New Books at the Dee J. Kelly Law Library - April 2021 - June 2021

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law. Key features include: unpacks key US Supreme Court decisions to focus on the issues that have been most significant in the development of the field explains the distortion of this area of law by biased and stereotypical social attitudes including sanism examines lesser-known cases that illuminate judicial attitudes, helping readers to better understand likely future developments in mental health law. Offering an insightful introduction to this field, the Advanced Introduction to Mental Health Law is an invaluable resource for students and newly qualified lawyers, and will appeal not only to those looking to understand the law in the United States, but how this contributes to the development of the field as a whole.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Frans von der Dunk, a leading authority on space law, presents a nuanced introduction to the topic, explaining the legal rules, rights and obligations applicable to activities in outer space and activities that precede operations in space. He analyzes the interaction of these elements as well as how international organizations relate to the core tenets of space legislation. Key features include: an accessible and engaging writing style a forward-looking approach to how technological developments will be addressed in law discussion of space law within the boundaries of technology, operations, economics and politics consideration of fundamental paradigm changes, such as the increasing commercialization and privatization of space activities. This Advanced Introduction is ideal for advanced students looking for a clear and concise overview of space law. It also provides an entry point for academics and practitioners who need to understand the relationship between space and law.

Algorithms permeate our lives in numerous ways, performing tasks that until recently could only be carried out by humans. Artificial Intelligence (AI) technologies, based on machine learning algorithms and big-data-powered systems, can perform sophisticated tasks such as driving cars, analyzing medical data, and evaluating and executing complex financial transactions - often without active human control or supervision. Algorithms also play an important role in determining retail pricing, online advertising, loan qualification, and airport security. In this work, Martin Ebers and Susana Navas bring together a group of scholars and practitioners from across Europe and the US to analyze how this shift from human actors to computers presents both practical and conceptual challenges for legal and regulatory systems. This book should be read by anyone interested in the intersection between computer science and law, how the law can better regulate algorithmic design, and the legal ramifications for citizens whose behavior is increasingly dictated by algorithms.

American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who had been born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required re-entry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court's ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.

A concise history of how American law has shaped--and been shaped by--the experience of contagion, "taking us from the smallpox outbreaks of the colonies to COVID-19. . . . The conclusion [Witt] arrives at is devastating." (Jennifer Szalai, New York Times) "One wishes that, six months ago, every member of Congress and the Trump administration had been forced to read and reckon with the history Witt neatly summarizes. But now in the aftermath of a close, bitterly fought election, let's hope that this book will help America chart its way forward."--Jill Filipovic, Washington Post From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?

A critical analysis of the connections that the United States Supreme Court has made between campaign finance regulations and voters' behavior. The sanctity of political speech is a key element of the United States Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. The decision stated that in order to pass constitutional muster, any laws limiting money in politics must be narrowly tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this conclusion, the Court advanced a sophisticated behavioral model that made assumptions about how laws affect voters' opinions and behavior. These assumptions have received surprisingly little attention until now. In The Appearance of Corruption, Daron Shaw, Brian Roberts, and Mijeong Baek analyze the connections that the Court made between campaign finance regulations and voters' behavior. The court argued that an increase in perceived corruption would lower engagement and turnout. Drawing from original survey data and experiments, they confront the question of what happens when the Supreme Court is wrong-and when the foundation of over 40 years of jurisprudence is simply not true. Even with the heightened awareness of campaign finance issues that emerged in the wake of the 2010 Citizens United decision, there is little empirical support for the Court's reasoning that turnout would decline. A rigorous statistical analysis, this is the first work to simultaneously name and test each and every one of the Court's assumptions in the pre- and post-Citizen's United eras. It will also fundamentally reshape how we think about campaign finance regulation's effects on voter behavior.

This book helps students preparing for bar exams including a multistate performance test (MPT) or a state-specific performance test. Students will also gain experiential lawyering skills that are essential for law practice. It contains practical exercises, online practice exams and role play simulations that help students will pass the bar and gain critical exposure to practical lawyering skills.

"Best-selling, concise, accessible textbook for first-year law students in a legal research course, with a classic, source-based approach"--

Beyond the Work Product will prepare business attorneys (and particularly law students and new attorneys) for a successful law practice by providing a framework for effective and efficient lawyering. It emphasizes building relationships and trust with clients so that, despite the existence of less costly alternatives, they will keep coming back for more. The approach is process-focused rather than outcome-focused; it emphasizes every step of the lawyering process, not simply delivering the best work product possible. Whether you are at a big firm, a small firm, or a solo practice, approaching lawyering as a relationship-driven job will help you build a sustainable practice and even increase your enjoyment of your work.

This book asks a simple question: are the tech giants monopolies? In the current environment of suspicion towards the major technology companies as a result of concerns about their power and influence, it has become commonplace to talk of Google, Facebook, Amazon, Apple, Microsoft, or Netflix as the modern day version of the 19th century trusts. In turn, the tech giants are vilified for a whole range of monopoly harms towards consumers, workers and even the democratic process. In the US and the EU, antitrust, and regulatory reform is on the way. Using economics, business and management science as well legal reasoning, this book offers a new perspective on big tech. It builds a theory of "moligopoly". The theory advances that the tech giants, or at least some of them, coexist both as monopolies and oligopoly firms that compete against each other in an environment of substantial uncertainty and economic dynamism. With this, the book assesses ongoing antitrust and regulatory policy efforts. It demonstrates that it is counterproductive to pursue policies that introduce more rivalry in moligopoly markets subject to technological discontinuities. And that non-economic harms like privacy violations, fake news, or hate speech are difficult issues that belong to the realm of regulation, not antimonopoly remediation.

The Great Recession intensified large law firms' emphasis on financial performance, leading to claims that lawyers in these firms were now guided by business rather than professional values.  Based on interviews with more than 250 partners in large firms, Mitt Regan and Lisa H. Rohrer suggest that the reality is much more complex. It is true that large firm hiring, promotion, compensation, and termination policies are more influenced by business considerations than ever before and that firms actively recruit profitable partners from other firms to replace those they regard as unproductive. At the same time, law firm partners continue to seek the non-financial rewards of being members of a distinct profession and are sensitive to whether their firms are committed to providing them. Regan and Rohrer argue that modern firms responding effectively to business demands while credibly affirming the importance of non-financial professional values can create strong cultures that enhance their ability to weather the storms of the modern legal market.

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of "traditional" methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.

This book covers the principles and context of expertise-driven marketing. It dispels myths about article writing, discusses the core principles that drive expertise-driven marketing, and identifies similarities between relationship-driven marketing and expertise-driven marketing. It contains 8 fundamental rules of effective article writing.

Who could forget the Supreme Court's controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix--until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden's book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned "lessons of 2000" have impacted American election law through the growth of voter suppression via legislation and administrative rulings, and, provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.

Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.

For well over a decade, the cannabis industry has grown exponentially in scope and revenue. Industry participants range from giant food and beverage companies to e-commerce platforms, dispensaries, pet food companies, and growers. These companies are developing and marketing products that involve "cannabis" in all forms and derivatives, including THC, CBD, and hemp products, as well as other emerging cannabinoid products such as CBG. And as the industry has grown and diversified, so too has its legal needs. Today, in addition to longstanding questions of federal legality and tension with state law, cannabis companies face a broad range of issues that require sophisticated legal guidance. For example, legal questions may involve anything from litigation and real estate to advertising and food and drug law. These questions are especially challenging given the breakneck pace with which cannabis policy and law has developed within a patchwork of federal, state, and local systems. Failure to navigate these concerns deftly and thoughtfully jeopardizes financial growth, not to mention business survival. Until now, there has been no single reference to guide cannabis lawyers along the full continuum of potential legal needs challenging the industry. This treatise fills that gap from a sophisticated perspective by flagging key issues in more than a dozen practice areas and covering the impact of cannabis policy from federal and Canadian enforcement and regulatory agencies. By mapping these diverse concerns, this treatise helps provide useful guardrails for in-house and outside counsel alike.

This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.

Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law. James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law--even when not directly addressing artificial intelligence--can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security--including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race. Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.

"Overview of legal citation for law and paralegal students"--

The term 'civil rights' has such a familiar presence in discussions about American politics and law that we tend to use it reflexively and intuitively, but rarely do we stop to think about what exactly we mean when we use the term and why certain uses strike us as right or wrong. In this book, Professor Christopher W. Schmidt tells the story of how Americans have fought over the meaning of civil rights from the Civil War through today. Through their struggles over what it means to live in a nation dedicated to protecting civil rights, each generation has given the label new life and new meaning. Civil Rights in America shows how the words we use to understand our world become objects of contestation and points of leverage for social, political, and legal action.

This book is a must read for new law graduates before they start to take on the issues of their clients. It stresses the critical behavioral qualities that will help or hinder their ability to credibly undertake the client's issues, separate and apart from all of the psychological baggage that they have accumulated over the years. Hiring partners of firms will also find this book useful in helping their new hires to get off on the right foot as they undertake whatever form of mentoring provided. Finally, with the mastery of these interpersonal skills and an understanding of the issues discussed in this book, a rewarding career and personal contribution to a viable road for enhanced civility must follow.

"This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teachers Manual or through other role plays developed by their professor. Other features of this book that are worthy of mention: The book is deliberately designed to be short-to "get to the point," without unnecessary palaver. The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant. The new edition of the book adds sections addressing counseling about mediation, counseling about transactional matters, and the role of emotional intelligence"--

Collegiality and the Constitution: The Eastern District of Texas 1846 to 2006 chronicles Article III judges, up through the civil rights era and more recently, who presided over the contentious issues of the day. They frequently faced tough decisions from tension between upholding unpopular laws which conflicted with the accepted social and legal norms of their times. Armed with the power to transform and make changes, this book portrays judges who leaped, untroubled and unhesitatingly, at the issues of the day. The result was community uproar, rejection, and ostracism. . . . They adhered to the letter of the law but tried to avoid or minimize the conflict of forcing the implementation of disliked laws, which ultimately may not have benefitted the disputants or the community as a whole at that point. This history recounts many seminal moments where the mettle of the person and the strength of their commitment to uphold and enforce the law of our land was tested. This book reflects that for decades following the 50s and 60s, dominant federal issues concerned the rights movement, civil rights, and its progeny. For the 100 years before the civil rights era, our courts handled routine disputes and cases while their major litigation addressed the great themes of our region's and country's progress. This litigation involved land title, revenue claims, debt, states' rights, Indian territory, oil production, and trust-busting, expansion of federal regulations, transportation, criminal trials, voting rights, and redistricting. Subsequently, our Texas Eastern judges' commitment to quick trials and resolutions helped transition and bridge the two distinct eras from civil rights to some of the largest class action, personal injury, and toxic tort lawsuits.  

Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.

Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David Gerber's Competition Law and Antitrust is an essential tool for anyone learning the complexities of competition or antitrust law.

The classic legal guide with more than 100,000 copies in print--now substantially updated and revised! Whether grappling with modest or extensive assets, The Complete Book of Wills, Estates & Trusts has long been the indispensable guide for protecting an estate for loved ones. In this completely revised fourth edition, updated to cover the latest changes in estate law, attorneys Alexander A. Bove, Jr., and Melissa Langa synthesize their decades of field and classroom experience into honest, clear, and entertaining explanations of a host of complex legal topics, including: * How to create a will and living trust * How to use a trust to avoid probate and legal complications * How trusts work and how to use trusts to save taxes * How to contest a will and how to avoid a contest * How to settle an estate or make a claim against one * How to establish a durable power of attorney * How to protect assets from creditors In their straightforward and humorous style, Bove and Langa share easy-to-understand legal definitions and savvy advice on everything from taxes to choosing the right attorney, all illustrated with entertaining examples and actual cases. This is the best and only legal guide readers will ever need to ensure that their money and holdings remain in the family.

Computational Legal Studies offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies. Featuring contributions from a diverse set of experts, this thought-provoking book considers the implications of computationally enabled research and the future trajectory of the field. It discusses how technological, scientific and methodological developments are not only making the traditional practice of law more efficient but are also creating new perspectives on the law and shaping how we understand it. Chapters draw on a range of examples of computational legal research to demonstrate how a wide variety of research methods, including natural language processing, machine learning, agent-based modelling, and network analysis, are transforming the relationship between law and computation. This book will prove to be a stimulating read for legal academics looking for a better understanding of this emerging field and for law students interested in new legal research techniques. It will also be a valuable resource for legal firms and computational social scientists interested in examining how law is adopting computational methods.

What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over the state of American politics, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. Readers are invited to join the Founders in candlelit taverns where, over glasses of wine, they debated fundamental issues; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, enact an alternate account through startling and revealing conversations; and to attend a Constitutional Convention taking place in the present day. These possibilities come to life in the book's prose, with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.

An account of the ramifications of the passage of the Nineteenth Amendment and the divisions it created in the courts and Congress, and in the women's movement itself. Constitutional Orphan explores the role of former suffragists in the constitutional development of the Nineteenth Amendment, during the decade following its ratification in 1920. It examines the pivot to new missions, immediately after ratification, by two national suffrage organizations, the National Woman's Party and the National American Woman Suffrage Association. The NWP turned from suffrage to a federal equal rights amendment. NAWSA became the National League of Women Voters, and turned to voter education and social welfare legislation. The book then connects that pivot by both groups, to the emergence of a thin conception of the Nineteenth Amendment, as a matter of constitutional interpretation. It surfaces the history around the Congressional failure to enact enforcement legislation, pursuant to the Nineteenth, and connects that with the NWP's perceived need for southern Congressional votes for the ERA. It also explores the choice to turn away from African American women suffragists asking for help to combat voter suppression efforts, after the November 1920 presidential election; and then evaluates the deep divisions among NWP members, some of whom were social feminists who opposed the ERA, and the NLWV, which supported the social feminists in that opposition. The book also analyzes how state courts, left without federal enforcement legislation to constrain or guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth. It concludes with an examination of new legal scholarship, which suggests broader ways in which the Nineteenth could be used today to expand gender equality.

"Contract Administration: Tools Techniques and Best Practices provides a comprehensive overview of the contract administration process within the public sector. The book helps the reader develop a strong understanding of the complexities of contract administration and recognize the importance of planning, monitoring, and proactive insight into and oversight of contract performance. It explains how to determine the appropriate contract administration method, prepare a relevant plan, participate in the process, and evaluate the success of the contract and evaluation procedures. Among the topics covered are: planning the administration of a contract, conducting a post-award orientation, monitoring a contractor's performance, resolving problems that may arise, applying remedies under the contract, preparing contract modifications, processing a dispute, claim or termination, authorizing payments under a contract, and closing out a completed contract"--

Copyright for Schools makes legal concepts related to U.S. copyright law understandable to educators. A staple on reference shelves, it has now been updated with new court rulings and technology applications. This updated edition of Copyright for Schools explains U.S. copyright law as it applies to education settings clearly and concisely for teachers and school librarians. Topics new to this edition include copyright implications related to the use of such streaming services as Netflix(tm) and Pandora(tm), links to online tools that teachers can use to assist them in making their own daily decisions regarding the use of copyrighted materials, and implications relating to the use of anonymous internet publishing tools such as Snapchat(tm) and use of Cloud-based sharing. Other new topics include issues related to disability, how to appropriately respond to cease and desist letters and other legal inquiries, implications of the Music Modernization Act, and expanded discussion of open resources such as Creative Commons licenses. This edition also adds a concordance in a "Scope and Sequence" table format, so all information related to U.S. copyright knowledge is accessible no matter where it resides within the text, and provides links to online tools and resources that can be used to guide users of copyrighted materials in making decisions about how to use them. Still included are the real-world applications and the Q&A sidebars from prior editions. Concordance linking copyright concepts to concepts featured elsewhere in the text Revised and expanded lists of free and licensed materials for use in teaching and learning New chapter discussing issues related to disability New chapter discussing appropriate responses to cease and desist letters and other legal inquiries Links to online tools and resources that can be used to guide users of copyrighted materials in making decisions about how to use them

"Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime." -Robert Jackson, former Commissioner, Securities and Exchange Commission In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. "We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks," he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, "it is easier and cheaper to buy information than seek to discover it in adversarial proceedings." All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.

On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch's actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. Courts at War goes beyond the post-9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)--even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments. Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump's travel ban.

Why does Western pandemic policy have support across the political spectrum, when its social impacts conflict with ideology on both right and left? During the pandemic, the Left has agreed that 'following the science' with hard lockdowns is the best way to preserve life; only irresponsible right-wing populists oppose them. But social science shows that while the rich have got richer, those suffering most under lockdown are the already disadvantaged: the poor, the young, and--most overlooked of all--the Global South. The UN is predicting tens of millions of deaths from hunger and warning that decades of development are being reversed. Equally, why have conservatives backed lockdowns and other major interventions, creating the big state that they usually abhor? These contradictions within the great consensus of Western pandemic response are part of a broader crisis in Western thought. Toby Green peels back the policy paradoxes to reveal irreconcilable beliefs in our societies. These deep divisions are now bursting into the open, with devastating consequences for the global poor.

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits--whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters--lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises--and the role of lawyers in them--better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot - the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster's oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): "A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles." But were these "broad and general principles" themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster's analysis of three key constitutional issues is relevant to today's constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.

Election interference is one of the most widely discussed international phenomena of the last five years. Russian covert interference in the 2016 U.S. Presidential Election elevated the topic into a national priority, but that experience was far from an isolated one. Evidence of election interference by foreign states or their proxies has become a regular feature of national elections and is likely to get worse in the near future. Information and communication technologies afford those who would interfere with new tools that can operate in ways previously unimaginable: Twitter bots, Facebook advertisements, closed social media platforms, algorithms that prioritize extreme views, disinformation, misinformation, and malware that steals secret campaign communications. Defending Democracies examines the problem through an interdisciplinary lens and focuses on: (i) defining the problem of foreign election interference, (ii) exploring the solutions that international law might bring to bear, and (iii) considering alternative regulatory frameworks for understanding and addressing the problem. The result is a deeply urgent examination of an old problem on social media steroids, one that implicates the most central institution of liberal democracy: elections. The volume seeks to bring domestic and international perspectives on elections and election law into conversation with other disciplinary frameworks, escaping the typical biases of lawyers who prefer international legal solutions for issues of international relations. Taken together, the chapters in this volume represent a more faithful representation of the broad array of solutions that might be deployed, including international and domestic, legal and extra-legal, ambitious and cautious.

Powerful, wry essays offering modern takes on a primitive practice, from one of our most widely read death penalty abolitionists As Ruth Bader Ginsburg has noted, people who are well represented at trial rarely get the death penalty. But as Marc Bookman shows in a dozen brilliant essays, the problems with capital punishment run far deeper than just bad representation. Exploring prosecutorial misconduct, racist judges and jurors, drunken lawyering, and executing the innocent and the mentally ill, these essays demonstrate that precious few people on trial for their lives get the fair trial the Constitution demands. Today, death penalty cases continue to capture the hearts, minds, and eblasts of progressives of all stripes--including the rich and famous (see Kim Kardashian's advocacy)--but few people with firsthand knowledge of America's "injustice system" have the literary chops to bring death penalty stories to life. Enter Marc Bookman. With a voice that is both literary and journalistic, the veteran capital defense lawyer and seven-time Best American Essays "notable" author exposes the dark absurdities and fatal inanities that undermine the logic of the death penalty wherever it still exists. In essays that cover seemingly "ordinary" capital cases over the last thirty years, Bookman shows how violent crime brings out our worst human instincts--revenge, fear, retribution, and prejudice. Combining these emotions with the criminal legal system's weaknesses--purposely ineffective, arbitrary, or widely infected with racism and misogyny--is a recipe for injustice. Bookman has been charming and educating readers in the pages of The Atlantic, Mother Jones, and Slate for years. His wit and wisdom are now collected and preserved in A Descending Spiral.

All projects began with an idea, a concept, and a design. The ability to bring these artful projects to reality through construction is based on the foundation of design services of architects and engineers. With each of these projects, however, comes incredible risk and the fundamental duty to protect the lives, safety, and welfare of those that build and occupy these structures. Every construction project carries these fundamental duties and risks, regardless of its size and complexity. This book is serves as an essential tool to educate design and construction professionals, and the legal professionals who consult with them. This update expands on the previous edition, Design Professional and Construction Manager Law, by focusing entirely on the fundamental and emerging laws applicable to design professionals. It covers the fundamental issues that the field of construction law brings to any project, and examines the new legal issues that emerge from advancements in the design and construction industry.

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS.   This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

This comprehensive account of the concept and practices of deduction is the first to bring together perspectives from philosophy, history, psychology and cognitive science, and mathematical practice. Catarina Dutilh Novaes draws on all of these perspectives to argue for an overarching conceptualization of deduction as a dialogical practice: deduction has dialogical roots, and these dialogical roots are still largely present both in theories and in practices of deduction. Dutilh Novaes' account also highlights the deeply human and in fact social nature of deduction, as embedded in actual human practices; as such, it presents a highly innovative account of deduction. The book will be of interest to a wide range of readers, from advanced students to senior scholars, and from philosophers to mathematicians and cognitive scientists.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.

While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.

Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.

"This book addresses practical application of intellectual property principles to drafting and negotiating intellectual property transactions, intended to be used by practicing lawyers for use in their practices in addition to being used as a textbook for a law school course"--

In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system, showing how the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers and what we can do about it.

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.

This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.

"This book is a guide to environmental laws and liability issues that arise in real estate and commercial transactions"--

The fascinating biography of Eunice Hunton Carter, a social justice and civil rights trailblazer and the only woman prosecutor on the Luciano trial. Eunice Hunton Carter rose to public prominence in 1936 as both the only woman and the only person of color on Thomas Dewey's famous gangbuster team that prosecuted mobster Lucky Luciano. But her life before and after the trial remains relatively unknown. In this definitive biography on this trailblazing social justice activist, authors Marilyn S. Greenwald and Yun Li tell the story of this unknown but critical pioneer in the struggle for racial and gender equality in the twentieth century. Carter worked harder than most men because of her race and gender, and Greenwald and Li reflect on her lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, community organizer, and, later, as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organizations. Carter was both a witness to and a participant in many pivotal events of the early and mid- twentieth century, including the Harlem riot of 1935 and the social scene during the Harlem Renaissance. Using transcripts, letters, and other primary and secondary sources from several archives in the United States and Canada, the authors paint a colorful portrait of how Eunice continued the legacy of the Carter family, which valued education, perseverance, and hard work: a grandfather who was a slave who bought his freedom and became a successful businessman in a small colony of former slaves in Ontario, Canada; a father who nearly single-handedly integrated the nation's YMCAs in the Jim Crow South; and a mother who provided aid to Black soldiers in France during World War I and who became a leader in several global and domestic racial equality causes. Carter's inspirational multi-decade career working in an environment of bias, segregation, and patriarchy in Depression-era America helped pave the way for those who came after her.

This book provides the first comprehensive assessment of the various issues faced by countries in the European Union, where progressing climate change and urbanization pose significant cooperative challenges in a large number of river basins. Conducting a thorough analysis of the intricate web of EU water governance, it reveals that the hydropolitical stability of the European Union is already at risk. Further, given the structural nature of the shortcomings in EU water policy--e.g. the rigidity of the EU's founding treaties or the institutional complacency of the European Commission--the book argues that these risks are likely to turn into sources of prolonged conflict, unless EU decision-making bodies take steps to address the new hydrological realities early on.

"Explores major issues that arise in the always expanding whistleblower law"--

Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.

A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.

A user's guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question--from student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels-- and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

The Seventh Edition confronts continued and, indeed, increased instability. The new instability follows a relatively short lull after a period of unprecedented instability, including since 2001, increases in exemptions, reductions in rates, the repeal and restoration of the estate tax and the generation-skipping tax, the installation of a system of portability of the unused portion of the estate tax exemption of a predeceasing spouse, the advocacy by leading politicians of repeal of the taxes and, by others, of drastic increases in the taxes and the enactment of wealth taxes, and, probably most importantly, of a worldwide plague against which individuals, groups and even nations were unable to protect themselves. Variations of techniques that have appeared in all prior editions of this book are the techniques of choice for the present environment. More than ever, flexibility is the hallmark.

Philadelphia's progressive district attorney offers an inspiring vision of how people can take back power to reform criminal justice, based on lessons from a life's work as an advocate for the accused. "Larry Krasner is at the forefront of a movement to disrupt a system. This is a story that needs to be read by millions."--Bryan Stevenson, author of Just Mercy Larry Krasner spent thirty years learning about America's carceral system as a civil rights and criminal defense lawyer in Philadelphia, working to get some kind of justice for his clients in a broken system, before deciding that the way to truly transform the system was to get inside of it. So he launched an unlikely campaign to become the district attorney of Philadelphia, a city known for its long line of notorious "tough on crime" DAs who had turned Philly into a city with one of the highest rates of incarceration in the country. Despite long odds and derisive opposition from the police union and other forces of the status quo, Krasner laid out a simple case for radical reform and won the November 2017 general election by a margin of nearly 50 percent. For the People is not just a story about Krasner's remarkable early life as a defense lawyer and his innovative grassroots campaign; it's also a larger exploration of how power and injustice conspired to create a carceral state unprecedented in the world. Readers follow Krasner's lifelong journey through the streets and courtrooms and election precincts of one American city all the way up to his swearing-in ceremony to see how our system of injustice was built--and how we might dismantle it. In the tradition of powerful critiques of the criminal justice system, from Bryan Stevenson's Just Mercy to Michelle Alexander's The New Jim Crow, For the People makes the compelling case that transforming criminal justice is the most important civil rights movement of our time and can only be achieved if we're willing to fight for the power to make a change.

The fundamental importance of the 1787 Constitutional Convention continues to affect contemporary politics. The Constitution defines the structure and limits of the American system of government, and it organizes contemporary debates about policy and legal issues--debates that explicitly invoke the intentions and actions of those delegates to the Convention. Virtually all scholarship emphasizes the importance of compromise between key actors or factions at the Convention. In truth, the deep structure of voting at the Convention remains somewhat murky because the traditional stories are incomplete. There were three key factions at the Convention, not two. The alliance of the core reformers with the slave interests helped change representation and make a stronger national government. When it came time to create a strong executive, a group of small state delegates provided the crucial votes. Traditional accounts gloss over the complicated coalition politics that produced these important compromises, while this book shows the specific voting alignments. It is true that the delegates came with common purposes, but they were divided by both interests and ideas into three crosscutting factions. There was no persistent dominant coalition of reformers or nationalists; rather, there was a series of minority factions allying with one another on the major issues to fashion the compromise. Founding Factions helps us understand the nature of shifting majorities and how they created the American government.

#1 NEW YORK TIMES BESTSELLER * A chorus of extraordinary voices tells the epic story of the four-hundred-year journey of African Americans from 1619 to the present--edited by Ibram X. Kendi, author of How to Be an Antiracist, and Keisha N. Blain, author of Set the World on Fire. "A vital addition to [the] curriculum on race in America . . . a gateway to the solo works of all the voices in Kendi and Blain's impressive choir."--The Washington Post   "From journalist Hannah P. Jones on Jamestown's first slaves to historian Annette Gordon-Reed's portrait of Sally Hemings to the seductive cadences of poets Jericho Brown and Patricia Smith, Four Hundred Souls weaves a tapestry of unspeakable suffering and unexpected transcendence."--O: The Oprah Magazine The story begins in 1619--a year before the Mayflower--when the White Lion disgorges "some 20-and-odd Negroes" onto the shores of Virginia, inaugurating the African presence in what would become the United States. It takes us to the present, when African Americans, descendants of those on the White Lion and a thousand other routes to this country, continue a journey defined by inhuman oppression, visionary struggles, stunning achievements, and millions of ordinary lives passing through extraordinary history.  Four Hundred Souls is a unique one-volume "community" history of African Americans. The editors, Ibram X. Kendi and Keisha N. Blain, have assembled ninety brilliant writers, each of whom takes on a five-year period of that four-hundred-year span. The writers explore their periods through a variety of techniques: historical essays, short stories, personal vignettes, and fiery polemics. They approach history from various perspectives: through the eyes of towering historical icons or the untold stories of ordinary people; through places, laws, and objects. While themes of resistance and struggle, of hope and reinvention, course through the book, this collection of diverse pieces from ninety different minds, reflecting ninety different perspectives, fundamentally deconstructs the idea that Africans in America are a monolith--instead it unlocks the startling range of experiences and ideas that have always existed within the community of Blackness.  This is a history that illuminates our past and gives us new ways of thinking about our future, written by the most vital and essential voices of our present.

Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.

From Babylon to the Silicon Valley--The Origins and Evolution of Intellectual Property A Sourcebook Nuno Pires de Carvalho At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and international law. Highlighting important moments in the evolution of the intellectual property, the author--one of the world's best known authorities in the field--assembles his chosen sources in a way that sheds definitive light on such aspects as the following: early origins in the appropriation of differentiating assets by merchants and manufacturers; evolution of trademark law up to the adoption of the TRIPS Agreement; evolution of patent law, demonstrating in detail how English and U.S. courts moulded its modern interpretation; differentiation of industrial designs; the comparatively modern development of trade secrets law; origins and evolution of international protection through treaties and free trade agreements; and the prodigious expansion of intellectual property law in the past few decades to previously unprotected areas of business and professional activity. The sources--many translated into English for the first time--are preceded when appropriate by brief notes explaining their context and relevance. The book closes with a chapter on contemporary debates, such as new areas of protection and new social controversies. As a compilation of sources that would be otherwise unavailable to most readers, this factual and impartial account of why and how intellectual property has emerged and evolved is a treasure trove for all those interested in how the imperatives of civilization have designed and continue to design the scope and the limits of intellectual property. The book will be warmly welcomed by practitioners seeking a deeper understanding of their working tools, as well as by academics, government officials, and relevant international organizations around the world.  

"This work is a second edition of M. Kristine Taylor Warren's Grandparent Visitation Rights: A Legal Research Guide (2001), which provided a useful summary of the statutory law, case law, and secondary sources available at that time. Over the past twenty years, grandparents' visitation rights have grown dramatically with revisions of the law, many more cases at all levels of the federal, state, and local courts, and in secondary sources. This new edition incorporates Warren's information with the new law and sources"--

Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"--brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.

This handbook describes the historical and legal background to the TRIPS Agreement, its role in the WTO and its institutional framework. It reviews the following areas: general provisions and basic principles; copyright and related rights; trademarks; geographical indications; patents; industrial designs, layout-designs, undisclosed information and anti-competitive practices; enforcement of IPRs; dispute settlement in the context of the TRIPS Agreement; TRIPS and public health; and current TRIPS issues. It contains a guide to TRIPS notifications by WTO members and describes how to access the official documentation relating to the TRIPS Agreement and related issues. Furthermore, it includes the legal texts of the TRIPS Agreement and the relevant provisions of the WIPO conventions referred to in it, as well as subsequent relevant WTO instruments and related non-WTO treaties. The new edition covers the public health revision of the Agreement that entered into force in 2017 and provides updates on other recent developments.

Maintaining cybersecurity in today's technologically driven world is vital to the health of any business. Media outlets continue to report on large-scale data breaches affecting millions of consumers' information and costing companies millions, and sometimes even billions, of dollars to rectify. Organizations, particularly those within or touching the healthcare industry, remain the most attractive of targets for cyber attackers given the higher and lasting value of personal health information. The goal of this book is to help bolster stakeholders' knowledge of cybersecurity in the healthcare industry, with the aim of pinpointing current and impending threats to the industry's data security. The topics to be addressed include types of cybersecurity threats; ransomware in healthcare; how to prepare for and respond to cybersecurity attacks; the cost of inadequate security measures; and managing privacy and cybersecurity risks.

Legal doctrine--the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law--is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the "New Doctrinalists," Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine--focusing especially on those difficult moments where law seems to run out, but legal argument must go on.  The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

Good writing skills and habits are critical for scholarly success. Every article is a story, and employing the techniques of effective storytelling enhances scholars' abilities to share their insights and ideas, increasing the impact of their research. This book draws on the tools and techniques of storytelling employed in fiction and non-fiction writing to help academic writers enhance the clarity, presentation, and flow of their scholarly work. Timothy Pollock describes the structure, techniques and tools of storytelling, and shows the reader how to apply them in writing the Introduction, Theory and Hypotheses, Methods and Results, and Discussion sections of an article. He also describes how these sections differ for qualitative and theory papers, and addresses how to manage the writing, coauthoring and review processes. In addition, he explains how to use storytelling when writing grant proposals, research statements and cover letters. This book is an invaluable tool for academics at all levels across the business and social science disciplines. 'If you want your scholarly work to be read, admired, and remembered, you should dive into this book. Tim Pollock has done us an immense service. By integrating classical concepts from the narrative and dramatic arts, along with numerous juicy examples from the world of academic writing, Pollock provides us a fun, valuable story about storytelling.' - Donald C. Hambrick, The Pennsylvania State University, US

Congress expects Medicare to provide quality medical care for its beneficiaries. However, Congress does not give Medicare enough money to meet this goal. When Medicare went into effect in 1966, there were 19 million people receiving Medicare benefits, and life expectancy for the average American was 70 years. By 2015, there were 55.5 million people receiving Medicare benefits, and life expectancy was 78.8 years. This puts Medicare providers in the middle of a quality care versus inadequate funding dispute, which can affect the kind of care a patient receives. This book is about how to successfully fight for the payment of medically reasonable and necessary services when Medicare erroneously denies payment, or when Medicare erroneously demands a repayment of overpayment. The information in this book will help Medicare providers, Medicare billing companies, and health care attorneys who represent Medicare providers to prepare for Administrative Law Judge (ALJ) hearings--and will help you win those ALJ decisions.

This cutting-edge book invites readers to rethink environmental law and its critical role in ensuring a sustainable future for all. Featuring international narratives, it demonstrates how environmental law can be a potent tool to secure multi-actor engagement, to improve ocean governance and to usher in effective policy reforms. Contributors illustrate narratives of successful historic and contemporary developments in environmental law, setting out innovative approaches to issues such as environmental enforcement and monitoring, effective forest protection, climate adaptation and disaster risk reduction. Drawing out key lessons and practices for effective reform, this insightful book highlights opportunities by which we can respond to the acute environmental challenges facing the planet. Bringing together perspectives from both established and up-and-coming scholars, this book will be of interest to academics and students of environmental law, as well as researchers of environmental management. Policy makers and practitioners will also find inspiration in fruitful stories of environmental law and policy reform. Contributors include:T.N. Adimazoya, T. Daya-Winterbottom, R.-L. Eisma-Osorio, D. Estrin, A. Foerster, L.L. Heng, E.A. Kirk, Y. Lin, R.V. Percival, F.-K. Phillips, A. Pickering, N. Robinson, J. Steinberg-Albin

Modern technology offers new tools to better understand, track, and explain viral and bacterial spread in humans. In 2020, as COVID-19 overwhelmed governments and significant segments of the population and paralyzed many courts, we became painfully aware of the magnitude of risk carried around in tiny bacteria and viruses. COVID-19 has shown us that developing standards of care, treatments, and vaccines for emerging viruses and bacteria can take substantial time and resources. The rise in superbugs and drug-resistant bacteria, and the difficulty of treating these infections, have raised new questions about the balance between public health and global commerce. More than ever, practitioners need to think like scientists--following the facts and science to build a case. Like science, the law has not remained stagnant. Products, premises, and food outbreak liability law--all applicable to this type of litigation--have evolved through legislative acts, regulatory rulemaking, and the common law. This evolution has occurred parallel to the advances of science, purposeful or not. While COVID-19 changed the original scope of this book by broadening the areas of inquiry, the basic idea remains the same: science and the law seldom remains static. The emergence of widespread contagion litigation has underscored key developments in both science and law. COVID-19 has highlighted that disputes over outbreaks are not limited to tort litigation. The pandemic has also seen a rise in insurance, contract, and employment cases related to COVID-19. All of these types of litigation now face epidemic- and pandemic-related questions. This book provides guidance for the practitioner who is handling any type of outbreak litigation, from complex disputes arising out of the COVID-19 pandemic to smaller localized outbreaks that require special expertise.

Conventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.

"Drawing upon the experience of faculty from across the country, Integrating Doctrine and Diversity is a collection of essays with practical advice, written by faculty for faculty, on specific ways to integrate diversity, equity and inclusion into the law school curriculum. Chapters will focus on subjects traditionally taught in the first-year curriculum (Civil Procedure, Constitutional Law, Contracts, Legal Writing, Legal Research, Property, Torts) and each chapter will also include a short annotated bibliography curated by a law librarian. With submissions from over 40 scholars, the collection is the first of its kind to offer reflections, advice and specific instruction on how to integrate issues of diversity and inclusions into first-year doctrinal courses"--

In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing afresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

With the rise in health law litigation, particularly due to the COVID-19, litigators will need to understand the specific issues inherent in this topic. This book is a practical guide for lawyers who are either just starting out in practicing health law or handling a case in an unfamiliar area. Topics covered include: ·Malpractice Litigation ·Long-Term Care Litigation ·Medical Device Litigation ·Recovery of Damages ·Medical Experts ·And More!

If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessary--not only to benefit creators and inventors but also to support activities that contribute to the culture at large--yet overly broad ownership rights stifle innovation.   Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.

Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? This transformative text tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent.

Just Briefs: Preparing for Practice, Fourth Edition, features the authors' famously effective step-by-step approach in the form of a highly focused how-to guide.  Just Briefs provides all of the tools needed to master the critical legal writing skill of drafting motion and appellate briefs. The perfect companion to any legal writing text, Just Briefs teaches the skills of effective advocacy as it plays out in trial and appellate briefs, oral argument, and the thinking process that informs both. New to the Fourth Edition: Updated examples throughout the text Reorganized in this edition into shorter, more teachable chapters Professors and students will benefit from: The authors' trademark straightforward, step-by-step approach Helpful examples of motion and appellate briefs Ideas about how to present an effective oral argument Federal rules and samples of federal briefs, valuable resources for participants in moot court competitions Practice Pointers that offer real-world advice for writing persuasive briefs Coverage of motion briefs, with a brief in support of a motion for summary judgment

In the first comprehensive accounting of the US Supreme Court's race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court's race record--a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction Amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the Court's race jurisprudence. Addressing nearly two hundred cases involving America's racial minorities, the authors probe the parties involved, the justices' reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the country's promise of equal rights for all.

Ruth Bader Ginsburg's last book is a curation of her own legacy, tracing the long history of her work for gender equality and a "more perfect Union." In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to deliver the first annual Herma Hill Kay Memorial Lecture in honor of her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. Justice, Justice Thou Shalt Pursue is the result of a period of collaboration between Ginsburg and Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. During Justice Ginsburg's visit to Berkeley, she told her life story in conversation with Tyler. In this collection, the two bring together that conversation and other materials--many previously unpublished--that share details from Justice Ginsburg's family life and long career. These include notable briefs and oral arguments, some of Ginsburg's last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was chosen by Ginsburg and Tyler to tell the story of the litigation strategy and optimistic vision that were at the heart of Ginsburg's unwavering commitment to the achievement of "a more perfect Union."   In a decades-long career, Ruth Bader Ginsburg was an advocate and jurist for gender equality and for ensuring that the United States Constitution leaves no person behind. Her work transformed not just the American legal landscape, but American society more generally. Ginsburg labored tirelessly to promote a Constitution that is ever more inclusive and that allows every individual to achieve their full human potential. As revealed in these pages, in the area of gender rights, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. And as also shown in the materials brought together here, Justice Ginsburg had a special ability to appreciate how the decisions of the high court impact the lived experiences of everyday Americans. The passing of Justice Ruth Bader Ginsburg in September 2020 as this book was heading into production was met with a public outpouring of grief. With her death, the country lost a hero and national treasure whose incredible life and legacy made the United States a more just society and one in which "We the People," for whom the Constitution is written, includes everyone.

This book is a handbook to guide lawyers as well as lay employer and union advocates in preparing and presenting their cases to a neutral arbitrator or board of arbitration. It leads the reader through each step of the labor arbitration process, particularly to see the arbitration process from the perspective of the advocate and to evaluate the strategies and tactics often employed by experienced advocates in case preparation and presentation. It is also designed for union and management lawyers and lay advocates alike. In virtually all aspects of case preparation and presentation, the tasks and skills of a union advocate are mirror images of those of his or her employer counterpart, and vice versa. Although union advocates almost always represent the individual(s) bringing the grievance (the "grievant(s)" or "complainant(s)") and the union that represents him/her/them (which is defending the case), the specific steps in preparation and presentation of the case are identical for each side. In the many examples and practical tips found throughout the book, both union and employer perspectives are reflected. This book deals solely with labor arbitration, advocates may nevertheless find themselves with a case in other related arenas, such as employment disputes in non-union settings, and may find relevant and useful information in most of the chapters of this book.

Law and economics research has had an enormous impact on the laws of contracts, torts, property, crimes, corporations, and antitrust, as well as public regulation and fundamental rights.  The Law and Economics of Patent Damages, Antitrust, and Legal Process examines several areas of important research by a variety of international scholars. It contains technical papers on the appropriate way to estimate damages in patent disputes, as well as methods for evaluating relevant markets and vertically integrated firms when determining the competitive effects of mergers and other actions. There are also papers on the implication of different legal processes, regulations, and liability rules on consumer welfare, which range from the impact of delays in legal decisions in labour cases in France to issues of criminal liability related to the use of artificial intelligence.  This volume of Research in Law and Economics is a must-read for researchers and professionals of patent damages, antitrust, labour, and legal process.

Law and Neurodiversity offers invaluable guidance on how autism research can inform juvenile justice policies in Canada and the United States. In Canada, the diversion of youth away from formal processing has fostered community-based strategies for serving those with autism. US policies rely more heavily on formal responses, often employing juvenile custody facilities. Building on a rigorous exploration of how assessment, rehabilitation, and community re-entry differ between the two countries, Law and Neurodiversity offers a much-needed comparative analysis of autism and juvenile justice policies on both sides of the forty-ninth parallel.

"A concise, two-part text covering wellness and academic skills for success in law school; and exam preparation, strategies, and techniques for succeeding on law school exams"--

"The ABA and most state bar associations have identified a wellness crisis in the legal profession, and called for educating students on how to better cope with the challenges of law school and practice. At the same time, students must learn how to maximize their brain health so that they perform well in law school and on behalf of their clients in practice. The same way musicians would tune their instruments, or chefs would sharpen their knives, law students must sharpen their minds. This book aims to help students "do well" in their ability to learn, and "be well" in the process, by exploring the deep connection between brain health and wellness. Specifically, the book discusses: How to cultivate the ability to deeply focus and deal with the challenges of the 24/7 digital age How stress affects both brain and body How increasing resilience helps deal with challenges and setbacks Why we need exercise for mental, physical, and brain health Why adequate sleep is important and how it can be improved How what we eat affects the brain and one's physical performance Written in a witty, informative, and easy-to-read style, the book is full of suggestions to help students establish healthy and productive habits which will benefit both brain and body. Each chapter ends with a self-reflection exercise to help students take the material and consciously begin implementing its suggestions. This book could be used in orientation programs, academic support and wellness programming, professional development, mindfulness, and other "preparing for practice" courses"--

"This book introduces a class of software tools that support the distinctive work of lawyers and other legal professionals. It discusses how technologies like work product retrieval, document assembly, and interactive checklists help lawyers work smarter and reviews the main technical, financial, and management issues in acquiring and using knowledge tools"--

This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.   Offering both theoretical and practical insights, contributions illustrate the disruptive nature of the data-driven economy. Chapters discuss how products and services are digitalised and broken into bits, that in turn are reassembled, traded and used across sectors and borders, in contrast to how algorithms are already used to influence our choices, govern our news feeds and revolutionise business models at large. Having shown algorithms and big data to be the two fundamental driving forces of the new information society, expert authors explore which policy options, institutional frameworks and values should be adopted by lawmakers and regulatory authorities in order to ensure a fair balance between private interests such as competition, innovation and the fundamental rights of individuals.   Innovatively combining both public and private law perspectives, this unique book will provide a valuable resource for scholars and students of information and technology law, media law, privacy, regulatory and human rights law. Its attention to the latest developments will also prove essential for policymakers and practitioners working in related areas.

"Introductory text on legal research and writing for international graduate law students"--

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

Hundreds of millions of global businesspeople use LinkedIn® daily as a power tool to forge connections, nurture relationships, assess business colleagues, and select professionals to rely on. After 11 years coaching and training professional practitioners--attorneys, consultants, CPAs, insurance producers, financial planners, and multi- and entrepreneurs; in fact, anyone offering services--author Marc W. Halpert revised the earlier edition of this field reference guide, its principles now even more time-tested. Here's what this book does differently than others on the market: it offers long-term, practical, anecdotal marketing techniques that work: how and why to make all LinkedIn® sections work cohesively, based on the author's consulting experience with professionals in all fields. In this second edition, he includes three guest chapters: staying aligned with ever-changing legal ethics guidelines, what attracts a recruiter to a professional practitioner's LinkedIn® profile, and how to use LinkedIn® as an integral part of any professional firm's marketing and branding strategy. In addition, the second edition answers the needs voiced by so many professionals, with brand-new resource material on emotional intelligence and the Japanese concept of Ikigai to enhance the LinkedIn® experience. The book you are holding can lead you to express why you do what you do and look "amazing-er" than competitors, showcasing your brand on LinkedIn®.

"How to evaluate and present an effective case in family court"--

Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and "doing family"--living apart together (LAT)--in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics--women, gay men, and the elderly--and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.

"This book explores the role millennials will play--as faculty, administrators, or staff members--in shaping the future of legal education, and what the academy can do to embrace the millennial generation as colleagues, not students. Section I brings together chapters that focus on the culture of law schools, and the need to embrace a new, forward-thinking and innovative way of defining what law schools are and do and how we educate students. The chapters in Section II focus on relationships: the relationships millennials in the academy have with ourselves, our institutions, and the community. Section III includes chapters that detail how millennial leaders work in the classroom, how they use things like feedback and assessment to change the dynamic in the classroom and to innovate law school pedagogy to educate well-rounded lawyers. Section IV is an essential read for anyone who spends time thinking about the current legal economy and law schools roles in educating practice-ready lawyers. Finally, Section V includes chapters on change. Legal education has no choice but to evolve, and these authors present ideas on how to embrace millennial ideology to do just that. This book can be used to understand, guide, engage, mentor, and work with millennials to shape the next generation of excellent law school leaders"--Provided by the publisher.

More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution--written in 1787 and made effective in 1789--and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions--all leading scholars of constitutionalism--show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.

Law practice is a business. Like every other industry, it is affected by improvements in technology and general changes in society. If you plan to practice law in the next ten to 40 years, you must be prepared to adapt to the changing landscape while meeting your ethical obligations. Braving evolution and working to adapt within a staid profession can be frightening, but it is also exciting. With guidelines on topics from ethics to office management, changes in payment technologies, managing client expectations, and gaining competence in new practice areas, this book will prepare you to stare down any fears and prepare you for lawyering in today's world and in tomorrow's.

On a sweltering August night in 1876, Methodist minister William England, his wife, Selena, and two of her children were brutally slaughtered in their North Texas home. Acting on Selena's deathbed testimony, a neighbor, his brother-in-law, and a friend were arrested and tried for the murders. Murder in Montague tells the story of this gruesome crime and its murky aftermath. In this engrossing blend of true crime reporting, social drama, and legal history, author Glen Sample Ely presents a vivid snapshot of frontier justice and retribution in Texas following the Civil War. The sheer brutality of the Montague murders terrified settlers already traumatized by decades of chaos, violence, and fear--from the deadly raids of Comanche and Kiowa Indians to the terrors of vigilantes, lynchings, and Reconstruction lawlessness. But the crime's aftermath--involving five Texas governors, five trials at Montague and Gainesville, five appeals to the Texas Court of Appeals, and three life sentences at hard labor in the state's abominable and inhumane prison system--offered little in the way of reassurance or resolution. Viewed from any perspective, the 1876 England family murders were both a human tragedy and a miscarriage of justice. Combining the long view of history and the intimate detail of true crime reporting, Murder in Montague deftly captures this moment of reckoning in the story of Texas, as vigilante justice grudgingly gave way to an established system of law and order.  

Written by a group of the nation's leading constitutional scholars, a deeply informed, thoughtful, and often surprising examination of who has First Amendment rights to disclose, to obtain, or to publish classified information relating to the national security of the United States. One of the most vexing and perennial questions facing any democracy is how to balance the government's legitimate need to conduct its operations-especially those related to protecting the national security-in secret, with the public's right and responsibility to know what its government is doing. There is no easy answer to this issue, and different nations embrace different solutions. In the United States, at the constitutional level, the answer begins exactly half a century ago with the Supreme Court's landmark 1971 decision in the Pentagon Papers case. The final decision, though, left many important questions unresolved. Moreover, the issue of leaks and secrecy has cropped up repeatedly since, most recently in the Edward Snowden and Chelsea Manning cases. In National Security, Leaks and Freedom of the Press , two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars-including John Brennan, Eric Holder, Cass R. Sunstein, and Michael Morell, among many others-to delve into important dimensions of the current system, to explain how we should think about them, and to offer as many solutions as possible.

Since the collapse of the housing market in 2008, demand for housing has consistently outpaced supply in many US communities. The failure to construct sufficient housing - especially affordable housing - in desirable communities and neighborhoods comes with significant social, economic, and environmental costs. This book examines how local participatory land use institutions amplify the power of entrenched interests and privileged homeowners. The book draws on sweeping data to examine the dominance of land use politics by 'neighborhood defenders' - individuals who oppose new housing projects far more strongly than their broader communities and who are likely to be privileged on a variety of dimensions. Neighborhood defenders participate disproportionately and take advantage of land use regulations to restrict the construction of multifamily housing. The result is diminished housing stock and higher housing costs, with participatory institutions perversely reproducing inequality.

In a time of great national division, a time of threats of resistance and counterthreats of suppression, a controversial president takes drastic measures to rein in his critics, citing national interest, national security, and his obligations as chief executive. If this seems familiar in our current moment of intense political agitation, that is all the more reason to attend to Thomas Mackey's gripping, learned, and eminently readable account of the Civil War-era case of Clement L. Vallandigham, an Ohio congressman arrested for campaigning against the war and President Lincoln's policies. In Mackey's telling, the story of this prominent "Copperhead," or Southern sympathizer, illuminates the problem of internal security, loyalty, and disloyalty faced by the Lincoln administration during wartime--and, more generally, the problem of determining the balance between executive power and tyranny, and between dissent and treason. Opposing Lincoln explores Vallandigham's opposition not only to Lincoln and his administration but also to Lincoln's use of force and his executive orders suspending habeas corpus. In addition to tracing Vallandigham's experiences of being arrested, tried, convicted by military commission instead of civilian courts, and then banished from the United States, this historical narrative introduces readers to Lincoln's most important statements on presidential powers in wartime, while also providing a primer on the wealth of detail involved in such legal and military controversies. Examining the long-standing issue of the limits of political dissent in wartime, the book asks the critical historical question of what reasonable lengths a legitimate government can go to in order to protect itself and its citizens from threats, whether external or internal. The case of Clement Vallandigham is, Mackey suggests, a quintessentially American story. Testing the limits of dissent in a political democracy in wartime, and of the scope and power of constitutional government, it clarifies a critical aspect of the American experience from afar.

This Handbook gives voice to many of the key scholars in international arbitration, and some of its leading practitioners, to present and discuss cutting-edge knowledge in the area. It reflects the different "languages" used in the field, and offers the reader a one-stop-shop entry into the subject, and the ways in which international arbitration is discussed today. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.

The first wave of trailblazing female law professors and the stage they set for American democracy. When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg's name speaks volumes for itself--but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg's closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues.   Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women's voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the "second wave" of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.

For most of the twentieth century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. In Perfecting the Union, Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean, and to defuse inter-state tension within the union. By replacing the defunct Articles of Confederation, the Constitution profoundly transformed the structure of the American union by making the national government more effective. But it did not transform the fundamental purpose of the union, which remained a political organization designed to manage inter-state and international relations. And in contrast to what many scholars claim, it was never meant to eclipse the state governments. The Constitution created a national government but did not significantly extend its remit. The result was a dual structure of government, in which the federal government and the states were both essential to the people's welfare. Getting the story about the Constitution straight matters, Edling claims, because it makes possible a broader assessment of the American founding as both a transformative event, aiming at territorial and economic expansion, and as a conservative event, aiming at the preservation of key elements of the colonial socio-political order.

Federal prosecutors have immense power and discretion to decide when to bring criminal charges, what plea bargains to offer, and how to implement the federal government's legal priorities in their districts. While U.S. Attorneys take pains to emphasize their independence, we know relatively little about the extent to which politics colors federal prosecutorial staffing and decision making. The Politics of Federal Prosecution draws upon a wealth of data from 1990s to the present to examine the interplay of political factors and federal prosecution. First, the authors find that congressional and presidential politics affect who becomes federal prosecutors and how long those individuals serve. Second, the book demonstrates that signals of presidential and congressional preferences, along with local priorities, affect key prosecutorial decisions: whether to bring prosecutions, how to approach plea bargaining negotiations, and when to utilize criminal asset forfeiture to cripple criminal activities. In short, the book demonstrates that politics affects the behavior of U.S. Attorneys at nearly every stage of their service.

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.

"The primary goal of this book is to expose lawyers and law students to some of the key insights offered by the field of psychology and to illustrate the ways in which understanding these insights can improve the practice of law"--

Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy is a re-imagining of the plantation not as Black and White, but in shades of White male identity. Through an examination of employment contracts between plantation owners and their overseers, and the web of public and private law that surrounded them, this book challenges notions of a monolithic White male identity in the antebellum South. It considers how race provided White men access to the land and enslaved labor that were foundational to the plantation economy, but how the wealthiest of those men used contracts, public law, and plantation management schemes to limit the access points by which overseers, the first managerial class in the United States, could achieve upward mobility as both White people and as men. In navigating the legal and social parameters of their employment contracts, overseers negotiated a white masculinity that formed their managerial identity. This managerial identity carried the imprint of white supremacy necessary to preserve inequities on the plantation, and perhaps in our modern workplaces as well.

Real trials and courtroom movies are made for each other. Lawyers are storytellers, courtrooms are theaters, and the trial process provides drama, surprise, suspense or comedy. This book will serve as a video guide to help you identify the courtroom movies you'd like to see. It ranks each of the films on a one- to four- gavel system, with four gavels for the classics. And it answers the questions you'll be asking as you see the films. Where does truth end and trickery begin? Can lawyers really pull rabbits out of hats with unexpected courtroom stunts? Did the trial process reveal the truth-or conceal it? How well do reel trials reflect real events? These are just some of the topics you'll encounter as the authors analyze over 200 courtroom movies, including such classics as To Kill a Mockingbird, My Cousin Vinny, 12 Angry Men, and The Trial of the Chicago 7. An index at the back of the book lists all of the films reviewed in the book. The book celebrates the courtroom genre that has intrigued viewers around the world. The authors will entertain and educate you on a fascinating journey through nine decades of reel law, lawyers and justice.

An engaging and enlightening account of taxation told through lively, dramatic, and sometimes ludicrous stories drawn from around the world and across the ages Governments have always struggled to tax in ways that are effective and tolerably fair. Sometimes they fail grotesquely, as when, in 1898, the British ignited a rebellion in Sierra Leone by imposing a tax on huts--and, in repressing it, ended up burning the very huts they intended to tax. Sometimes they succeed astonishingly, as when, in eighteenth-century Britain, a cut in the tax on tea massively increased revenue. In this entertaining book, two leading authorities on taxation, Michael Keen and Joel Slemrod, provide a fascinating and informative tour through these and many other episodes in tax history, both preposterous and dramatic--from the plundering described by Herodotus and an Incan tax payable in lice to the (misremembered) Boston Tea Party and the scandals of the Panama Papers. Along the way, readers meet a colorful cast of tax rascals, and even a few tax heroes. While it is hard to fathom the inspiration behind such taxes as one on ships that tended to make them sink, Keen and Slemrod show that yesterday's tax systems have more in common with ours than we may think. Georgian England's window tax now seems quaint, but was an ingenious way of judging wealth unobtrusively. And Tsar Peter the Great's tax on beards aimed to induce the nobility to shave, much like today's carbon taxes aim to slow global warming. Rebellion, Rascals, and Revenue is a surprising and one-of-a-kind account of how history illuminates the perennial challenges and timeless principles of taxation--and how the past holds clues to solving the tax problems of today.

This book analytically reviews the impact of the global anti-money laundering and counter-terrorist financing (AML/CFT) framework on the compliance trajectory of a number of jurisdictions to this framework. The work begins by examining the international financial sector reform and its evolution to inculcate the global framework for AML/CFT regulations. It challenges the resulting uniform AML/CFT due to its paradoxical impact on the compliance trajectory of African countries and emerging economies (ACs/EEs). This is done through an examination of the pre-conditions for effective regulation and compliance drivers for ACs/EEs that reveals the behavioural impact of the AML/CFT standards on the bloc of countries. Through the application of agency theory, it explores the relationship between ACs/EEs on the one hand and the international financial institutions that formulate, disseminate and facilitate compliance with the global framework for AML/CFT standards on the other. The remaining chapters review empirically the compliance pressures and resulting compliance trajectory of ACs/EEs with the AML/CFT standards. The final part of the book provides a detailed explanation of the compliance challenges of ACs/EEs and the legitimacy concerns that facilitate this. This book offers a new direction on the impact of global AML/CFT standards on ACs/EEs and contributes to the understanding of the conditions under which the global standards are likely to facilitate proactive compliance within these blocs of countries. As such it will be a valuable resource for academics, researchers and policy-makers working in this area.

Sooner or later it will happen ... The landlord ignores your repair requests. Your roommates are once again late with their share of the rent. Your upstairs neighbors party all the time. The landlord won't return your security deposit. How can you deal with these problems--and others--or prevent them from happening at all? Turn to Renters' Rights if you need to: ·break a lease and leave early ·sublet your apartment ·deal with unwelcome landlord intrusions ·resolve a dispute with your roommate ·get your landlord to make repairs ·collect your full security deposit when you move out ·fight discrimination or retaliation, and ·put your best foot forward when applying for a rental. This 10th edition is completely updated to reflect changes to state laws. It also includes more details on rent control and COVID-19-related advice for renters.

A radical case for the repeal of the 2nd Amendment as the only way to control gun violence in America There's an average of one mass shooting per day in the United States. Given the ineffectiveness of the gun control lobby, it's time for a strategy with spine. In Repeal the Second Amendment, Allan J. Lichtman has written the first book that uses history, legal theory and up-to-the-minute data to make a compelling case for the amendment's repeal in order to create a clear road to sensible gun control in the US. Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA's blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll. He probes court decisions and the effective lobbying and public relations strategies of the gun lobby as well as the ineffectiveness of the gun control movement for lessons in doing better. What emerges is a clear and cogent plan--repeal and replace the Second Amendment without taking guns away from anyone who has them now--to make the US a safer place. It's time to Repeal the Second Amendment, and Allan Lichtman is the man to bring this radical plan to America.

"This book is a deep dive into the world of divorce and the federal employee (current, former, or retiree) or spouse"--

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR. Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and sociolegal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.

Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

The US Supreme Court is the chief institution responsible for guarding minority rights and equality under the law, yet, in order to function authoritatively, the Court depends on a majority of Americans to accept its legitimacy and on policymakers to enforce its rulings. The Rights Paradox confronts this tension, offering a careful conceptualization and theory of judicial legitimacy that emphasizes its connection to social groups. Zilis demonstrates that attitudes toward minorities and other groups are pivotal for shaping popular support for the Court, with the Court losing support when it rules in favor of unpopular groups. Moreover, justices are aware of these dynamics and strategically moderate their decisions when concerned about the Court's legitimacy. Drawing on survey and experimental evidence, as well as analysis of Court decision-making across many recent high-profile cases, Zilis examines the implications for 'equal justice under the law' in an era of heightened polarization and conflict.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of our politics turns. With that in mind, N. E. H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case. As with the first two editions, this book details the case's historical background; highlights Roe v. Wade's core issues, essential personalities, and key precedents; tracks the case's path through the courts; clarifies the jurisprudence behind the Court's ruling in Roe; assesses the impact of the presidential elections of George W. Bush and Barack Obama along with the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges the case's impact on American society and subsequent challenges to it in Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This third updated edition also adds two completely new chapters covering abortion politics and legal battles in Obama's second term and Donald J. Trump's first term. The new material covers two important cases in detail: Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020). The cases dealt with state laws--Texas and Louisiana, respectively--designed to limit access to abortion by requiring doctors performing abortions to have admission privileges at a state-authorized hospital within thirty miles of the abortion clinic. In both cases the Court ruled the laws unconstitutional, thus handing abortion rights' activists key victories in the face of an increasingly conservative Court. The new chapters also cover the confirmations of Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated political environment surrounding the Court in the age of Trump.

From the New York Times bestselling author of White Rage, an unflinching, critical new look at the Second Amendment--and how it has been engineered to deny the rights of African Americans since its inception. In The Second, historian and award-winning, bestselling author of White Rage Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a "pro-gun" nor an "anti-gun" book; the lens is the citizenship rights and human rights of African Americans. From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless--revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished. Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of--not a bug in--the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.  

In The Supreme Court, Lawrence Baum provides a brief yet comprehensive introduction to the U.S. Supreme Court, one that is balanced and illuminating. In successive chapters, the book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court′s agenda; the decision-making process and the factors that shape the Court′s decisions; the substance of the Court′s policies; and the Court′s impact on government and American society. Describing the Court′s personalities and procedures, and delving deeply to explain the actions of the Court and the behavior of justices, Baum shows students the Court′s complexity and reach. Tables and figures, plus a lively photo program, make this one of the most engaging books available. It is simply the standard.

The real-world initiatives and straightforward advice in this collection will embolden technical services managers and administrators to demonstrate the value of their work to stakeholders throughout their organization. Technical Services isn't the hidden discipline it once was. Even so, despite all the cross-departmental interaction, misconceptions about the work are all too common. It's incumbent on technical services staff to take a proactive approach by communicating to others their value to the library and institutional mission. Spotlighting several successful initiatives, this collection will give you the guidance to bolster communication within departments, across the library, and campus-wide. You'll learn about applying the 7 principles of communities of practice to break down silos; software such as Trello, Basecamp, and Confluence that can improve communications workflows; ticketing systems and training to help frontline staff solve e-resource access problems; engaging faculty in collection decisions using a mix of communication channels; how informational classes on metadata can improve the work of staff across the library; supporting research data management through metadata outreach; using focus groups to develop shared expectations with subject librarians; 4 narrative strategies to market library resources; using infographics as a dynamic way to illustrate progress in a collection management program; developing an external communication plan for a library de-selection project; using portfolio management to collaboratively implement new services; and planning a cross-departmental retreat.

Deregulating the legal profession will benefit society by improving access to legal services and the efficacy of public policies. Lawyers dominate a judicial system that has come under fire for limiting access to its services to primarily the most affluent members of society. Lawyers also have a pervasive influence throughout other parts of government. This is the first book offering a critical comprehensive overview of the legal profession's role in failing to serve the majority of the public and in contributing to the formation of inefficient public policies that reduce public welfare. In Trouble at the Bar, the authors use an economic approach to provide empirical support for legal reformers who are concerned about their own profession. The authors highlight the adverse effects of the legal profession's self-regulation, which raises the cost of legal education, decreases the supply of lawyers, and limits the public's access to justice to the point where, in general, only certified lawyers can execute even simple contracts. At the same time, barriers to entry that limit competition create a closed environment that inhibits valid approaches to analyzing and solving legal problems that are at the heart of effective public policy. Deregulating the legal profession, the authors argue, would allow more people to provide a variety of legal services without jeopardizing their quality, reduce the cost of those services, spur competition and innovation in the private sector, and increase the quality of lawyers who pursue careers in the public sector. Legal practitioners would enjoy more fulfilling careers, and society in general and its most vulnerable members in particular would benefit greatly.

'Turkey's Water Diplomacy' delineates the institutional and legal foundations of transboundary water policy-making in Turkey, paying special attention to the evolution of transboundary water politics in the Euphrates-Tigris river basin. The book also analyses how Turkey's harmonization with the European Union has impacted the transboundary water policy discourses and practices, and how these changes have been reflected in its relations with its Middle Eastern neighbours. Turkey was one of the three countries that rejected the UN Watercourses Convention in 1997. Yet, since the voting of the convention there have been changes in Turkey's stance vis-à- vis international water law, which the book studies. Turkey's water diplomacy embodies complex water management problems, which can be best understood as a product of competition, feedback and interconnection among natural and societal variables in a political context. Hence, the book adopts the Water Diplomacy Framework with its key elements in making policy-relevant recommendations specifically for Turkey's water diplomacy.

A Times Literary Supplement's Book of the Year 2020 A New Statesman's Best Book of 2020 A Bloomberg's Best Book of 2020 A Guardian Best Book About Ideas of 2020 The world-renowned philosopher and author of the bestselling Justice explores the central question of our time: What has become of the common good? These are dangerous times for democracy. We live in an age of winners and losers, where the odds are stacked in favor of the already fortunate. Stalled social mobility and entrenched inequality give the lie to the American credo that "you can make it if you try". The consequence is a brew of anger and frustration that has fueled populist protest and extreme polarization, and led to deep distrust of both government and our fellow citizens--leaving us morally unprepared to face the profound challenges of our time. World-renowned philosopher Michael J. Sandel argues that to overcome the crises that are upending our world, we must rethink the attitudes toward success and failure that have accompanied globalization and rising inequality. Sandel shows the hubris a meritocracy generates among the winners and the harsh judgement it imposes on those left behind, and traces the dire consequences across a wide swath of American life. He offers an alternative way of thinking about success--more attentive to the role of luck in human affairs, more conducive to an ethic of humility and solidarity, and more affirming of the dignity of work. The Tyranny of Merit points us toward a hopeful vision of a new politics of the common good.

"I have an Article II," Donald Trump has announced, citing the US Constitution, "where I have the right to do whatever I want as president." Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of "the unitary executive theory." This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president's executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers--of checks and balances--that honor the Constitution and support the republican government its framers envisioned. A much-needed primer on presidential power, from the nation's founding through Donald Trump's impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.

From the author of Bowling Alone and Our Kids, a "sweeping yet remarkably accessible" (The Wall Street Journal) analysis that "offers superb, often counterintuitive insights" (The New York Times) to demonstrate how we have gone from an individualistic "I" society to a more communitarian "We" society and then back again, and how we can learn from that experience to become a stronger, more unified nation. Deep and accelerating inequality; unprecedented political polarization; vitriolic public discourse; a fraying social fabric; public and private narcissism--Americans today seem to agree on only one thing: This is the worst of times. But we've been here before. During the Gilded Age of the late 1800s, America was highly individualistic, starkly unequal, fiercely polarized, and deeply fragmented, just as it is today. However as the twentieth century opened, America became--slowly, unevenly, but steadily--more egalitarian, more cooperative, more generous; a society on the upswing, more focused on our responsibilities to one another and less focused on our narrower self-interest. Sometime during the 1960s, however, these trends reversed, leaving us in today's disarray. In a sweeping overview of more than a century of history, drawing on his inimitable combination of statistical analysis and storytelling, Robert Putnam analyzes a remarkable confluence of trends that brought us from an "I" society to a "We" society and then back again. He draws inspiring lessons for our time from an earlier era, when a dedicated group of reformers righted the ship, putting us on a path to becoming a society once again based on community. Engaging, revelatory, and timely, this is Putnam's most ambitious work yet, a fitting capstone to a brilliant career.

Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers. The War Lawyers examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. Drawing on interviews with military lawyers and others, this book explains why some lawyers became integrated in the chain of command whereby military targets are identified and attacked, whether by manned aircraft, drones, and/or ground forces, and with what results. This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood. Jones argues that circulations of law and policy between the US and Israel have bolstered targeting practices considered legally questionable, contending that the involvement of war lawyers in targeting operations enables, legitimises, and sometimes even extends military violence.

Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what's at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women's constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? A leading legal scholar tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant victories by women lawyers like Ruth Bader Ginsburg, the achievements of gender equality have fallen short, especially for working mothers and women of color. Julie Suk excavates the ERA's past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women's March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the forgotten mothers of all our children have transformed our living Constitution for the better.

#1 NEW YORK TIMES BEST SELLER * From celebrated national leader and bestselling author Stacey Abrams, a gripping thriller set within the halls of the U.S. Supreme Court--where a young law clerk finds herself embroiled in a shocking mystery plotted by one of the most preeminent judges in America. "Abrams follows in Dan Brown's footprint with this masterfully plotted thriller that unfolds like the ultimate chess match--bold move to bolder move with lives hanging in the balance."--Lisa Gardner, author of Before She Disappeared "A first-class legal thriller, favorably compared to many of the best, starting with The Pelican Brief, which it brings to mind. It's fast-paced and full of surprises--a terrific read."--Scott Turow, author of Presumed Innocent Avery Keene, a brilliant young law clerk for the legendary Justice Howard Wynn, is doing her best to hold her life together--excelling in an arduous job with the court while also dealing with a troubled family. When the shocking news breaks that Justice Wynn--the cantankerous swing vote on many current high-profile cases--has slipped into a coma, Avery's life turns upside down. She is immediately notified that Justice Wynn has left instructions for her to serve as his legal guardian and power of attorney. Plunged into an explosive role she never anticipated, Avery finds that Justice Wynn had been secretly researching one of the most controversial cases before the court--a proposed merger between an American biotech company and an Indian genetics firm, which promises to unleash breathtaking results in the medical field. She also discovers that Wynn suspected a dangerously related conspiracy that infiltrates the highest power corridors of Washington.   As political wrangling ensues in Washington to potentially replace the ailing judge whose life and survival Avery controls, she begins to unravel a carefully constructed, chesslike sequence of clues left behind by Wynn. She comes to see that Wynn had a much more personal stake in the controversial case and realizes his complex puzzle will lead her directly into harm's way in order to find the truth. While Justice Sleeps is a cunningly crafted, sophisticated novel, layered with myriad twists and a vibrant cast of characters. Drawing on her astute inside knowledge of the court and political landscape, Stacey Abrams shows herself to be not only a force for good in politics and voter fairness but also a major new talent in suspense fiction.

"The book is a collection of tips from real women rainmakers"--

The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.   Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.

In Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense type associated with confirmed wrongful convictions in the US. Johnson outlines the differential risk of wrongful conviction associated with stranger rape, acquaintance rape, and intra-familial child sexual abuse. He also introduces new terms and concepts such as "black box" investigation, illustrating the lack of transparency in the production of prosecution evidence; a four-part stranger rape thesis; and the "moral outrage - moral correction" process that results in cognitive and emotional factors that interfere with the evaluation of criminal evidence. The book also includes chapters on racial bias in rape prosecution, and the relationship of serial sex offending to wrongful conviction. Citing both foundational and newly-introduced conviction research, Johnson illustrates unexamined aspects of well-known wrongful conviction cases (i.e. The Central Park Five, Steve Avery, Ronald Cotton, The Norfolk Four) and presents the lessons from lesser known wrongful convictions. Wrongful Conviction in Sexual Assault provides valuable new perspectives and insight for psychologists, defense lawyers, prosecutors, crime investigators, and social justice scholars.

Citizenship is invaluable, yet our status as citizens is always at risk - even for those of us born on US soil. From emancipated slaves through the US-born children of undocumented immigrants in the 21st century, citizenship stripping is an important history previously neglected. In You Are Not American, writer, law professor and historian Amanda Frost tells little known stories of how our government has systematically expatriated people for its own benefit. Harriet Scott, wife of Dred, needed to be denied citizenship to profit white men; children of Chinese immigrants needed to be denied to keep them out; today, in "Operation Janus," the Trump administration has created a mass denaturalization campaign, for naturalized citizens and even people born on US soil. Through nine powerful chapters of our history, Frost explores how the concept of citizenship and the rights of citizens has evolved, and especially how it has been challenged. We come to know remarkable figures who have fought to stay Americans, and sometimes lost. At its heart, the book grapples with what it means to be American, and with ideas of membership, identity, belonging, and exclusion--issues that continue to occupy, and divide, Americans today. Drawing on the narratives of those who have struggled to be treated as full members of "We the People," Frost exposes a hidden history that reaches forward to the present moment, when Americans are being unmade anew.