Recent Acquisitions at the Marquette Law Library

"This book fills longstanding gaps in negotiation, a field that too often assumes everyone in diverse societies navigates the same realities. Elite solutions do not trickle down easily to those breaking cycles of poverty and disempowerment. Asking your boss for a raise at a tech company, for example, requires a different negotiation strategy than asking Social Services to help you get your kids back from the court. Context matters. This book makes central how heritage, ethnicity, wealth, gender, age, education, and other factors influence what we ask for, how people respond to our requests, as well as what is at stake when we negotiate. The same strategies used in the boardroom--if deployed in the streets--can lead to dangerous altercations. Based on the wisdom of over 100 individuals who negotiate successfully from the margins, the book provides tools for those who need them most and a guide for instructors and managers wishing to support them"-- Provided by publisher

Packed with hands-on applications, Babbie's THE PRACTICE OF SOCIAL RESEARCH, 15th Edition, equips your students with the tools they need to practically apply research concepts as both researchers and consumers. Known as the "gold standard" for research methods, the text delivers a comprehensive, straightforward introduction to the field of research as practiced by social scientists. Dr. Babbie emphasizes the research process by showing students how to design and construct projects, introducing the various observation modes in use today. The new edition includes "What do you think?" puzzles that immediately draw students into chapter concepts. General Social Survey data is updated throughout while new coverage includes the global use of social research, the emerging role of big data, demographic analysis and more.-publisher's description

"This book offers an alternative to perspectives of distributive justice which fail to resolve economic inequality and exacerbate social problems by ignoring the real causes of inequality. The main impact of the book is to highlight the importance of self-ownership and private property, showing how market participation advances liberty and prosperity. The idea that we should pay reparations to disadvantaged racial groups as compensation for historical injustice is deeply contested. The debates often focus on the practical implications of paying reparations, but overlook more fundamental questions about the meaning of justice. What is justice? What are the implications of wealth redistribution for individual liberty and the rule of law? This book answers these questions through an analysis of classical liberal perspectives in law, philosophy and economics. The book questions whether economic inequality stems from historical injustice, and explores the wider implications of attempting to create equal outcomes through legislative mandates. The book argues that free markets, resting on libertarian rights, are the best way to help disadvantaged members of society and to create the conditions more likely to advance economic equality"--Publisher's description

"Every year, one in four women will be victims of domestic violence in the United States. This book shows how and why U.S. domestic violence politics and policies have failed to keep them safe at all income levels, and across racial and ethnic lines"-- Provided by publisher

A collection of writings by Dr. David Scott building on his work teaching criminology for over 20 years. Against imprisonment includes topics such as the changing face of the prison, justifications for punishment, prison violence and the shortcomings of prisons and mega-prisons. Noticeably against the current political obsession with increasing incarceration, this book is a wake-up call for all those who feel the use of imprisonment is failing to achieve a reduction in crime. A compelling analysis of why imprisonment does not work for most offenders which considers the thoughts of some leading abolitionists and challenges punitive rhetoric

"Law today is incomplete, inaccessible, unclear, underdeveloped, and often perplexing to those whom it affects. In The Legal Singularity, Abdi Aidid and Benjamin Alarie argue that the proliferation of artificial intelligence-enabled technology--and specifically the advent of legal prediction--is on the verge of radically reconfiguring the law, our institutions, and our society for the better. Revealing the ways in which our legal institutions underperform and are expensive to administer, the book highlights the negative social consequences associated with our legal status quo. Given the infirmities of the current state of the law and our legal institutions, the silver lining is that there is ample room for improvement. With concerted action, technology can help us to ameliorate the law and our legal institutions. Inspired in part by the concept of the "technological singularity," The Legal Singularity presents a future state in which technology facilitates the functional "completeness" of law, where the law is at once extraordinarily more complex in its specification than it is today, and yet operationally vastly more knowable, fairer, and clearer for its subjects. Aidid and Alarie describe the changes that will culminate in the legal singularity and explore the implications for the law and its institutions."-- Provided by publisher

"This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies"-- Provided by publisher

"Providing an insightful contribution to literature on the topic, this book scrutinizes how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book"-- Provided by publisher

"This critically-acclaimed treatise provides both newcomers and experts with clear, accessible, and comprehensive materials and critical comparative analyses for the study of Islamic Law. It embraces the entire history, religion, and law of Islam, both Sunni and Shī'a, and covers all pertinent fields: banking and finance, constitutional law, contracts, criminal law, family law, inheritance, international law, and property. The book includes a user-friendly Glossary of Arabic terms, in English, with diacritical marks to assist in pronunciation. Balanced, logically organized, and well-written, the text can be used without supplementation in a one-semester Islamic Law course, and it has been used in law schools and graduate programs around the world and in programs for United States Special Operations Forces. Every chapter is thoroughly updated to incorporate recent developments and scholarship, with new chapters on the Constitution of Iran, the Taliban, and the Afghanistan War"-- Provided by publisher

"An insider's account of a wrongful conviction and the fight to overturn it during the civil rights era This book is an insider's account of the case of Freddie Lee Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two white gas station attendants in Port St. Joe, Florida, in 1963, and sentenced to death. Phillip Hubbart, a defense lawyer for Pitts and Lee for more than 10 years, examines the crime, the trial, and the appeals with both a keen legal perspective and an awareness of the endemic racism that pervaded the case and obstructed justice. Hubbart discusses how the case against Pitts and Lee was based entirely on confessions obtained from the defendants and an alleged "eye witness" through prolonged, violent interrogations and how local authorities repeatedly rejected later evidence pointing to the real killer, a white man well-known to the Port St. Joe police. The book follows the case's tortuous route through the Florida courts to the defendants' eventual exoneration in 1975 by the Florida governor and cabinet. From Death Row to Freedom is a thorough chronicle of deep prejudice in the courts and brutality at the hands of police during the civil rights era of the 1960s. Hubbart argues that the Pitts-Lee case is a piece of American history that must be remembered, along with other similar incidents, in order for the country to make any progress toward racial reconciliation today. Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities"-- Provided by publisher

Contents: Mechanics. Punctuation -- Capitalization -- Italics, boldface and underlining -- Document design -- Numbers -- Typographic symbols -- Spelling -- Quotations -- Citations -- Footnotes -- Grammar, usage, and editing. Grammar -- Stuffy words and legalese -- Troublesome words -- Editing and proofreading -- Specific documents. Case briefs -- Research memos -- Email messages -- Business correspondence -- Letters relating to engagement -- Opinion letters -- Demand letters -- Pleadings -- Affidavits and declarations -- Motions -- Appellate briefs -- Judicial opinions -- Contracts -- Statements of work -- Legislation, rules, and regulations -- Resolutions -- Scholarly writing. Student research papers and law-review notes -- Law-review articles -- Book reviews

"Do you hope to find post-graduation employment that fits your passion, interests, and strengths? If meaningful employment with the potential for career advancement is your goal, this book is your roadmap to develop and implement a written professional development plan to achieve your goal"-- Provided by publisher

"The sixth edition has substantial new material on cross-examination in sexual assault cases; prosecution in the context of race and policing; the rise of the "progressive prosecutor movement;" the renewed call for the U.S. Supreme Court to abide by the Code of Judicial Ethics; and the ethics of lawyers engaged in former president Donald Trump's scheme to overturn the 2020 presidential election"-- Provided by publisher

"Earlier. While the term "feminist" was not used in the United States until the 1910s, the foundations of feminist legal theory were first conceptualized as early as 1848 and developed over the next one hundred and fifty years. This chapter traces that development. It begins with the establishment of the core theoretical precepts of gender and equality grounded in the surprisingly comprehensive philosophy of the nineteenth-century's first women's rights movement ignited at Seneca Falls. It then shows how feminist legal theory was popularized and advanced by the political activism of the women's suffrage movement, even as suffragists limited the feminist consensus to one based on women's maternalism. Progressive feminism then expanded the theoretical framework of feminist theory in the early twentieth century, encapsulating ideas of global peace, market work, and sex rights of birth control. In the modern era, legal feminists gravitated back to pragmatic and concrete ideas of formal equality, and the associated legalisms of equal rights and equal protection. Yet through each of these periods, the two common imperatives were to place women at the center of analysis and to recognize law as a fundamental agent of change"-- Provided by publisher

"This book focuses on the following aspects of representation regarding a premarital or postmarital agreement: The law of validity and the steps to create a valid agreement; The ethical components and the practical techniques of negotiating the terms of the agreement; Post-marriage issues; and the content of the agreement and drafting techniques to carry out the objectives of the client"-- Provided by publisher

"This must-have resource for business lawyers and corporate and financial service executives provides updated, comprehensive coverage of Truth in Lending law compliance, disclosure, and private enforcement. Written by highly-respected specialists in the field, the treatise discusses important changes in the law and its evolution over the years. This comprehensive, single volume provides detailed analysis of all aspects of the Truth in Lending Act and is updated to be accessible and useful for today's practitioners. Drafted by practice leaders, this fourth edition contains timely information and expert guidance explaining the scope of the Act and the issues to be considered when dealing with matters of TIL compliance, disclosure, and private litigation." -- Publisher's website

"This book will be very useful to insurance regulatory lawyers, surplus lines brokers, surplus lines insurers, state surplus lines associations, and stamping offices. Much of what was covered in the fifth edition of the book was affected or displaced by the Non-Admitted and Reinsurance Reform Act (NRRA), which was part of Dodd-Frank, and other changes to the law"-- Provided by publisher

"In the spirit of embracing our status as dedicated insurance practitioners, we put this book together as a survey of the many issues that arise from a liability policy. It's an overview of the whole area"-- Provided by publisher

"Understanding Corporate Law, Sixth Edition, is designed to assist students by offering a clear and comprehensive treatment of key concepts in corporate law. It is a popular study guide for students and has been used by professors to supplement their casebook or as recommended reading. Significant business, economic, and policy issues are highlighted in connection with a thorough analysis of the important cases and statutory provisions used in the study of corporations. It includes the major theoretical approaches used in current corporate law literature"-- Provided by publisher

"This book is intended as a resource and a practical reference for construction lawyers looking for information about the various types of technology now being used in design and construction, or who want guidance on how to gather and manage the vast quantities of data these technologies generate." -- Introduction

This guide is a one-stop resource for attorneys, legislators, and others to understand how COVID-19 affected the most vulnerable populations in the U.S., and examines important efforts necessary to promote and protect civil rights and civil liberties during crisis. The framework presented--by 30 attorney experts--sets the stage for how to approach and best provide support during times of pandemic

"A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America. The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the U.S. Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden."--Publisher's website

"This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book works for dedicated civil rights courses and larger federal courts classes; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as a supplemental study guide for students wanting additional background, context, and synthesis of the material"-- Provided by publisher

"Both the Democratic and Republican parties claim that they have the best interests of the nation and its people at heart, and they are equally adamant that they have the best policy solutions to address the nation's problems and challenges. Each volume in the Across the Aisle reference series examines the stated policy positions and actual voting/legislative records of the two parties (they are not always the same) on important areas of public policy, both historically and in the present day.This volume of Across the Aisle, on the parties' records and rhetoric concerning the protection of American civil rights and liberties, sorts through the rhetorical clutter and partisan distortions that typify so many disputes between Republicans and Democrats and provides an accurate, balanced, and evenhanded overview of the parties' attitudes and records on vital civil rights and liberties questions pertaining to voting rights, political representation, abortion, guns, free speech, and other high-interest issues"-- Provided by publisher

"Freedom's Edge takes the reader directly into the heart of the debate over the relationship between religious freedom and LGBT and reproductive rights. The book explains these complex areas of law, and what is at stake in the battle to protect each of these rights. The book argues that religious freedom and sexual freedom share some common elements and that in most contexts it is possible to protect both. Freedom's Edge explains why this is so, and provides a roadmap for finding common ground and maximizing freedoms on both sides. The book will enable anyone with an interest in these issues to understand what the law actually teaches us about religious freedom, sexual freedom, and how they interact. This is important because what is often argued by partisans on both sides distorts the legal and cultural stakes, and diminishes the possibility of compromise"-- Provided by publisher

Contents: Proprietorships -- Partnerships -- Corporations

"This guide offers a penetrating and irreverent account of the justices--ideologues and cowards, geniuses and mediocrities, all of them thoroughly human--and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body" -- from publisher

"The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question"--Jacket

"The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decisionmaking and legal development. Regarding decisionmaking, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decisionmaking to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decisionmaking accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affects both the language that judges use to express their disagreement with one another and the precedents they choose to support their arguments. Thus, the overriding argument of The Elevator Effect is that collegiality affects nearly every aspect of judicial behavior. The authors draw on an impressive and unique original collection of data since the American founding to untangle the relationship between judges' interpersonal relationships and the law they produce. The Elevator Effect presents a clear and highly readable narrative backed by analysis of judicial behavior throughout the U.S. federal judicial hierarchy to demonstrate that the institutional structure in which judges operate substantially tempers judicial behavior"-- Provided by publisher

"The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after an intense her and her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system"-- Provided by publisher

"The focus of this book is the strategy and practice of international litigation"-- Provided by publisher

"What is "the waiter pivot"? It's an alternative approach to trial advocacy that embraces a paradigm shift in jury psychology and teaches attorneys how to surprise, disarm, and persuade modern jurors. In essence, the smart lawyer's attitude is, "Hello, I'll be one of your waiters for the trial. May I start you off with a helpful graphic?"" -- Back cover

"How American Jails Became Death Sentences goes beyond the current headlines to reveal the long simmering national scandal that is American jails"-- Provided by publisher

"Reprinted from M. Lobban and I. Williams eds., Networks and connections in legal history (Cambridge, 2020), pp. 262-284"--Cover verso

"Colleges were already under pressure to meet students' mental-health needs and the Covid-19 pandemic has made the situation more dire. Counseling-center directors and other clinicians who work with students are seeing a significant increase in anxiety, depression, and behavioral disorders. Less-visible problems with attention, executive function, and stress management are also having an impact on students' academic performance. Experts also see encouraging signs of resilience, but warn that milder problems can worsen if left unattended. College leaders need to understand the challenges and know-how, and when to intervene. This report offers a sense of the scale of students' mental-health challenges, good news about what many colleges are already doing right, and guidance for how your staff and faculty can best support resilience and well-being."--The Chronicle Store

"Much has changed in the decade since this title was first published. Existing AAA rules sets have been revised and new ones developed. Virtual and hybrid hearings have grown in popularity and sophistication. The AAA Roster better reflects the diverse communities that use our services. For these reasons and many others, parties and those who advise them have more flexibility than ever before to achieve their dispute resolution goals in creative ways." -- Foreword

"This new edition of Fundamentals of Labor Arbitration will update our 2010 edition in a time of great change. Labor and management and all of those who work on preventing and resolving disputes have been through the crisis of a global pandemic -- COVID-19. The growth of technology-based companies and the many changes in even traditional industries and in the public sector have impacted the economy and society even without the ongoing impacts of the pandemic." -- Foreword

Contents: Introduction to federal transfer tax system -- Gift tax (chapter 12 of the Internal Revenue Code) -- Valuation -- Estate tax (chapter 11 of the Internal Revenue Code) -- Generation-skipping tax (chapter 13 of the Internal Revenue Code) -- Trust and estate income and income from decedents (subchapter J of the Internal Revenue Code)

"Brief paperback integrating race issues into property topics, intended for adoption alongside any property casebook"-- Provided by publisher