Recent Acquisitions at the Marquette Law Library

"In Defense of Sovereignty recounts the history of the Oneida Nation and its struggles for self-determination. Since the nation's removal from New York in the 1820s to what would become the state of Wisconsin, it has been engaged in legal conflicts with US actors to retain its sovereignty and its lands. Legal scholar and former Oneida Nation senior staff attorney Rebecca M. Webster traces this history, including the nation's treaties with the US but focusing especially on its relationship with the village of Hobart, Wisconsin. Since 2003 there have been six disputes that have led to litigation between the local government and the nation. Central to these disputes are the local government's attempts to regulate the nation and relegate its government to the position of a common landowner, subject to municipal authority. As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation's battle for sovereignty has been dominated by the local government's standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn"-- Provided by publisher

"Follows [one of the fourteen original copies of the Bill of Rights] ... over the course of 138 years"--Back cover

"Providing an extensive comparative and international study of water innovations and the issues that arise in their implementation, David Lewis Feldman analyses the technical, economic, health and environmental impacts of water innovations and their policy implications. Discussing desalination, rainwater harvesting, wastewater reuse, and demand-side innovations as well as emerging cyber-infrastructure issues, The Governance of Water Innovations analyses the historical and contemporary challenges involved in water innovations. With a global reach, exploring water innovations across The Americas, Asia, Australia and Europe, chapters consider potential areas of contention involving land use, aesthetics, recreational impacts, user costs, and environmental quality. Illuminating the importance of these challenges and determining the most effective and equitable ways of meeting them, Feldman advises how innovations should be deployed, governed and implemented democratically in ways that harbour public acceptance, trust, and engagement for a water resilient future. A comprehensive study of the governance of water innovations, this book will prove invaluable to students and scholars of public policy, environmental and water studies and geopolitics. With its pioneering analysis of adaptive governance, it will also prove an essential reference guide to practitioners, professionals and policymakers working in water governance and management, including water agency officials and water resource legislators"-- Provided by publisher

"A behind-the-scenes look inside the three trials involving a popular weed killer (Roundup), cancer, and the search for justice--written by a physician expert witness who saw it all"-- Provided by publisher

"In recent years, the federal government's increasing inability to address major societal challenges has arguably hampered America's commitment to renewable energy initiatives. Individual U.S. states have stepped into this void and adopted their own policies, leading some to believe that the states can propel America's renewable energy industry forward. However, we know little about how legislative and regulatory dynamics within America's states might accelerate or hinder renewable energy policy creation. In Following in Footsteps or Marching Alone?, Srinivas Parinandi explores how states have devised their own novel policies, and how the political workings of legislatures and public utilities commissions have impacted state renewable energy policy design. Through the meticulous study of nearly three decades of state-level renewable energy policy-making, he finds that their creation is primarily driven by legislatures, and that ideologically liberal legislatures largely push the envelope. The book suggests that having a predominantly state-driven renewable energy effort can lead to uneven and patchwork-based policy development outcomes, and a possible solution is to try to more successfully federalize these issues. Parinandi urges readers, scholars, and policy practitioners to consider whether a state-led effort is adequate enough to handle the task of building momentum for renewable energy in one of the world's largest electricity markets"-- Provided by publisher

"In Injustice, Inc., Daniel L. Hatcher exposes how justice systems are harnessing America's history of racial and economic inequality into revenue-generating operations. Courts, prosecutors, probation, policing departments, and detention facilities are trading away ethics and justice to churn vulnerable children and adults into an unconstitutional factory enterprise. These justice institutions are entering contracts to make money removing children from their homes, monetizing harm from juvenile delinquency, child welfare and child support proceedings, extorting fines and fees, collaborating with private debt collectors, enforcing unpaid child labor, seizing property, incentivizing arrests and evictions, maximizing occupancy in detention and 'treatment' centers, and more. Hatcher details the disproportionately racialized harm and unconstitutionality of the injustice enterprise, and calls for opened eyes to our justice system failings--to walk a better path toward instilling truth into the words 'Equal Justice Under Law'"-- Provided by publisher

"This book researches how government and the nonprofit sector (including healthcare, education, and social service organizations) can utilize best practices, greater collaboration, and joint venturing to survive post-pandemic"-- Provided by publisher

"On both the left and the right, calls for bold change have become a common feature of American politics. But is this correct? Is bold change the only way forward? Is the United States living in an era that demands the radical transformation of society? Gradual: The Case for Incremental Change in a Radical Age argues that an incremental approach to public policy is not only the best way to describe how government actually works, but a more effective way of making change happen. Unfortunately, gradualism has become unfashionable at the precise moment when it is needed the most. Gradual documents why it is so difficult to achieve systemic change in the United States and tells the stories of a range of government reformers who achieved success gradually. In the process, Gradual makes the case for a brand of incremental change rooted in the values of honesty, humility, nuance, and respect. Based on the authors' experience advancing criminal justice reform, Gradual argues that, given enough time, seemingly modest improvements can add up to significant change"-- Provided by publisher

"The limited attention Congress gives to disadvantaged or marginalized groups, including Black Americans, LGBTQ, Latinx, women, and the poor, is well known and often remarked upon. This is the first full-length study to focus instead on those members who do advocate for these groups and when and why they do so. Katrina F. McNally develops the concept of an 'advocacy window' that develops as members of Congress consider incorporating disadvantaged group advocacy into their legislative portfolios. Using new data, she analyzes the impact of constituency factors, personal demographics, and institutional characteristics on the likelihood that members of the Senate or House of Representatives will decide to cultivate a reputation as a disadvantaged group advocate. By comparing legislative activism across different disadvantaged groups rather than focusing on one group in isolation, this study provides fresh insight into the tradeoffs members face as they consider taking up issues important to different groups." -- Provided by publisher

"One of the defining features of twenty-first century American politics has been the rise of affective polarization: Americans increasingly report that they distrust and dislike those from the other party and want to avoid interacting with them in a wide range seemingly non-political contexts, from Thanksgiving dinners to dating. This has damaging downstream consequences: many studies and evidence from our everyday lives shows that affective polarization reduces electoral accountability, weakens support for the democratic norms, and makes it more difficult for Americans to responded to crises, such as COVID-19. What, if anything, can be done? Our Common Bonds shows that-although affective polarization has multiple causes and there is no silver bullet that will eradicate it-there are concrete interventions that can reduce it. Matthew Levendusky argues that partisan animus stems in part from individuals misperceiving how much they have in common with those from the other party. Survey and experimental evidence show that priming shared identities and connections outside of politics can help people to reframe the lens through which they evaluate the out-party and, in so doing, turn down the partisan temperature"-- Provided by publisher

"The Illusion of Accountability: Transparency and Representation in American Legislatures Does open governance strengthen democracy? In The Illusion of Accountability, Justin H. Kirkland and Jeffrey J. Harden contend that it does not. Leveraging a wealth of data from decades of legislative politics in the American states, Kirkland and Harden assess the causes and consequences of "open meetings laws," which require public access to meetings and proceedings in state legislatures. They trace the roots of these laws back to the founding constitutions of some states and analyze the waves of adoptions and legislative exemptions to open meetings that occurred in the latter half of the twentieth century. They explain that these shifting positions on the reforms reflected the tension between legislators' ability to negotiate with one another in the pursuit of policymaking goals and their accountability to constituents as elected representatives. Kirkland and Harden then investigate the effects of these transparency laws on a host of politically consequential outcomes both inside and outside the legislature, such as policy productivity, responsiveness to public opinion, and citizen approval of the legislature. They consistently find that, contrary to what their theory of accountability would expect, open meetings do not influence legislators' behavior or citizens' capacity to alter that behavior. Instead, the authors uncover a link between transparent legislatures and an expanded system of organized interests. Ultimately, Kirkland and Harden conclude that transparency reform only creates the illusion of accountability in state government. It exists in principle with the stated goal of bringing citizens closer to their representatives. But the public does not sufficiently fulfill its democratic obligation to capitalize on this improved access, permitting unrepresentative interests to fill the void"-- Provided by publisher

"After the election of 2016 and, even more urgently, after the election of 2020, many citizens looked at the economic and cultural divisions that were causing deep disruptions in American politics and asked, "What is happening to us?" Paul W. Kahn explores these fundamental changes as they show themselves in a small New England town--his home of twenty-five years, Killingworth, Connecticut. His inquiry grounds a democratic theory that puts volunteering, not voting, at its center. Absent active participation, citizens lose the capacity for judgment that comes from working with others to solve real problems. Volunteering, however, is under existential threat today. Changes in civil society, commerce, employment, and public opinion formation have isolated families from each other and from their communities. Even middle-class families live under financial stress, uncertain of their children's future, and without the support of civil society. Local media has disappeared. Residents do not have the time, information, or interest to volunteer. Under these conditions, national polarization enters local politics, which becomes yet another site for national conflict. To save our democracy, Kahn concludes, we need to find ways of matching opportunities for participation to the ways we live our lives today"--Provided by publisher

Battleground models Wisconsin's contentious political communication ecology: the way that politics, social life, and communication intersect and create conditions of polarization and democratic decline. Drawing from ten years of interviews, news and social media content, and statewide surveys, we combine qualitative and computational analysis with time-series and multilevel modeling to study this hybrid communication system - an approach that yields unique insights about nationalization, social structure, conventional discourses, and the lifeworld. We explore these concepts through case studies of immigration, healthcare, and economic development, concluding that despite nationalization, distinct state-level effects vary by issue as partisan actors exert their discursive power

In its first and second editions, Tomorrow's Lawyers became an international bestseller, widely read and cited by practitioners and students. The third edition focuses on the law and lawyers in the 2020s. For Richard Susskind, the future of legal service is neither Grisham nor Rumpole. Instead, he predicts a world of online courts, AI-based global legal businesses, disruptive legal technologies, liberalized markets, commoditization, alternative sourcing, simulated practice on the metaverse, and many new legal jobs. This volume is a definitive and updated introduction to this future - for aspiring lawyers, and for all who want to modernize and upgrade our legal and justice systems. It offers practical guidance for everyone intending to build careers and businesses in law. Written in an era of greater technological advance than humanity has ever witnessed, this work is a call to arms: it challenges those who feel that the law and lawyers are somehow immune from technological advance; it draws attention to the unaffordability and inaccessibility of legal service, for businesses and citizens alike; it invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided. Tomorrow's Lawyers identifies new opportunities for lawyers, new ways of helping clients and the community. It enjoins its readers to become involved in building the systems that will replace outmoded forms of legal work. It argues that it is both a privilege and an obligation for tomorrow's lawyers to embrace and bring about change. A must-read for legal undergraduates, aspiring and young lawyers, senior practitioners, leaders in law firms and legal businesses, law professors and law teachers. -- Provided by publisher

COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time.The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic.The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises

"The 1948 Universal Declaration of Human Rights (UDHR) is one of the most important and debated sociopolitical documents of the twentieth century. A leading authority on the UDHR, Johannes Morsink is the author of The Universal Declaration of Human Rights: Origins, Drafting, and Intent (2000) and Inherent Human Rights: Philosophical Roots of the Universal Declaration (2009). With this new book, Morsink has now written a volume for a new generation of human rights students and activists, one that presents an article-by-article account of the formulation of each article in the UDHR. The author comments perceptively on how they have been argued, argued over, and used in a wide range of political discourses. Comprised of short essays on each of the Declaration's thirty articles, this book constitutes the most accessible and comprehensive approach to this document and explicates the UDHR's continued relevance in contemporary times. Throughout the book, Morsink explains how this 1948 iconic text can help us in the twenty-first century. He shows us the high moral ground we need to fight evils perpetuated during and after World War II that now present themselves in new garb and does so in a clear and concise manner." -- Publisher's description

"Survivors of conversion practices - interventions meant to stop gender transition - have likened these to torture. In the last decade, bans on these deeply unethical and harmful processes have proliferated, and governments across the world are considering following suit. Banning Transgender Conversion Practices considers pivotal questions for anyone studying or working to prevent these harmful interventions. What is the scope of the bans? How do they differ across jurisdictions? What are the advantages and disadvantages of legislative approaches to regulating trans conversion therapy? How can we improve these prohibitions? Florence Ashley answers these questions and demonstrates the need for affirmative health care cultures and detailed laws that clearly communicate which practices are banned. Banning Transgender Conversion Practices centres trans realities to rethink and push forward the legal regulation of conversion therapy, culminating in a carefully annotated model law that offers detailed guidance for legislatures and policymakers."-- Provided by publisher

"As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"-- Provided by publisher

"This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as the sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures. A range of expert contributors are brought together to assess the current state of climate change law and policy at the city level, featuring analysis of key legal instruments that can help urban societies adapt to, and cope with, the changing climate. Chapters contain comparative assessments of urban climate change policies in cities across the world, in both developed and developing countries, including Ghana, South Africa, Indonesia, the Netherlands and the US. Additionally, the book analyses legal approaches, relying on planning law and other legal instruments in the hands of city governments, which can aid in combating specific problems such as the urban heat island effect. Providing an up-to-date analysis of climate change adaptation and mitigation law at the level of cities, Urban Climate Resilience will be a key resource for academics and students of environmental law, public international law, urban planning and sustainability. The lessons for future policies and laws to create more climate resilient cities will also be useful for local policymakers, regulators and city government officials working on climate change at the local level"-- Provided by publisher

"Cultural property is a broad concept that includes movable and immovable objects of cultural significance, whether natural or manmade, such as paintings, prehistoric tools, monuments, buildings, or geological formations. It also includes intangible cultural expressions, such as oral histories, rituals, and music. Throughout history, cultural property has been removed from its cultural context by thieves, collectors, and conquering armies for the purpose of exploiting its commercial value or to demoralize the enemy. Cultural property has also been directly targeted during bombardment or irreparably harmed when belligerents have focused on military objectives proximate to such property. In modern times, issues such as urbanization and climate change have created new threats to cultural property. While both fine art and artifacts are cultural property, there are some important distinctions between them. Fine art's location is typically known, and it is unique and easily identifiable, which makes it easier to recover in the event of theft. In contrast, artifacts might be examples of generic products, and many are as yet undiscovered. Their existence and locations may be unknown, making their recovery all but impossible it they are moved. Moreover, moving artifacts from their original location may damage them and erode their educational value, as their significance must be assessed in relation to other artifacts found in the same area" -- Provided by publisher

"There are many drivers of the epoch-defining environmental crisis that the biosphere - and humankind as part of it - faces today, as we embark on the critical 2020-2030 decade. The main one, by many accounts, is the reliance by one species, humans, on a certain form of energy, derived from fossil fuels, as the backbone of their modern conception of 'civilisation'. Burning fossil fuels is not only at the roots of the environmental crisis, but at the foundations of how humans produce shelter, heat, food, transportation and most of their cultural products, including technology. From the narrow lenses of the social practice we call international law, energy may appear as a sub-topic, alongside so many others. In reality, international law is but one aspect of a wider order shaped, since the dawn of the so-called 'Industrial Revolution' in the late XVIII Century, by fossil fuel energy. Rather than a mere 'branch' of the narrow social practice of international law, it is international law which is an aspect of an energy order, a historical socio-technical regime. This socio-technical regime is, however, not like its predecessors. The fossil fuel-based order has come to encompass, by its Earth-shaping effects, the entire biosphere, including humanity. And we now understand that it challenges a much more profound layer of 'regulation', a resilient but threatened biospheric balance that was, for centuries, taken for granted"-- Provided by publisher

"Building a thorough and comprehensive understanding of the limits of transitional justice theory, this innovative book proposes a new concept of the transitional justice citizen. Throughout the book, Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition. Drawing on three diverse case studies from across the globe, chapters demonstrate how the transitional justice citizen is defined by transitional justice discourse, policy and practice, and through acts of claiming justice such as protests and political violence. Combining in-depth theorization with empirical insights, this perceptive book positions the concept of citizenship within the context of long-term historical political struggle and the contemporary importance of justice. Investigating the current debates and key research gaps in the field of transitional justice, this book will be vital reading for students and scholars of transitional justice, including those focusing on peacebuilding, citizenship, democratization, and political geography. It will also be beneficial for transitional justice practitioners who wish to reflect on their practice and compare their work with other case studies"-- Provided by publisher

"Early on a summer morning in 1974, local officials found the jailer Clarence Alligood stabbed to death in a cell in the women's section of a rural North Carolina jail. Fleeing the scene was Joan Little, twenty years old, poor, Black, and in trouble. Little claimed that she had killed Alligood in self-defense against sexual assault. After a five-week trial, Little was acquitted. But the case stirred debate about a woman's right to use deadly force to resist sexual violence. Through the prism of Little's rape-murder trial and the Free Joan Little campaign, Christina Greene explores the intersecting histories of African American women, mass incarceration, sexual violence, and 1970s and 1980s social movements"-- Provided by publisher

Over its half-century of public life, Roe v. Wade took on meanings that extended far beyond its original purpose of protecting the privacy of the doctor-patient relationship. At various times, it forced us to confront hard questions about judicial activism and restraint, the believability of science, racial justice, the suppression of religion, and much more. Mary Ziegler explores the transformations of meaning that have kept abortion on the front lines of our political and social battles

"Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers' Rights addresses an important legal case that set the stage for today's LGBTQ civil rights-a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland's case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since. In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators' rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers"-- Provided by publisher

"This book offers a post-pandemic vision for the future of legal education and charts a path to get there. For too long administrations have used ineffective methods of diversifying their law schools, so it is time to be bold and adopt a plan likely to have greater impact. Among the book's recommendations are that schools must dispense with the LSAT and develop an alternative admissions process, that they should admit a much larger cohort to the 1L year, at much reduced cost, and put most of the content online in a hybrid format. It suggests that a "baby bar" be administered at the end of the first year, with only half passing into second year and the rest awarded a Master's degree in American Law, which will become a credential to become an LLLT, the expansion of which will help address the critical justice gap in the legal system. It argues for the expansion of experiential learning and the intentional formation of professional identity in the 2L and 3L years. While these proposals may seem radical at first, many of them are already happening in small experiments around legal education, and the ABA is already moving in this direction. This book provides comprehensive guidance on how these proposals can be gradually adopted, and then ultimately spread throughout legal education over the next decade"-- Provided by publisher

"Today, about one-half of all adults are unmarried. Many of them are in other kinds of significant relationships, yet the law offers them few protections. Although a few states have created nonmarital relationship statuses, they fall far short of the kind of comprehensive structures needed to recognize and protect. John Culhane offers a comprehensive approach to satisfying the needs of this vast population of unmarried adults. Using a narrative approach that resulted from in-depth interviews, he gives voice to the many couples inadequately served by existing law. Their stories provide living evidence of the need for the law to extend its reach to those who are inadequately protected-or not protected at all"-- Provided by publisher

"Essentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. As Jennifer Hendricks documents, courts have shockingly held over the past half century that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears, and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to an abortion, treated surrogate mothers as mere vessels with no moral rights to their offspring, and handed biological fathers-even those who became fathers through rape-automatic rights over women and their children. The law of pregnancy is now infected with a misogyny that has brought tragedy to innumerable women and even to many men who don't meet the traditional definition of a father. In this incisive and groundbreaking book, Hendricks argues that feminists must work to overthrow this skewed value system that subordinates women, devalues caregiving, and strips many of us of one of our most fundamental rights: the right to parent"-- Provided by publisher

"Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts." -- Publisher's website

Contents: Negligence : the duty of care -- Negligence : breach of duty -- Negligence : causation : actual and proximate -- Defenses to negligence -- Damages -- Multiple defendants and vicarious liability -- Strict liability and nuisance -- Products liability -- Intentional torts : battery and assault -- Intentional torts : invasions to land, harm to property, and false imprisonment -- Defenses to intentional torts -- Defamation -- Invasion of privacy -- Emotional distress -- Harm to economic interests -- Practice final exam : questions

"This book explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt--aided by his filling eight seats on the Court--triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism--and further expansion--by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions"-- Provided by publisher

"Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements. This book is a landmark in the history of technologies, the US patent system, and the way private actors have deployed patents across American history." -- Back cover

"An exploration of how labor law has protected companies' rights to surveil their employees and limit worker power, and how it might be reformed"-- Provided by publisher

"This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today"-- Provided by publisher

"How did Burton Ritchie and DEA Special Agent Claude Cosey wind up in federal prison, convicted as drug kingpins, after being indicted years later in three states and taken to trial three times? The answer lies in the weirdest chapter of the War on Drugs, a synthetic saga that's unfolding to this day. It all stems from a little-known Reagan-era law called the Analogue Act. The 1986 law bans substances that are "substantially similar" to controlled ones. But what does "substantially similar" mean? The law's amorphous standard has left people guessing about what's legal. Unlike the traditional war against heroin, cocaine, and other well-known drugs, when it comes to new synthetics, the government doesn't announce which ones it thinks are illegal before bringing charges. Making matters stranger, still, the DEA's own scientists haven't always agreed on what to ban. Indeed, a senior research chemist with the agency thought the spice Burton and Ben sold was legal"-- Provided by publisher

"With full legalization seeming inevitable, it's time to shift the conversation-from whether recreational cannabis should be legalized to how. Weed Rules argues that it's time for states to abandon their "grudging tolerance" approach to legal weed and to embrace a new "careful exuberance" approach. In this thorough and witty book, law professor Jay Wexler invites policy makers to responsibly embrace the enormous benefits of cannabis, including the joy and euphoria it brings to those who use it. The "grudging tolerance" approach has led to restrictions that are too strict in some cases-limiting how and where cannabis can be used, cultivated, marketed, and sold-and far too loose in others, allowing employers and police to discriminate against weed users. Weed Rules shows how focusing on joy and community can lead us to an equitable marijuana policy in which minority communities, most harmed by the war on drugs, play a leading role in the industry. Centering pleasure and fun as legitimate policy goals, Weed Rules puts forth specific policies to advocate for a more just, sensible, and joyous post-legalization society"-- Provided by publisher

"Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective"-- Provided by publisher

"Since 1961, the issue of "affirmative action" has been a hotly contested legal and political issue. Intended to address our nation's often horrifying discrimination against Black Americans and other minorities, affirmative action has led over the past sixty years to far greater minority representation across a vast range of industries, government positions, and academic institutions. Nonetheless, affirmative action policies in the United States continue to fall under assault. In A Legacy of Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of America's leading constitutional scholars, trace the policy's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must re-acquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the 20th century, 1954's Brown v. Board of Education of Topeka, Kansas. Assessing this history, Bollinger and Stone introduce subsequent, and evolving, affirmative-action case law that had the intent and effect of constraining social, educational, and economic progress for Black people and other minority groups. They demonstrate how and why affirmative action policies stand on firm legal ground and must remain protected. Further, they explain why Americans must view affirmative action as a long-term moral commitment to secure justice, especially for Black Americans, after three and a half centuries of grave injustice that violates the most essential aspirations of our nation. A timely and robust overview of the history of our nation's historical and continuing racial discrimination and of the advent of affirmative action as a critical means to address this history, this book will serve as a powerful defense of a policy that has accomplished more than most people realize in making America a fairer and more inclusive country." -- Book cover

"Not White Enough is a trade legal and political history of anti-Asian bigotry, beginning with the California Gold Rush and ending with the infamous Supreme Court decision that upheld the imprisonment without trial of more than 100,000 innocent Americans on the spurious grounds of national security. The book demonstrates how law and politics bled into each other for decades to enable two-tiered justice, brushing aside Constitutional guarantees of equality under law. Not White Enough examines each of the key Supreme Court decisions-Wong Kim Ark, Ozawa, and Thind, for example-as expressions of political will and not simply jurisprudence. The author chronicles the political history of racism that made Japanese internment almost inevitable, including the key role San Francisco mayors James D. Phelan and Eugene Schmitz, political boss Abe Ruef, and California attorney general Ulysses Webb played in instigating, for political convenience, some of the most egregious anti-Asian legislation"-- Provided by publisher

"The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive." -- Provided by publisher

"Since its first publication in 1991, The Hollow Hope has spurred debate and challenged assumptions on both the left and the right about the ability of courts to bring about durable political and social change. What Gerald N. Rosenberg argued then, and what he confirms today through new evidence in this edition, is that it is nearly impossible to generate significant reforms through litigation: American courts are ineffective and relatively weak, far from the uniquely powerful sources for change they are often portrayed to be. This third edition includes new data and a substantially updated analysis of civil rights, abortion rights and access, women's rights, and marriage equality. Addressing changes in the political and social environment, Rosenberg draws lessons from the re-segregation of public schools, victories in marriage equality, and new obstacles to abortion access. Through these and other cases, the third edition confirms the power of the book's original explanatory framework and deepens our understanding of the limits of judicial action in support of social reform, as well as the conditions under which courts do produce change. Up-to-date, thorough, and thought-provoking, The Hollow Hope remains vital reading"-- Provided by publisher

"Vaulting Ambition is a book for the Landmarks Presidential Decisions series about Franklin D. Roosevelt's 1937 effort to pack the Supreme Court. Unlike most work on the subject, Michael Nelson's focus is more on the president's decisions than on the Court's responses. At the heart of the book will be an analytically narrative account of what FDR was doing (or choosing not to do) in response to these developments as they occurred. While keeping Court-packing front and center, Nelson embeds the effort in FDR's larger campaign to direct American government and politics in pursuit of his desire to entrench the New Deal lastingly in several of the country's major political and governmental institutions: Congress, the Democratic Party, and the executive branch, as well as the Court. It was an understandable effort: the Republicans had dominated all three branches for varying but considerable lengths of time. In the end, the president's effort was unevenly successful"-- Provided by publisher

"This book explores the application of Scalia's textualism and originalism to education law and reflects upon Scalia's teachings and his pedagogy. Education law may seem to be an odd vehicle for considering Scalia's constitutional approach, but thinking about schools requires attention to political fundamentals: freedom of speech, free exercise of religion, equality of opportunity, federalism, and the proper role of the expert. Legal scholars, philosophers, and political scientists provide both critiques and apologies for Scalia's approach"--Back cover

"The purpose of this book is to provide practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product. It is a practice guide both for lawyers seeking to obtain such information and for those seeking to protect such information"-- Provided by publisher

"A practical introduction to human trafficking for attorneys and students in criminal, corporate, employment, immigration, international, and public interest law"-- Provided by publisher

"Justin Brooks offers accounts of the cases he's fought, embedding them within a larger landscape of innocence claims and research on what we know about the causes of wrongful convictions. The stories of Brooks' cases and clients paint the picture of a broken justice system, one where innocence is no protection from incarceration"-- Adapted from the publisher's description

Contents: v. 1. Interpretation of insurance contracts / Monte E. Weiss -- Automobile liability insurance / Melita M. Mullen, Kelsey A. Pelegrin -- Uninsured motorist insurance / Andrew B. Hebl -- Underinsured motorist insurance / Andrew B. Hebl -- General liability policies / Patrick S. Nolan -- v. 2. Fire and property insurance / Erik M. Gustafson -- Insurance companies' duty to defend / David P. Hollander -- Insurance companies' investigation and handling of third-party claims / John P. Pinzl -- First-party claims against insurance companies / John P. Pinzl -- Subrogation -- Responsibilities of insurance companies / Brian D. Anderson -- Responsibilities of insureds / Brian D. Anderson -- Responsibilities of insurance agents / David J. Turek, Jerome C. Mohsen

"For more than fifty years, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the wider nuclear nonproliferation regime have worked to prevent the spread of nuclear weapons. Analysts and pundits have often viewed the regime with skepticism, repeatedly warning that it is on the brink of collapse, and the NPT lacks many of the characteristics usually seen in effective international institutions. Nevertheless, the treaty continues to enjoy near-universal membership and high levels of compliance. This is the first book to explain why the nonproliferation regime has been so successful, bringing to bear declassified documents, new data on regime membership and weapons pursuit, and a variety of analytic approaches. It offers important new insights for scholars of nuclear proliferation and international security institutions, and for policymakers seeking to strengthen the nonproliferation regime and tighten international constraints on the spread of nuclear weapons"-- Provided by publisher

"War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer"-- Provided by publisher

"This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses prevailing misconceptions and narrow understandings of gender, before turning to a consideration of the impact a limited conceptualization has on accountability efforts and the protection of rights. It includes specific examples from national and international jurisprudence from which it is clear that the term 'gender' has not been well understood and that gender 'blind spots' prevail. These manifest starkly, for example with respect to sexual violence against men and boys, gender-based crimes affecting children, and the gendered dimensions of slavery, forced marriage, and reproductive crimes. The authors consider how best to implement a deeper and more accurate understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and international humanitarian law, and feminist reconstruction of judging in ICL. Other authors examine efforts to ensure that gender is expansively interpreted in ICL, for example in a new treaty on crimes against humanity, and that victims' reparation awards are gender-inclusive. The objective of this book is to promote a more nuanced and expanded understanding of the concept of 'gender' in the field ICL in order to strengthen efforts for accountability for war crimes, crimes against humanity, genocide and aggression"-- Provided by publisher

"This book predicts the decline of today's professions and introduces the people and systems that will replace them. In an internet-enhanced society, according to Richard Susskind and Daniel Susskind, we will neither need nor want doctors, teachers, accountants, architects, the clergy, consultants, lawyers, and many others, to work as they did in the 20th century. The Future of the Professions explains how increasingly capable technologies, from telepresence to artificial intelligence, will place the 'practical expertise' of the finest specialists at the fingertips of everyone, often at no or low cost and without face-to-face interaction. The authors challenge the 'grand bargain', the arrangement that grants various monopolies to today's professionals. They argue that our current professions are antiquated, opaque and no longer affordable, and that the expertise of their best is enjoyed only by a few. In their place, they propose five new models for producing and distributing expertise in society. The book raises profound policy issues, not least about employment (they envisage a new generation of 'open-collared workers') and about control over online expertise (they warn of new 'gatekeepers'), in an era when machines become more capable than human beings at most tasks. With a new preface exploring recent critical developments, this updated edition builds on the authors' groundbreaking research into more than a dozen professions. Illustrated with numerous examples from each, this is the first book to assess and question the relevance of the professions in the 21st century"--Publisher's description

"Struggle and Solidarity presents seven key pieces of federal legislation and demonstrates how public policies--even when not explicitly mental health related--can shape social determinants and improve mental health"-- Provided by publisher

A gripping, provocative history of doping in sports -- packed with examples -- that proposes a new emphasis for modern anti-doping efforts. Why is doping a perennial problem for sports? Is this solely a contemporary phenomenon? And should doping always be regarded as cheating, or do today's anti-doping measures go too far? Drawing on case studies from the early twentieth century to the present day, Doping: A Sporting History explores why the current anti-doping system looks as it does, charting its origins to the founding of the modern Olympic Games. From interwar notions of sporting purity to the postwar stimulant crisis, what seemed an easily resolvable problem soon became an impossible challenge as the pharmacology improved, the policy system stuttered, and Cold War politics allowed doping to flourish. The late twentieth century saw the creation of the World Anti-Doping Agency, but has the intensity of these global measures led to unintended harms?

"Since 1928, law schools have been required to have a library located in a building occupied by the law school. Law school libraries, also called Academic Law Libraries, are typically characterized by direct reporting to the law school dean, budget allocation directly from the law school dean or the University's central administration, and a law library mission with a law school-centered approach. The importance of Academic Law Libraries to even the earliest law schools demonstrate their centrality to the identity of the law school and the legal profession. Since the Great Recession, centralizing the Academic Law Library with the Central Campus Library system has been a topic of interest to university administrators and law school deans. Seeking financial and operational efficiencies is a top priority for every academic institution today. ... This book, the first volume in a series, is a response to the number of inquiries received by deans, librarians, and other administrators at institutions whose law libraries are semi-autonomous. Recognizing the unique culture of each campus, law school, and law library, the goal of this book is to provide case studies of different academic law library structures."-- Introduction