New Books: April 2023

Plenty of people talk about technology changing the practice of law but what does it all mean for a lawyer's everyday skills? The answers lie in Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer. This book is the first student-centered coursebook of its kind. It is a comprehensive instructional source combining background explanation of changes to the legal industry with practical guidance on topics such as electronically stored information, document proficiency, advanced research analytics, cybersecurity, automation, client-centered law practice management technology, and remote lawyering. Geared toward readers at the early stage of their careers, Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer supplies concrete checklists, hands on exercises, multiple choice questions set within real-world scenarios, tips, screenshots, ethics guidance, and insight from technology experts. O'Leary breaks down topics that can be intimidating in simple fashion with an accessible tone for any law student or lawyer interested in maintaining a relevant legal skill set in today's modern world.

Author Debra M. Strauss, J.D. explains all aspects of clerkships in this newly revised edition. The book provides updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out. Behind the Bench: The Guide to Judicial Clerkships, Third Edition is filled with nuts and bolts advice on all elements of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features an exclusive section on how to prepare for your clerkship. The third edition adds current developments such as remote interviews and the virtual clerkship experience; recent data on women and minorities in clerkships; new Supreme Court feeder judges along with statistical analysis on the trends; and extra resources for further reading. As an entrée into the world of the courts, this is an indispensable handbook for every law student, lawyer, judge, and potential judicial clerk! A must-have resource for colleges, law schools, courthouses, and legal organizations!

This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU's external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women's participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.

In 2003 the US Supreme Court overturned anti-sodomy laws across the country, ruling in Lawrence v. Texas that the Constitution protects private consensual sex between adults. To some, the decision seemed to come like lightning from above, altering the landscape of America's sexual politics all at once. In actuality, many years of work and organizing led up to the legal case, and the landmark ruling might never have happened were it not for the passionate struggle of Texans who rejected their state's discriminatory laws. Before Lawrence v. Texas tells the story of the long, troubled, and ultimately hopeful road to constitutional change. Wesley G. Phelps describes the achievements, setbacks, and unlikely alliances along the way. Over the course of decades, and at great risk to themselves, gay and lesbian Texans and their supporters launched political campaigns and legal challenges, laying the groundwork for Lawrence. Phelps shares the personal experiences of the people and couples who contributed to the legal strategy that ultimately overturned the state's discriminatory law. Even when their individual court cases were unsuccessful, justice seekers and activists collectively influenced public opinion by insisting that their voices be heard. Nine Supreme Court justices ruled, but it was grassroots politics that vindicated the ideal of equality under the law.

Winner of the Political Geography Specialty Group's 2015 Julian Minghi Distinguished Book Award! With almost the entire world's water basins crossing political borders of some kind, understanding how to cooperate with one's neighbor is of global relevance. For Indigenous communities, whose traditional homelands may predate and challenge the current borders, and whose relationship to water sources are linked to the protection of traditional lifeways (or 'ways of life'), transboundary water governance is deeply political. This book explores the nuances of transboundary water governance through an in-depth examination of the Canada-US border, with an emphasis on the leadership of Indigenous actors (First Nations and Native Americans). The inclusion of this "third sovereign" in the discussion of Canada-U.S. relations provides an important avenue to challenge borders as fixed, both in terms of natural resource governance and citizenship, and highlights the role of non-state actors in charting new territory in water governance. The volume widens the conversation to provide a rich analysis of the cultural politics of transboundary water governance. In this context, the book explores the issue of what makes a good up-stream neighbor and analyzes the rescaling of transboundary water governance. Through narrative, the book explores how these governance mechanisms are linked to wider issues of environmental justice, decolonization, and self-determination. To highlight the changing patterns of water governance, it focuses on six case studies that grapple with transboundary water issues at different scales and with different constructions of border politics, from the Pacific coastline to the Great Lakes.

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. Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry's origins help us understand its present shape, and how insurance connects to major public policy issues that will shape the world for future generations. Key Features: Introduces the fundamental rules and principles of insurance law Explores how these rules and principles intersect with important issues of public policy Discusses how insurance law shapes public choices in the modern world Examines the interactions between insurers and the people who purchase their products Proposes avenues for further research relating to fortuity, indemnity, misrepresentation and breach of warranty, settlement obligations, and risk classification Providing an enlightening overview of insurance law in context, this Advanced Introduction will be crucial reading for students, scholars, and practitioners in business law, insurance law, and risk management.

This book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company's status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms.The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activityThis book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind's greatest inventions'.

How to use the Design Thinking Tools A practical guide to make innovation happen The Design Thinking Toolbox explains the most important tools and methods to put Design Thinking into action. Based on the largest international survey on the use of design thinking, the most popular methods are described in four pages each by an expert from the global Design Thinking community. If you are involved in innovation, leadership, or design, these are tools you need. Simple instructions, expert tips, templates, and images help you implement each tool or method. Quickly and comprehensively familiarize yourself with the best design thinking tools Select the appropriate warm-ups, tools, and methods Explore new avenues of thinking Plan the agenda for different design thinking workshops Get practical application tips The Design Thinking Toolbox help innovators master the early stages of the innovation process. It's the perfect complement to the international bestseller The Design Thinking Playbook.

A tale of Nazi lives, mass murder, love, Cold War espionage, a mysterious death in the Vatican, and the Nazi escape route to Perón's Argentina,"the Ratline"--from the author of the internationally acclaimed, award-winning East West Street. "Hypnotic, shocking, and unputdownable." --John le Carré, internationally renowned bestselling author Baron Otto von Wächter, Austrian lawyer, husband, father, high Nazi official, senior SS officer, former governor of Galicia during the war, creator and overseer of the Krakow ghetto, indicted after as a war criminal for the mass murder of more than 100,000 Poles, hunted by the Soviets, the Americans, the British, by Simon Wiesenthal, on the run for three years, from 1945 to 1948 . . . Philippe Sands pieces together, in riveting detail, Wächter's extraordinary, shocking story. Given full access to the Wächter family archives--journals, diaries, tapes, and more--and with the assistance of the Wächters' son Horst, who believes his father to have been a "good man," Sands writes of Wächter's rise through the Nazi high command, his "blissful" marriage and family life as their world was brought to ruin, and his four-year flight to escape justice--to the Tirol, to Rome, and the Vatican; given a new identity, on his way to a new life via "the Ratline" to Perón's Argentina, the escape route taken by Eichmann, Mengele, and thousands of other Nazis. Wächter's escape was cut short by his mysterious, shocking death in Rome, in the midst of the burgeoning Cold War (was he being recruited in postwar Italy by the Americans and the U.S. Army Counter Intelligence Corps or by the Soviet NKVD or by both; or was he poisoned by one side or the other, as his son believes--or by both?) . . . An extraordinary discovery, told up-close through access to a trove of family correspondence between Wächter and his wife--part historical detective story, part love story, part family memoir, part Cold War espionage thriller. "Breathtaking, gripping, shattering." --Elif Shafak

From the creator of HBO's The Wire, the classic book about homicide investigation that became the basis for the hit television show The scene is Baltimore. Twice every three days another citizen is shot, stabbed, or bludgeoned to death. At the center of this hurricane of crime is the city's homicide unit, a small brotherhood of hard men who fight for whatever justice is possible in a deadly world. David Simon was the first reporter ever to gain unlimited access to a homicide unit, and this electrifying book tells the true story of a year on the violent streets of an American city. The narrative follows Donald Worden, a veteran investigator; Harry Edgerton, a black detective in a mostly white unit; and Tom Pellegrini, an earnest rookie who takes on the year's most difficult case, the brutal rape and murder of an eleven-year-old girl. Originally published fifteen years ago, Homicide became the basis for the acclaimed television show of the same name. This new edition--which includes a new introduction, an afterword, and photographs--revives this classic, riveting tale about the men who work on the dark side of the American experience.

2020 marked the 40th anniversary of the CISG which now has over 90 Contracting States, with Hong Kong formally adopted the Convention in 2022, and further States are currently considering their accession to the Convention. Even more importantly, significantly more international case law applying the CISG has become available since the last edition in 2016. This timely new edition considers these new cases and other important developments and literature, continuing to provide the meticulous detail and authority of analysis of previous editions. Some of the article-by-article chapters have been completely rewritten. The fifth edition furthermore includes two new thematic chapters enabling coverage of topical subjects in a holistic way with reference to the various CISG articles they concern. In recent practice, contracts have started to emerge that concern the sale of data, raising numerous issues concerning the applicability of the CISG. The new CISG and Data Trading chapter addresses these questions, making this Commentary the first to cover "digital" trade under the CISG. The new chapter INCOTERMS and the CISG provides easily accessible overviews of all INCOTERMs 2020 and the interactions between contractual CIF, FOB and other INCOTERM clauses and the CISG's provisions in case the Convention applies (as often in practice) as underlying sales law rules. Since the publication of the first edition in 1998, the Commentary has become an invaluable source for the comprehension and discussion of the Convention, frequently cited by legal writers, tribunals, and courts all over the world. Written by an international team of contributors, this book provides expert analysis, and combines judicial and scholarly views from numerous jurisdictions. This is the most comprehensive and authoritative commentary on the CISG, and an invaluable resource for scholars and practitioners alike.

This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.

The freedom to think what you want and to say what you think has always generated a pushback of regulation and censorship. This raises the thorny question: to what extent does free speech actually endanger speech protection? This book examines today's calls for speech legislation and places it into historical perspective, using fascinating examples from the past 200 years, to explain the historical context of laws regulating speech. Over time, the freedom to speak has grown, the ways in which we communicate have evolved due to technology, and our ideas about speech protection have been challenged as a result. Now more than ever, we are living in a free speech paradox: powerful speakers weaponize their rights in order to silence those less-powerful speakers who oppose them. By understanding how this situation has developed, we can stand up to these threats to the freedom of speech.

Brazil and Transnational Human Rights Movement, 1964-1985 explores how solidarity for Brazil contributed to the global human rights movement of the 1970s. Through protests, petitions, posters, and numerous other cultural, artistic, and media-based campaigns, solidarity for Brazil popularised the language of human rights and prompted the international community to join the fight against the country's military regime. But solidarity for Brazil also reframed the debate on human rights itself, stretching the concept beyond mainstream interpretations that emphasised the violation of 'basic' individual rights, such as the use of torture and political imprisonment, to also incorporate social and economic rights, inequality, indigenous minorities, and the human rights responsibilities of multinational companies and development projects. Crucial to this process were multiple networks of exiles, catholic activists, journalists, and academics between Brazil and Western Europe, who drew from the Latin American experience to challenge mainstream narratives of human rights from below.

This book provides a novel contribution to the wider bodies of literature on student and academic wellbeing by including a series of rich and nuanced discussions of specific aspects of the wellbeing of legal academics. It contains original research contributions on this topic drawing on insights from law, education and psychology and throws a spotlight on an emerging field of interest. In particular, it focuses attention on the need to understand the implications of workload, communication, competence, and community for academic wellbeing with the collection providing insight as to the amelioration of stress linked to these themes. Reference will be made to the key factors which influence each of these themes, such as the neo-liberal academy, the contours and staffing of the law school, the impact of COVID-19 and the role of values and ethics. Relevant theoretical perspectives relating to these themes, including self-determination theory and the notion of an ethic of care, will also be discussed.

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

Bridging Revolutions examines the lives of North Carolina chief justice Richmond Pearson (1805-1878) and South Carolina chief justice John Belton O'Neall (1793-1863) and their impact on the South's transition from a slave to a free society. Joseph A. Ranney documents how the two judges fought to preserve the Union and protect basic civil rights for both white and Black southerners before and after the Civil War. Pearson's and O'Neall's lives were marked by contrarianism and controversy. Prior to the Civil War, they took important steps to soften slave law during times marked by calls for more discipline and control of slaves. O'Neall, a committed Unionist, resisted his state's nullification movement during the 1830s and put an end to that movement with a crucial 1834 decision. Pearson was the only southern supreme court justice whose service spanned the antebellum, Civil War, and Reconstruction eras. During the Civil War, he stoutly defended North Carolinians' civil rights against incursions by the central Confederate government. After the war, he urged the South to accept "the world as it is" rather than oppose civil rights for freed slaves, and he did more than any other southern judge to protect those rights and to reshape southern state law. Examined in conjunction, the two judges' colorful public and private lives illuminate the complex relationship between southern law and culture during times of deep crisis and change.

Arguably the most brutal crime committed by the Japanese military during the Asia-Pacific war was the forced mobilization of 50,000 to 200,000 Asian women to military brothels to sexually serve Japanese soldiers. The majority of these women died, unable to survive the ordeal. Those survivors who came back home kept silent about their brutal experiences for about fifty years. In the late 1980s, the women's movement in South Korea helped start the redress movement for the victims, encouraging many survivors to come forward to tell what happened to them. With these testimonies, the redress movement gained strong support from the UN, the United States, and other Western countries.   Korean "Comfort Women" synthesizes the previous major findings about Japanese military sexual slavery and legal recommendations, and provides new findings about the issues "comfort women" faced for an English-language audience. It also examines the transnational redress movement, revealing that the Japanese government has tried to conceal the crime of sexual slavery and to resolve the women's human rights issue with diplomacy and economic power.

The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international cooperation and the international rule of law. The world faces threats of war, pandemics, growing domestic political discord, climate change, disruption of international trade and investment, immigration, and the pollution of cyberspace, just as international law increasingly falls short as a tool for managing these challenges. Prosperity dependent on meritocracy, open borders, international economic freedom, and a wide-open Internet has met its limits, with international law one of the first casualties. Any effective response to these threats must reflect the pathway by which these perils arrive. Part of the answer to these challenges, Paul B. Stephan argues, must include a re-conception of international law as arising out of pragmatic and limited experiments by states, rather than as grand projects to remake and redeem the world.

Resilience Through Writing: A Bibliographic Guide to Indigenous-Authored Publications in the Pacific Northwest before 1960 includes nearly 2,000 entries by over 700 individuals, 29% of them women, most of which were largely unknown. Coverage has been thorough, with writings from coastal and interior regions of Alaska, British Columbia, Washington, Idaho, Oregon, and northern California. Entries include newspaper letters to the editors, school compositions, speeches, legal statements, and articles in miscellaneous relatively obscure publications. These materials thus provide new perspectives on Native American/First Nations cultures in the Pacific Northwest. The potential value of this material to descendants; tribal members; tribal historians; and scholars of Indigenous literature, political science, and culture change is enormous. By producing this bibliography and allowing the Journal of Northwest Anthropology (JONA) to publish it in our Memoir series, Robert Walls has given those interested in Northwest Indigenous writings the roadmap to years of research.

The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law. The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.

This book explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. It looks in detail at the rich contradictions of the Puerto Rican constitutional experience, focusing on the history and content of the 1952 Constitution. This constitution is the only constitutional document written by the Puerto Rican People themselves after more than 500 years of Spanish and US colonialism. By exploring Puerto Rico's unique history and constitutional experience the book shines a spotlight on key emerging themes of comparative constitutional studies in this area: state constitutionalism, the persistence of colonial relationships in the Caribbean, and the continued development of constitutionalism in Latin America. The book delves deep into the particular experience of Puerto Rican constitutionalism which combines elements of colonialism, democratic tensions, and progressive policies. It explains how these features converge in a constitutional project that has endured for 70 years and continues its contradictory development. It considers issues such as the island's colonial history, including its conflicting relationship with democratic values and the constant presence of social movements and their struggles. It also explores the content of the 1952 Constitution, focusing on its progressive substantive policy, particularly its rights provisions, its amendment procedures, and the governmental structure it set up.

Nothing embodied Franklin D. Roosevelt's campaign to lastingly embed the New Deal in the major institutions of American government more than his effort to pack the Supreme Court. Vaulting Ambition, the inaugural volume in the Landmark Presidential Decisions series, presents a balanced assessment of FDR's 1937 effort to fundamentally change the highest court in the land. Unlike most work on the subject, Michael Nelson centers his study on the president's series of decisions to reform the Court, rather than on the Court's responses. At the heart of the book is an analytical narrative of FDR's crusade to expand the Court and pack it with those sympathetic to his cause. While keeping this story front and center, Vaulting Ambition also presents the Court-packing effort as part of FDR's larger campaign to shape the executive branch bureaucracy, Congress, the Supreme Court, and the Democratic Party all in service to enduringly entrench the New Deal into US government and politics. Although FDR never achieved the mastery over the entire federal government that he sought, his efforts to expand and transform the three branches of government and the Democratic Party were of great consequence and endured long beyond his tenure. Nelson offers a clear understanding of how FDR's campaign sheds essential light on today's raging controversy over changing the Supreme Court.

In Disappearing Rooms Michelle Castañeda lays bare the criminalization of race enacted every day in US immigration courts and detention centers. She uses a performance studies perspective to show how the theatrical concept of mise-en-scène offers new insights about immigration law and the absurdist dynamics of carceral space. Castañeda draws upon her experiences in immigration trials as an interpreter and courtroom companion to analyze the scenography--lighting, staging, framing, gesture, speech, and choreography--of specific rooms within the immigration enforcement system. Castañeda's ethnographies of proceedings in a "removal" office in New York City, a detention center courtroom in Texas, and an asylum office in the Northeast reveal the depersonalizing violence enacted in immigration law through its embodied, ritualistic, and affective components. She shows how the creative practices of detained and disappeared people living under acute duress imagine the abolition of detention and borders. Featuring original illustrations by artist-journalist Molly Crabapple, Disappearing Rooms shines a light into otherwise hidden spaces of law within the contemporary deportation regime. Duke University of Press Scholars of Color First Book Award Recipient

Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power.This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.

Roshan Iqbal traces the intellectual legacy of the exegesis of Qur'an 4:24, which is used as the proof text for the permissibility of mut'a (temporary marriage) and asks if the use of verse 4.24 for the permissibility of mut'a marriage is justified within the rules and regulations of Qur'anic hermeneutics. Iqbal examines seventeen Qur'an commentaries, the chronological span of which extends from the first extant commentary to the present day in three major Islamicate languages. Iqbal concludes that doctrinal self-identity, rather than strictly philological analyses, shaped the interpretation of this verse. As Western academia's first comprehensive work concerning the intellectual history of mut'a marriage and sexual ethics, this work illustrates the power of sectarian influences on how scholars have interpreted verse 4:24. This book is the only work in English that includes a plurality of voices from minor schools (Ibadi, Ashari, Zaidi, and Ismaili) largely neglected by Western scholars, alongside major schools, and draws from all available sub-genres of exegesis. Further, by revealing ambiguities in the interpretation of mut'a, this work challenges accepted sexual ethics in Islamic thought-as presented by most classical and many modern Muslim scholars-and thus opens up space to theorize Islamic sexual ethics anew and contribute to this crucial conversation from the perspective of Muslim feminism.

This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels. Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.

Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings--often in concurrences or dissents--richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates--on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices - the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans - that makes this succession echo across generations.

In a time of painful economic and legal inequities, we are still plagued by a gnawing question: Why did no major bank executive face any meaningful consequences for the 2008 financial crisis? Meanwhile, average Americans lost 8.8 million jobs and $19.2 trillion in household wealth, with the crisis' impacts still reverberating throughout society. Moving beyond the popular narrative that the rich simply play by different rules, Incentivizing Injustice focuses not on the potential perpetrators, but on the powerful prosecutors deciding who faces charges and who goes home with a fine. In the years leading up to the financial crisis, the Justice Department experienced embarrassing losses and moved a deluge of resources away from everything else to fund post-9/11 counterterrorism. White-collar federal prosecutors found themselves working in an overly-cautious and under-funded institution. At the same time, the lure of defense firms had grown much stronger, offering million-dollar partnerships. Prosecutors had every incentive at this time to improve their image by obtaining big fines with banks through settlements, rather than risking complicated litigation, but at what cost to American justice and trust in the rule of law?

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. This updated and revised second edition of Advanced Introduction to International Conflict and Security Lawprovides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

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. This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.

The overarching objective of Understanding the First Amendment is to facilitate student learning efficiency and academic success. Toward this end, it focuses upon core subject matter that is likely to be tested in a law school examination or on the bar examination. The book also provides tools that enable students to organize the course and their understanding in a way that enhances retention. The beginning of each chapter highlights key points of coverage. The end of each chapter indicates essential points to remember. The book strikes a balance between comprehensiveness and selectivity, thus providing students with assurance that they know enough, know it well, but are not overwhelmed by details that are unduly esoteric or irrelevant to their performance needs. The eighth edition covers all of the recent relevant decisions, including Houston Community College System v. Wilson, Barr v. American Association of Political Consultants, Inc., City of Austin, Texas v. Reagan National Advertising of Austin, LLC, Federal Election Commission v. Cruz, Americans for Prosperity Foundation v. Bonta, Mahanoy Area School District v. B.L., Shurtleff v. City of Boston, Agency for International Development v. Alliance for Open Society International, Inc., Kennedy v. Bremerton School District, Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrisey-Berru, Fulton v. City of Philadelphia, and Carson v. Makin. It also includes a variety of new problems involving new situations that have arisen in First Amendment law.

"This comprehensive book seeks to provide a high-level view on health law issues and regulations and alert readers to potential issues where such a topic may arise and the basic elements and information related to the topic. This publication serves as a resource and reference guide, to gain background on a given issue, and find sources to reference for more information"--

"This book is intended to assist lawyers in navigating the developing area of human rights due diligence (HRDD). It explores the key components and requirements of the HRDD process, considers practical implementation of HRDD into corporate practices and policies, and treats key topics and cross-cutting issues related to HRDD. The 15 chapters in this book should therefore further lawyers understanding of HRDD and allow them to advise their business clients in a manner that aids those clients with adoption and implementation of good practices to enhance their effectiveness in addressing their potential and actual human rights impacts"--

American Bar Association. House of Delegates. Model rules of professional conduct;"Legal ethics -- United States"

Lawyers -- Mental health -- United States;"Practice of law -- United States -- Psychological aspects";"Attorney and client -- United States -- Psychological aspects";"Psychic trauma -- Patients -- Rehabilitation";"Psychic trauma -- Treatment";"Psychic trauma -- United States"

"Model Witness Examinations is a gift to young lawyers and to older lawyers who are called in mid- or late career to try cases. The book demonstrates how to offer testimony on direct examination, how to cross-examine and impeach various types of witnesses, and how to use discovery in the examination of witnesses. Sandler and Archibald not only illustrate model examinations, they also offer citations to rules and cases that can be relied upon by an advocate preparing an examination on an important point. Paul Mark Sandler and James K. Archibald are confident, experienced, talented lawyers who take time from busy trial schedules and demanding practices to offer young lawyers the wisdom they have learned from years of trying cases"--

What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.

Antitrust law -- United States -- Handbooks, manuals, etc;"Antitrust law -- United States";"Cartels"

Legal investments -- United States;"Trusts and trustees -- United States";"Portfolio management -- United States"

Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to 'make their own laws and be ruled by them.' The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club. This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues. Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.

This book considers the growing interest in transitional justice practices that take place against the backdrop of ongoing settler-colonialism in Palestine. By critiquing the role of common top-down and bottom-up interventions, namely truth recovery and international criminal justice, the book argues that transitional justice acts as an extension of a deeply flawed peacebuilding process that has been so destructive in Palestine and has a deflating effect when it comes to advancing calls for meaningful decolonisation. A 'radicalisation' of transitional justice that takes place in settler-colonial contexts, one that prioritises conversations around meaningful decolonisation, is therefore required. The book will appeal to those with an interest in peacebuilding, conflict transformation and transitional justice. 

DNA fingerprinting -- United States -- Legal research; "DNA fingerprinting -- Law and legislation -- United States -- Legal research"; "Forensic genetics -- Law and legislation -- United States -- Legal research"; "Forensic genetics -- United States -- Technique -- Legal research"; "DNA fingerprinting -- United States -- Legal research -- Computer network resources"

Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari'ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari'ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari'ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari'ah and common law and aid harmonisation efforts when the need arises.

Description Coming Soon!
Mediation -- United States;"Practice of law -- United States"

This concise guide breaks down a complicated topic--the First Amendment--and makes it understandable and fun. The book walks briskly through cases, rules, and theories to draw a reader-friendly road map of the First Amendment. Two law school deans and First Amendment enthusiasts, Bob Power and Mark Alexander, synthesize principles with memorable examples and a sharp wit. Their analysis reveals the common sense behind much First Amendment law, and at the same time identifies some of its flaws and inconsistencies. The book addresses the deep historic roots as well as current problems such as campaign finance, hate speech, and electronic communications. It is equally useful as a general guide as it is for preparing for class and for exams (including the bar!).

Torts -- United States -- Outlines, syllabi, etc;"Torts -- United States -- Examinations, questions, etc"

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K-12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

This book explains Europol's online sharing platforms efforts in three major cybercrime areas: ransomware, money laundering with cryptocurrencies, and online child sexual exploitation that Europol has already pushed private and public actors to cooperate.   Since the global financial crisis, online sharing economy platforms have made a significant impact on use of under-utilized resources. People who have a car (Uber) or a spare room (Airbnb) began to share their under-used assets with others for extra income. The success achieved by these online platforms that enable efficient use of limited resources raised a new discussion on whether a similar governance model can be implemented by public administrations where public resources are insufficient. Cybercrime is one of these fields where most law enforcement agencies have not got enough resources to tackle these crimes. They need the human and technical resources of the private sector for a safer society. This book, for the first time, seeks the answers to this question. It examines the feasibility of online sharing economy platforms to enhance public-private partnerships to tackle cybercrime. The European Union Policing Agency, Europol, is the first police organization to adopt a similar model to interact with policing agencies and private industry.   Drawing on extensive research, the book offers crucial insights for policymakers, researchers, and the public interested in new trends in sharing economy, innovative governance models, public-private partnerships, and cybercrime investigations.

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

This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law's gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility's jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.

This volume addresses key ethical issues and challenges of modern urban warfare through ten chapters written by acclaimed experts from eight different countries and three continents. The foreword to the volume was written by Gen. (ret) Mart de Kruif, while Professor Hugo Slim wrote the Introduction. In addition to providing the reader with the history of the intricate relationship between city and war, authors offer critical insights into the ethical problems arising from various dimensions of modern urban warfare: conflicting war narratives, imperative of victory, tactical and leadership specificities, use of non-lethal measures, international interventions, in bello peculiarities of urban warfare, introduction of new weapons and technologies, use of war games and simulations in training for urban warfare, and many more.

International law shapes nearly every aspect of our lives. It affects the food we eat, the products we buy, the rights we hold, and the wars we fight. Yet international law is often believed to be the exclusive domain of well-heeled professionals with years of legal training. This text uses clear, accessible writing and contemporary political examples to explain where international law comes from, how actors decide whether to follow international law, and how international law is upheld using legal and political tools. Suitable for undergraduate and graduate students, this book is accessible to a wide audience and is written for anyone who wants to understand how global rules shape and transform international politics. Each chapter is framed by a case study that examines a current political issue, such as the bombing of Yemen or the use of chemical weapons in Syria, encouraging students to draw connections between theoretical concepts and real-world situations. The chapters are modular and self-contained, and each is paired with multiple Supplemental Cases: edited and annotated judicial opinions. Accompanied by ready-to-use PowerPoint slides and a testbank for instructors.

This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.

Feminist Frontiers in Climate Justiceprovides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world. With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all. This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women's mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.

People vs. Donald Trump is a fascinating inside account of the attempt to prosecute former president Donald Trump, written by one of the lawyers who worked on the case and resigned in protest when Manhattan's district attorney refused to act. Mark Pomerantz was a retired lawyer living a calm suburban life when he accepted an unexpected offer to join the staff of the district attorney of New York County in February 2021 to work on the investigation of former president Donald Trump. The Manhattan DA was interested in Pomerantz because he brought vast experience in litigating white collar and organized crime cases, having worked as a federal prosecutor and a criminal defense attorney for decades. Pomerantz had prosecuted and defended cases involving murder, drug trafficking, political corruption, tax evasion, and financial fraud. His clients had included governors and senators, business leaders, financial institutions, and also gangsters and murderers. Over the next year, Pomerantz investigated the world of Donald Trump and the Trump Organization. He interviewed potential witnesses, scrutinized financial records, and learned everything he could about Trump's business practices. The investigation led him to believe that the former president's approach to business had much in common with the business practices of another well-known public figure--former mob boss John J. Gotti. Ultimately, Pomerantz gathered enough evidence to support the view--held by many of his colleagues on the case, including former Manhattan district attorney Cyrus Vance Jr.--that former president Donald Trump should be indicted for a number of financial crimes. But that indictment never happened. This book explains why. Pomerantz's work ultimately led to the indictment of the Trump Organization and Allen Weisselberg, the chief financial officer of the Trump Organization, who pleaded guilty to tax fraud. But that indictment was merely the prelude to a larger criminal case that Pomerantz urged the Manhattan DA, Alvin Bragg, to bring against Donald Trump. When the DA refused to authorize that prosecution, Pomerantz and his colleague Carey Dunne resigned. Aspects of the case Pomerantz wanted to bring are currently being pursued against Trump by the attorney general of New York State in a civil fraud case that does not involve criminal penalties. In People vs. Donald Trump, Pomerantz tells the story of his unprecedented investigation, why he believes Donald Trump should be prosecuted, and what we can learn about the nature of justice in America from this extraordinary case. Pomerantz draws from a lifetime of legal experience to tell a devastating and frequently entertaining story of how prosecutors think, how criminals act, and how our justice system works--and sometimes doesn't work. Pomerantz has written a cautionary tale that illuminates the challenges of prosecuting Donald Trump, why Trump manages to dance between the raindrops of accountability, and how others might bring him to justice.

An urgent and definitive examination of how the legal system prevents accountability for police misconduct, from one of the country's leading scholars on policing In recent years, the high-profile murders of George Floyd, Breonna Taylor, and so many others have brought much-needed attention to the pervasiveness of police misconduct. Yet it remains nearly impossible to hold police accountable for abuses of power--the decisions of the Supreme Court, state and local governments, and policy makers have, over decades, made the police all but untouchable. In Shielded, University of California, Los Angeles, law professor Joanna Schwartz exposes the myriad ways in which our legal system protects police at all costs, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. The product of more than two decades of advocacy and research, Shielded is a timely and necessary investigation into why civil rights litigation so rarely leads to justice or prevents future police misconduct. Weaving powerful true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and zip code, Schwartz paints a compelling picture of the human cost of our failing criminal justice system, bringing clarity to a problem that is widely known but little understood. Shielded is a masterful work of immediate and enduring consequence, revealing what tragically familiar calls for "justice" truly entail.

More children than ever are crossing international borders alone to seek asylum worldwide. In the past decade, over a half million children have fled from Central America to the United States, seeking safety and a chance to continue lives halted by violence. Yet upon their arrival, they fail to find the protection that our laws promise, based on the broadly shared belief that children should be safeguarded. A meticulously researched ethnography, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. Chiara Galli debunks assumptions about asylum, including the idea that people are being denied protection because they file bogus claims. In practice, the United States interprets asylum law far more narrowly than what is necessary to recognize real-world experiences of escape from life-threatening violence. This is especially true for children from Central America. Galli reveals the formidable challenges of lawyering with children and exposes the human toll of the US immigration bureaucracy.

The bestselling historian and journalist James Rosen provides the first comprehensive account of the brilliant and combative Supreme Court justice Antonin Scalia, whose philosophy and judicial opinions defined our legal era. With SCALIA: Rise to Greatness, 1936-1986, the opening installment in a two-volume biography, acclaimed reporter and bestselling historian James Rosen provides the first comprehensive account of the life of Justice Antonin Scalia, whose singular career in government--including three decades on the Supreme Court--shaped American law and society in the twenty-first century. A decade in the making, Rise to Greatness tells the story of the kid from Queens who became the first Italian American on the Court and one of the most profoundly influential figures of our time. This volume takes us from Scalia's birth to his ascension to the Court, providing a fresh and probing look at his Catholic upbringing and education; his stints in academia and published works, some of them obscure and long-overlooked; and his service in the Nixon and Ford administrations, when Scalia played a central role in reforming the U.S. intelligence community and in the approval of sensitive covert operations. Deeply researched and based on unparalleled access to documentary and personal sources, and written with an intellectual rigor and wit befitting its subject, Rosen's narrative reads like a novel while presenting startling new insight into the life, mind, career, faith, and legacy of the man whom family and friends called "Nino." The result is a compelling portrait of an American legend with whom the author personally corresponded, broke bread, drank wine, and braved the streets of the capital as a (nervous) passenger in the justice's famously speedy BMW. Rosen has unearthed previously unpublished writing from every phase of Scalia's career, including private Supreme Court emails, and has interviewed Scalia's family, classmates, students, colleagues from the Nixon, Ford, and Reagan administrations, priests, poker buddies, hunting companions, and fellow judges and justices.  Rise to Greatness is a landmark of modern biography, a rich and moving study, accessible to lay readers, that brings to life a towering figure of American history. It is the book Scalia fans, and all citizens interested in history and the law, have long awaited.

Examines the decisions of US presidents to appoint judges from diverse backgrounds to federal courts In Diversifying the Courts, Nancy Scherer addresses why presidents choose--or don't choose--to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history--and politics--of court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.

This engaging history overturns the conventional wisdom about the Second Amendment--showing that the right to bear arms was not about protecting liberty but about preserving slavery. In Madison's Militia, Carl Bogus illuminates why James Madison and the First Congress included the right to bear arms in the Bill of Rights. Linking together dramatic accounts of slave uprisings and electric debates over whether the Constitution should be ratified, Bogus shows that--contrary to conventional wisdom--the fitting symbol of the Second Amendment is not the musket in the hands of the minuteman on Lexington Green but the musket wielded by a slave patrol member in the South. Bogus begins with a dramatic rendering of the showdown in Virginia between James Madison and his federalist allies, who were arguing for ratification of the new Constitution, and Patrick Henry and the antifederalists, who were arguing against it. Henry accused Madison of supporting a constitution that empowered Congress to disarm the militia, on which the South relied for slave control. The narrative then proceeds to the First Congress, where Madison had to make good a congressional campaign promise to write a Bill of Rights--and seizing that opportunity to solve the problem Henry had raised. Three other collections of stories--on slave insurrections, Revolutionary War battles, and the English Declaration of Rights--are skillfully woven into the narrative and show how arming ragtag militias was never the primary goal of the amendment. And as the puzzle pieces come together, even initially skeptical readers will be surprised by the completed picture: one that forcefully demonstrates that the Second Amendment was intended in the first instance to protect slaveholders from the people they owned.

This third edition of the American Convention of Human Rights provides a thorough review of the protection of crucial convention rights and their application by the Inter-American Court of Human Rights. The book offers an engaging discussion of human rights issues, both old and new, occurring in the Americas.

This book illustrates current cyber laundering practices and the underlying risks associated with them, such as cross-border crimes and terrorism financing. Despite the existence of international regulations and strong worldwide cooperation, countermeasures and international response efforts are often hindered by enforcement and jurisdictional issues, as well as online asset recovery complexity. This work investigates the blockages to the accomplishment of cyber laundering regulation and enforcement at the international level. It provides strong legal recommendations for fostering the construction of more efficient means of legal implementation.

A sweeping history of the American invention of modern money. Economists endlessly debate the nature of legal tender monetary systems--coins and bills issued by a government or other authority. Yet the origins of these currencies have received little attention. Dror Goldberg tells the story of modern money in North America through the Massachusetts colony during the seventeenth century. As the young settlement transitioned to self-governance and its economy grew, the need to formalize a smooth exchange emerged. Printing local money followed. Easy Money illustrates how colonists invented contemporary currency by shifting its foundation from intrinsically valuable goods--such as silver--to the taxation of the state. Goldberg traces how this structure grew into a worldwide system in which, monetarily, we are all Massachusetts. Weaving economics, law, and American history, Easy Money is a new touchstone in the story of monetary systems.

Why getting results should be every nonprofit manager's first priority A nonprofit manager's fundamental job is to get results, sustained over time, rather than boost morale or promote staff development. This is a shift from the tenor of many management books, particularly in the nonprofit world. Managing to Change the World is designed to teach new and experienced nonprofit managers the fundamental skills of effective management, including: managing specific tasks and broader responsibilities; setting clear goals and holding people accountable to them; creating a results-oriented culture; hiring, developing, and retaining a staff of superstars. Offers nonprofit managers a clear guide to the most effective management skills Shows how to address performance problems, dismiss staffers who fall short, and the right way to exercising authority Gives guidance for managing time wisely and offers suggestions for staying in sync with your boss and managing up This important resource contains 41 resources and downloadable tools that can be implemented immediately.