child welfare system protects children from abuse. But as Torn Apart uncovers, this system is designed to punish Black families. Drawing on decades of research, legal scholar and sociologist Dorothy Roberts reveals that the child welfare system is better understood as a 'family policing system' that collaborates with law enforcement and prisons to oppress Black communities. Child protection investigations ensnare a majority of Black children, putting their families under intense state surveillance and regulation. Black children are disproportionately likely to be torn from their families and placed in foster care, driving many to juvenile detention and imprisonment. The only way to stop the destruction caused by family policing, Torn Apart argues, is to abolish the child welfare system and liberate Black communities"-- Provided by publisher

"Purnell details how multi-racial social movements rooted in rebellion, risk-taking, and revolutionary love pushed her and a generation of activists toward abolition. The book travels across geography and time, and offers lessons that activists have learned from Ferguson to South Africa, from Reconstruction to contemporary protests against police shootings. Here, Purnell argues that police can not be reformed and invites readers to envision new systems that work to address the root causes of violence. Becoming Abolitionists shows that abolition is not solely about getting rid of police, but a commitment to create and support different answers to the problem of harm in society, and, most excitingly, an opportunity to reduce and eliminate harm in the first place"--Provided by publisher

"The story of the dramatic postwar struggle over the proper role of citizens and government in American society. In the 1960s and 70s, an insurgent attack on traditional liberalism took shape in America, built on new ideals of citizen advocacy and the public interest. Environmentalists, social critics, and consumer advocates like Rachel Carson, Jane Jacobs, Ralph Nader, and others crusaded against what they saw as a misguided and often corrupt government. Drawing energy from civil rights protests and opposition to the Vietnam War, the new citizens movement drew legions of followers and scored major victories, disrupting plans for highways and dams, banning harmful chemicals, and blocking pipelines. In the process, citizen advocates helped to undermine big government liberalism and, ironically, clear the way for Reagan-era "free market" conservatives who sought to slash regulations and enrich corporations. Public Citizens traces the history of the public interest movement and explores its tangled legacy, showing the ways New Deal liberalism fell apart and the challenges in trying to replace it"-- Provided by publisher

"Backdoor Lawmaking reveals how members of the US Congress use the federal bureaucracy as a backdoor for policymaking. Lawmakers pressure agencies to make policy changes in order to avoid obstacles in the legislative process. The book uses records obtained under the Freedom of Information Act in qualitative and quantitative analyses to show how members of Congress are incorporating agency regulations into a broader strategy of policymaking that spans branches of government and which lawmakers are most effective at using this approach. Lawmakers use agency regulations as a substitute for legislative action, pressure agencies to delay and block the implementation of law until new legislation is passed, and work with agencies to draft legislation. The bureaucracy also offers lawmakers a discreet way to represent controversial interests outside of the formal constraints of Congress. The book considers the implications of its findings for democratic accountability and representation and assesses the normative tradeoffs: Inter-branch policymaking allows members of Congress to evade accountability and to bypass the lawmaking process established in the US Constitution. Yet, it may be critical for preserving democratic norms given the growth of administrative lawmaking"-- Provided by publisher

"The Confederation Challenge is a two volume collection containing some of the most thought-provoking background papers and reports on Confederation ever prepared. These articles pull no punches as they put forward controversial views on such topics as: How should the Constitution be amended? What relationship should Quebec have to the rest of Canada? What is the actual and suggested role and structure of the Supreme Court of Canada; the role of a province in international relations; taxation; and proposals for reforming the Canadian Senate. These are not readings for the academic community alone, but for every Canadian who is committed to the belief that Canada must survive." -- Dust Jacket

"The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world."-- Back cover

"With burgeoning legislation, investor pressure, and consumer demand, responsible and sustainable supply chains are a high priority. This guide is for businesses and counsel who want to reduce adverse human rights impacts and environmental risks in their supply chains. The panel of authors has come together to build an effective and balanced structure to protect the environment and the human rights of workers"--Publisher's description

"This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation." -- Publisher's website

"This book examines networks of lawyers, legislators and litigators, and how they shaped legal development in Britain and the world. It explores how particular networks of lawyers - from Scotland to East Florida and India - shaped the culture of the forums in which they operated, and how - as with twentieth century feminist campaigns - personal connections could be crucial in pressuring the legislature to institute reform. It explores the transmission of legal ideas and practices from one location to another, across time and space. What happened to those ideas and practices was not predetermined, but when new connections were made, they could assume a new life. In some cases new thinkers made intellectual connections not previously thought of; in others it was the new purposes to which ideas and practices were applied which made them adapt"-- Provided by publisher

"Gay Fathers, Twin Sons follows the story of Andrew from the United States and Elad from Israel, who married in Canada where same-sex marriage was permitted, and details their struggle to then immigrate back to the United States with their biological twin sons"-- Provided by publisher

"This handbook is designed for the believers: the leader-managers who believe that collaboration and innovation are essential to their business and who want to learn how to facilitate it; the leader-managers who believe that in the process of learning how to collaborate and innovate, professional service providers begin to hone the much-needed skillsets and mindsets that delight clients. It is designed for the leader-manager who is tired of the design thinking methods that are messy and confusing and not geared toward professional service providers' temperament, training, and current ways of working. And for those who desire to lead multidisciplinary teams on a collaborative, innovation journey and who seek a method that is methodical, clear, and proven successful among professionals who have no prior training in design thinking or innovation"-- Provided by publisher

"In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find, rather than make, law. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, "reading the law forward"-what some call judicial pragmatism or consequentialism-is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Hoffer offers an empirical study of how this approach to constitutional interpretation leads to better law. Reading Law Forward looks at seven judges, from John Marshall to Stephen G. Breyer, who exemplify this alternative jurisprudence"-- Provided by publisher

"This manual is not intended to be an educational piece on substantive law and procedure. Such education falls in the realm of formal paralegal training and the training in individual law offices in the states. This manual is a "how to" on helping your lawyer navigate the administration of effective case and client management, document assembly, hearing, deposition, and trial preparation. Each chapter contains brief and to-the-point discussions of each area, usually with one or more forms or checklists to make things easy"-- Provided by publisher

"Although each state has developed its own procedures for initiating and administering guardianships and conservatorships, NGA created Fundamentals of Guardianship to provide general information to family, professional, and public guardians and conservators, so they are equipped to provide exemplary services that follow the best practices of excellence in guardianship"-- Provided by publisher

"Some courses on property law begin with the analysis of cases - sometimes they concern the acquisition of personal property, sometimes wild animals; and sometimes they introduce the subject with a U.S. Supreme Court case concerning the Fifth Amendment's takings clause or with a case about Native American claims to property that puts our American system into perspective. Historical and philosophical readings about property law's development might also be used to gain perspective"-- Provided by publisher

"This book is a guide for advocates preparing to take a complex construction dispute to arbitration. It is not intended as a step-by-step handbook, because every case, and every lawyer, will be different. The focus is squarely on what you need to know to maximize your effectiveness in the arbitration context -- your advance planning for the arbitration, your conduct as an advocate, your preparation of the case, your presentation of the case at the hearing, and your drafting of post-hearing submissions. Ultimately, this book should provide you with the information you need to fit your own personal style to the needs of a complex construction arbitration." -- Back cover

"This book presents a comprehensive examination of the Stark Law and its implementing regulations. Contrary to the belief of some, Stark is not rocket science, but there are a lot of nooks and crannies of which practitioners need to be aware in order to practice competently in this area. Although the book delves into considerable detail in some areas, there are many more weeds to wade through that I walked around"-- Provided by publisher

"This popular monograph explains the types of patents and important issues such as the value of patents; what is patentable; how to obtain a patent; enforcement of patents; and more." --Publisher's website

"This book is a comprehensive guide to patent application administrative (non-substantive) procedure. Written for anyone engaged in or contemplating patent application, it covers the patenting process from initial invention disclosure by the inventor/applicant through post-grant proceedings" -- Publisher's description

"The jury instructions in this volume pertain to patent law litigation. They are for those among us who, every once in a while, fail to settle a case and therefore must go to trial. When a case is tried before a judge, that judge is presumed to know the law. When the case is tried before a jury of laypeople, they are presumed not to know the law. Therefore, they must be provided with a legal road map. These jury instructions are intended to serve that purpose"-- Provided by publisher

"This book represents the cutting edge of physician law. The publication emanates from the American Bar Association Health Law Section's 2023 Physicians Legal Issues Conference. The conference and Physician Law: Evolving Trends & Hot Topics have been produced in conjunction with the Chicago Medical Society and the American Medical Association, tailored to an audience including physicians, lawyers, healthcare administrators, and other healthcare business people. ... Physicians will especially benefit from the content that addresses a broad range of non-clinical topics that are currently transforming American healthcare. The chapters target issues that are not typically covered in most medically oriented volumes but nonetheless are critically important in the practice of medicine. Physician Law: Evolving Trends & Hot Topics is an excellent reference for clinicians and professionals who want to stay abreast of current legal and regulatory issues impacting their practice." -- Publisher's website

"According to commentator and lawyer Elie Mystal, Republicans are wrong when they tell you the First Amendment allows religious fundamentalists to discriminate against gay people who like cake. They're wrong when they tell you the Second Amendment protects the right to own a private arsenal. They're wrong when they say the death penalty isn't cruel or unusual punishment, and they're wrong when they tell you we have no legal remedies for the scourge of police violence against people of color. In fact, Mystal argues, Republicans are wrong about the law almost all of the time, and now, instead of talking about this on cable news, Mystal explains why in his first book"-- Provided by the publisher

"The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today--about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution--and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to 'originalism,' arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn't contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects--what it does to our rights and our institutions. It must respect those rights and institutions--and safeguard the conditions for democracy itself"-- Provided by publisher

"In these pages Richard Labunski offers a dramatic account of how an unlikely hero - the shy, soft-spoken, and scholarly James Madison - almost single-handedly brought the Bill of Rights to life against daunting odds, forever shaping, and perhaps even saving, the United States."--BOOK JACKET

"This is a comprehensive study of the natural law tradition in American constitutional history"-- Provided by publisher

"The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is. Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself. To restore the Court's legitimacy, Tang proposes a different approach to hard cases: a "least harm principle" under which the Court rules against the side with the greatest ability to avoid the harm it would suffer in defeat. Examining a surprising number of popular opinions where the Court has applied this approach, Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation."--Dust jacket

"The 2023 Survey of Federal Class Action Law: A U.S. Supreme Court and Circuit-by-Circuit Analysis is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in federal circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective circuits and address changes in rules and statutes as well as significant case law." --Publisher's website

"Preparing for a Federal Jury Trial shares proven trial strategies and techniques that can help you win your next federal jury trial. The book is for any lawyer interested in developing or enhancing trial advocacy skills at the federal level." -- Publisher's website

"""A guide for practitioner's during arbitration""-- Provided by publisher
""A Practitioner's Guide to Arbitration tells practitioners everything they need to know about how to arbitrate and how arbitration differs from litigating in court."" --Publisher's website."

"Criminal Law for Family Law Attorneys is a guide to spotting criminal issues and concerns in family law cases, useful for family law attorneys or anyone going through a family law matter. There is often an overlap between family law and criminal defense. Sometimes the criminal implications in family law cases are obvious, such as domestic violence, but they are often less so, such as unlawful tracking and surveillance. Family law attorneys who do not understand the criminal implications and recognize this overlap can accidentally exacerbate the situation by not being able to advice their clients properly. Criminal Law for Family Law Attorneys is designed to help family law attorneys keep their clients out of trouble. While this book will not make you an expert in criminal defense, it will help you identify the issues so that you can appropriately advise your client or get them counsel from a criminal defense attorney. Sometimes, the best thing we can do for our clients is identify and address potential issues before they become problems." -- Publisher's website

"The Federal Anti-Kickback Statute and Safe Harbors is a comprehensive reference book for one of the nation's most commonly cited, investigated and enforced health care fraud and abuse laws. The book offers practical guidance to health care attorneys in understanding the law's origin, purpose and requirements"-- Provided by publisher

"This book is a commentary on the Black Letter Standards"-- Provided by publisher

On April 29, 1946, the International Military Tribunal for the Far East, also known as the IMTFE, the Tokyo Tribunal or the Tokyo Trials, began. This unique trial lasted for over 2 1/2 years, with judges from 11 nations and only 28 defendants, all of whom were found guilty of various crimes against humanity and crimes against the peace. Both of these phrases were first used in this and its European counterpart, the International Military Tribunal. Though over the course of time other tribunals have become more well known, the Tokyo Tribunal was pivotal in the establishment of this means of international justice. This book is intended to bring the research of this trial up to date. In this book, Jim Mumm has sought to look at all of the literature since 2000 that focuses in whole or in part on this unique Japanese trial. The book will include a timeline that includes background events which were influential in establishing both the IMT and the IMTFE, as well as information on source documents from the era of the trials and literature that has not been included in previous bibliographies. While not intending to replicate other bibliographies, it will also point to major works from the 20th century. -- Publisher

"Conservatives have succeeded in establishing their vision of education in America, one in which government funds can be used to pay for both public and private schools. As a result, the very meaning of public education in the United States has shifted away from the idea of a universal good. To understand how we got here, The Death of Public School argues, we must look back at the turbulent history of school choice. The Death of Public School tells the rich and surprising story about the people, unusual political alliances, and philanthropic interests that have fueled the rise of the school choice movement over the last 70 years. Drawing on two decades of experience as an education reporter, Fitzpatrick traces the origins of school choice in the modern era from Milton Friedman, a Nobel Prize-winning economist who helped lead a revival of conservatism in the 20th century, to the present day, in which conservatives are propelling the spread of choice options, such as charter schools, school vouchers, and tax-credit scholarships. Fitzpatrick paints rich portraits of people from various political and cultural backgrounds-from free-market conservatives to Catholic priests to white segregationists in the South to Black parents in urban school systems-who, in pursuit of their vision of education, linked arms with individuals across the aisle"-- Provided by publisher