Recent Acquisitions at the Marquette Law Library

"This current and important book discusses the need for investment that directly addresses social, economic, and racial inequities. Written by practice leaders, this guide provides an understanding of the latest U.S. private and public investment strategies and offers legal tools and checklists created by lawyers and practitioners serving both investors and investees." -- Publisher's website

"This book focuses on the origin and scope of victimology and different types of victimization, such as sexual abuse, domestic violence, maltreatment, cyber-crimes, war and terrorism, natural calamities, victimization at school and work place, human trafficking, crime against persons, crime against property, white collar crime, elder abuse, victim with disabilities, secondary victim and re-victimization. It addresses psychological impacts and related issues, and expands on the need to consider victimization in the criminal justice system and in psychological management. This volume is ideal for policy makers, mental health professionals, and those working with victims in a professional setting." -- Back cover

"This collection explores the intersection between criminology, conflict resolution and restorative justice. It traces the role of criminological discourses in the resolution of conflict at the macro political level (in South Africa and Northern Ireland) and the micro level in settings such as local communities, indigenous justice systems and in the youth justice system. The resulting discourse, drawing upon peacemaking criminology, human rights and restorative justice frameworks, suggests an important symbiosis between the traditionally distinct disciplines of criminology and conflict resolution peace studies." -- Publisher's website

Contents: The riddle of federalism and the genesis of interposition -- Early state use of interposition : testing the powers of the new national government -- State interposition and the debates over the meaning of the Constitution -- The Virginia and Kentucky resolutions and Madison's report of 1800 -- State interposition during the Jefferson and Madison presidencies -- State challenges to the Supreme Court's control over Constitutional interpretation -- The transformation of interposition : the theory of nullification emerges -- State interposition and nullification on the path to secession -- State interposition during and after the Civil War -- Modern interposition by states and "nullification"

"Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession." -- Back cover

"The early-20th century Russo-Polish legal thinker Leon Petrażycki (1867-1931) developed a comprehensive social psychology of law. Because only a fraction of his work is available in English, Petrażycki is today little known and seldom discussed in the Anglophone countries. This volume aims to remedy this deficit by introducing Petrażycki's life and work specifically to an English-speaking audience. It is intended as a reappraisal of some of his views in the context of current advancements. This collection of 13 chapters produced by a panel of international scholars from various social science fields will be useful to a new generation of students formulating their own theories and research on sociolegal behavior. Leon Petrażycki: Law, Emotions, Society will be of interest to students and scholars of sociology of law, sociolegal studies, and philosophy of law"-- Provided by publisher

"This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law." -- Back cover

"The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time." -- Back cover

"International Aviation Labour Law explores the status quo of the international regulation of labour and employment within the air transport industry and provides a detailed analysis of the regulatory endeavours undertaken at the international, European and domestic level to harmonise aviation labour regulations and ensure adequate labour standards for aircrew members. Offering an original insight into the regulation of labour in the aviation sector and airline industry, it analyses regulatory endeavours undertaken at the international, European and domestic level, exploring the main challenges arising from non-uniform and fragmented regulation of labour standards in the air transport sector. In particular, it investigates whether aviation labour regulations are sufficiently harmonised at an international level to ensure adequate labour standards for aircrew members. Key concerns relating to aviation labour are dealt with from a regulatory and practical perspective, and the current normative gaps are examined in view of potential future regulatory trends and solutions via a thorough analysis of the applicable legislation, landmark court decisions and the use of practical examples, to provide an overview of the various nuances of the topic. The book identifies and explore the main implications and repercussions of regulatory asymmetry and highlights the critical role of labour for air transport and how discrepancies in labour regulation may affect the practice of flying and the essence of aviation safety. It emphasises a strong need for international regulatory coordination and is a key reference for a varied audience of students, academics, professionals and rule-makers involved in the air transport arena and for all those who have an interest in the regulation of labour and employment in aviation"-- Provided by publisher

"The purpose of this book is to provide a thoughtful, useful, and succinct reference for the franchise practitioner to use to navigate the mostly uncharted waters of international franchise sales laws"-- Provided by publisher

This report will provide greater detail about the multistep effort devised and driven by Donald Trump to overturn the 2020 election and block the transfer of power. Building on the information presented in our hearings earlier this year, we will present new findings about Trump's pressure campaign on officials from the local level all the way up to his Vice President, orchestrated and designed solely to throw out the will of the voters and keep him in office past the end of his elected term [Page X]

"This guide offers counsel a roadmap for handling various issues that may arise during the representation of a corporate or individual defendant during a grand jury investigation. The updated fourth edition is a substantial revision to the third edition, published in 2002." -- Publisher's website

"This book introduces lawyers and other legal professionals to design thinking as a process that can help implement change in legal practices and the legal system"-- Provided by publisher

"In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession -- law schools and licensers -- are failing the public with devastating consequences. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates, disproportionately people of color, are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers -- unfocused law degrees and obsolete bar exams -- are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession"-- Provided by publisher

Contents: Regulation of the legal profession -- The client-lawyer relationship -- Client confidentiality -- Conflicts of interest -- Competence, legal malpractice, and other civil liability -- Litigation and other forms of advocacy -- Transactions and communications with persons other than clients -- Different roles of the lawyer -- Safekeeping funds and other property -- Communications about legal services -- Lawyers' duties to the public and the legal system -- Judicial conduct -- Practice final exam : questions -- Practice final exam : answers

"You should get as much help as you need for as small of a price as possible. You deserve a firm or organization that not only saves you on expenses and builds revenues but that also provides better customer service to your clients, the tools your employees need to do their jobs, and less stress for you personally. This book will explore tools that will help you center your practice on applying your skills to high-value tasks. This book should better position you for the future. You will not likely take every piece of advice offered, but you should get direction of where you want to take your firm or organization. You may even be able to figure out a way to get to a small part of the 77 to 86 percent of potential clients that lawyers do not serve. This book will examine a few featured products and supply screenshots to illustrate the possibilities for your firm. It will explore some good and not-so-good free products and low-cost products to provide ideas. There are plenty of products that cost more and provide many quality services, but you need to see what is out there to decide what you want out of your automation"-- Provided by publisher

"This book contains personal stories by and about some of the most revered and influential judges in the United States. They also provide a unique and deeply instructive glimpse into our justice system. In the following pages you will come across a remarkable array of female jurists: trailblazers, legal entrepreneurs, political strategists and mentors. This is a book about imagination, and what it took and still takes for women, and by extension other minorities invisible to the constitution and the law, to imagine themselves into a structure that didn't include them"-- Provided by publisher

"This book provides lawyers with advice about selecting a mediator, preparing clients for mediation, and coaching the clients through the negotiation process to a settlement. It offers wise perspectives, examples from cases, and bullet-point practice tips." -- Publisher's website

"With A Manual of Style for Contract Drafting, Kenneth A. Adams has created a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract language and the inertia and flawed conventional wisdom that perpetuate it. This manual has become a vital resource throughout the legal profession, in the United States and internationally. [This fifth edition] contains more than 70 pages of new materials addressing many topics, making it even more authoritative and essential. The rest of the text reflects many adjustments. This manual's focus remains how to express contract terms in prose that is free of the archaisms, redundancies, ambiguities, and other problems that afflict traditional contract language. With exceptional analysis and an unmatched level of practical detail, Ken highlights common sources of confusion and recommends clearer and more concise alternatives. This manual is organized to facilitate easy reference, and it illustrates its analysis with numerous examples. Consult it to save time in drafting and negotiation and to reduce the risk of dispute." -- Back cover

"A Legal Guide to Recovering for Flood Losses is a comprehensive compendium of the law on recovery for flood damages and loss. It explains the components parts of the standard water/flood exclusion in property policies and clauses in those policies that provide limited coverage for flood losses. It also addresses coverage under private flood insurance and the Federal Emergency Management Agency Standard Flood Insurance Policy. It then discusses recovery under other types of coverages: business interruption; builder's risk; equipment breakdown; commercial general liability; D&O; and automobile insurance. Finally, the treatise identifies potential liability for flood loss for insurance agents and broker, landlords and tenants, governments, meteorologists, and businesses providing inaccurate information about flooding dangers or failing to warn customers about known dangers." -- Back cover

"Mastering Tort Law is a succinct, practical guide to the intricacies of tort law. Functional in approach, it describes and illustrates basic tort doctrine, and provides students with insight into more advanced tort theories. In an attempt to facilitate student learning, the book includes a roadmap at the beginning of each chapter and a checklist at the end"-- Provided by publisher

"The law of corporate reorganizations controls the fate of enterprises worth billions of dollars and has reshaped entire sectors of the economy, yet its inner workings largely remain a mystery. Judges must police a small and closed fraternity of professionals as they sit down at a conference table and forge a new future for a distressed business, but little appears to tell judges how they are to do this. Judges, however, are in fact bound by a coherent set of unwritten principles that derive from a statute Parliament passed in 1571. These principles are not simply norms or customary practices. They have hard edges, judges must enforce them, and parties are bound by them as they are by any other law. This book traces the evolution of these unwritten principles and makes accessible a legal world that has long been closed off to outsiders" -- Back cover

"In our digital world, data is power, and information hoarders reign supreme. The practices of these digital pillagers are analogous to those of cartels--they use intimidation, aggression, and force to maintain control and power. Sarah Lamdan brings us into the unregulated underworld of the 'data cartels,' demonstrating how the entities mining, hoarding, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. The companies at the center of this book are not household names like Google. They fly under the radar and self-identify as 'data analytics' or 'business solutions' operations. These companies supply the digital lifeblood that flow through the circulatory system of the internet. With their control over data, they can prevent the free flow of information to places where it is needed, and simultaneously distribute private information to predatory entities. Just a few companies dominate most of our critical informational resources, from scientific research and financial data to the law. They are also data brokers, selling our personal data to law enforcement and other government agencies that determine whether we should be eligible for social services, and they sell 'risk' products that insurance companies, employers, landlords, and healthcare systems use to make decisions. Alarmingly, everything they're doing is perfectly legal. Ranging from small information firms to billion-dollar data giants like Thomson Reuters and RELX Group, these companies masterfully exploit outdated information and privacy laws, curating online information in a way that amplifies digital racism and targets marginalized communities. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. Lack of legal intervention has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals"-- Provided by publisher

"In the first work of its kind, Incorporation of the Bill of Rights provides a detailed account of the Supreme Court's application of federal rights to the state level. Approaching the Bill of Rights amendment by amendment and right by right, Professor Gary Bugh's content analysis of Court opinions reveals what justices regard as the incorporation status and most relevant case for each right. Along with finding that the Court has incorporated nearly the entire Bill of Rights, Professor Bugh offers new insights into unincorporated rights and addresses the judiciary's various theoretical defenses for protecting civil liberties from state infringement. This definitive inventory of incorporated rights is an essential resource for law and government scholars, teachers, and practitioners at all levels of government"-- Provided by publisher

"New voter ID requirements have the power to influence election outcomes. Examining the political and racialized impacts of these growing state policies across the U.S., States of Confusion shows the maddening difficulties that they are creating for people, while offering concrete solutions for every person's vote and voice to count"-- Provided by publisher

"This guide provides a reliable resource on American Indian law. Its authoritative text covers the essentials of this complex body of law, with attention to the governmental policies underlying it. The work emphasizes both the historical development of Federal Indian Law and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights. It addresses the policy and law applicable to Alaska Natives, but does not deal with Native Hawai'ians." -- Publisher

"Professor Scherer's research proves that increasing diversity on the bench promotes the courts' legitimacy among formerly-marginalized groups; at the same time, white men experience a backlash to an increase in diversity on the bench"-- Provided by publisher

"Each of the American states has its own constitution, which operates in conjunction with the more familiar U.S. Constitution. The state constitutions are the highest form of law within a state, but they are subject to displacement when they come into conflict with the Federal Constitution, federal statutes, or even other lesser forms of federal law. For example, even though New Jersey's constitutional provision on recall of government officials purports to include federal legislators, it was declared unconstitutional as violating the Federal Constitution's provisions on that subject. Each state has its own constitutional history, which is outlined at the beginning of each volume in this series. State constitutional history can contribute generally to an understanding of a particular state's current constitution, as well as specifically to its judicial interpretation"-- Provided by publisher

"Puerto Rico's legal tradition traces its origins back to medieval Spain. Discovered (figuratively) by Christopher Columbus on his second voyage to the Americas, on November 19, 1493, Puerto Rico soon became an overseas colony of the Spanish Crown. The stage was thus set for a colonial entanglement that lasted over four hundred years, making Puerto Rico one of Spain's oldest possessions in the Americas. Puerto Rico's legal culture belongs to the civil law system, deriving its defining features from legal institutions as ancient as Justinian's Corpus Iuris Civilis and Alfonso X's Siete As shall be discussed in further detail below, following the signing of the Treaty of Paris, on December 10, 1898, the Spanish Kingdom relinquished in favor of the United States "all claim of sovereignty over and title to Cuba," while also ceding Puerto Rico (then a Spanish overseas province by virtue of the 1897 Autonomic Charter), Guam and the Philippines to the victor of the so-called Spanish-American War"-- Provided by publisher

Restorative circles are an effective way of implementing restorative justice, through starting a conversation wider than just the victim and the offender. Proven to be an effective way of healing and building relationships, tackling bullying within schools and providing a sense of community, this book gives everything needed for a school to start implementing restorative circles. Accompanied by illustrations, interviews and case studies to show how to start using restorative circles, this practical guide is the perfect introduction for schools looking to improve their methods of conflict resolution

"This book is designed to help you navigate the unique challenges and joys of building and maintaining a healthy restorative ecosystem in your school. It is full of real-world guidance from RJ trainers, facilitators, and educators working around the country to bring about change. Traditional methods of discipline are commonly found to be ineffective, and this book shows how restorative justice and practices can provide a powerful alternative, vastly improving relationships and positive academic outcomes. Each chapter is packed with expertise on everything from carrying out the stages of a restorative circle to understanding the importance of conflict. The authors pull no punches in showing that this work is not always easy, but their passion for restorative justice shines out of every page, demonstrating just how valuable this approach can be in bringing the absolute best our of your students and school." -- Back cover.