New Books: November 2023

In contemporary constitutional politics, Section 1 of the Fourteenth Amendment--which includes the citizenship, privileges and immunities, due process, and equal protection clauses--is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing "rebel rule" by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War. In this first of three planned volumes for the University Press of Kansas's Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction. In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War. Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.

Reading the Illegible examines the history of alphabetic writing in early colonial Peru, deconstructing the conventional notion of literacy as a weapon of the colonizer. This book develops the concept of legibility, which allows for an in-depth analysis of coexisting Andean and non-Native media. The book discusses the stories surrounding the creation of the Huarochirí Manuscript (c. 1598-1608), the only surviving book-length text written by Indigenous people in Quechua in the early colonial period. The manuscript has been deemed "untranslatable in all the usual senses," but scholar Laura Leon Llerena argues that it offers an important window into the meaning of legibility. The concept of legibility allows us to reconsider this unique manuscript within the intertwined histories of literacy, knowledge, and colonialism. Reading the Illegible shows that the anonymous author(s) of the Huarochirí Manuscript, along with two contemporaneous Andean-authored texts by Joan de Santa Cruz Pachacuti and Felipe Guaman Poma de Ayala, rewrote the history of writing and the notion of Christianity by deploying the colonizers' technology of alphabetic writing. Reading the Illegible weaves together the story of the peoples, places, objects, and media that surrounded the creation of the anonymous Huarochirí Manuscript to demonstrate how Andean people endowed the European technology of writing with a new social role in the context of a multimedia society.

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.

This study guide uses over 200 multiple-choice and short-answer questions to test your students' knowledge of administrative law and procedure. This book divides the major administrative law topics into eleven categories. It begins with introductory questions, then moves to questions about agency structure and organization, adjudication and rulemaking procedures, non-legislative rulemaking procedures, retroactivity, the availability of and standard for judicial review, the government's and public's access to information, and ends with questions about the availability of attorney's fees. Following these topics is a comprehensive Practice Final Exam. The latest edition includes new questions and updates based on recent cases and legislation. It also includes a brief explanation of how to approach multiple choice questions. Finally, the Practice Exam has been completely rewritten to include questions used on an actual administrative law exam.

A bold new perspective on the strategic logic of international human rights enforcement When a government violates the rights of its citizens, the international community can respond by exerting moral pressure and urging reform. Yet many of the most egregious violations appear to go unpunished. In many cases, shaming not only fails to induce compliance but also incites a backlash, provoking resistance and worsening human rights practices. The Geopolitics of Shaming presents a new theory on the strategic logic of international human rights enforcement, revealing why and how states punish violations in other countries, when shaming leads to an improvement in human rights conditions, and when it backfires. Drawing on a wide range of evidence--from large-scale cross-national data to original survey experiments and detailed case studies--Rochelle Terman shows how human rights shaming is a deeply political process, one that operates in and through strategic relationships. Arguing that preexisting geopolitical relationships condition both the causes and consequences of shaming in world politics, she shows how adversaries are quick to condemn human rights abuses but often provoke a counterproductive response, while friends and allies are the most effective shamers but can be reluctant to impose meaningful sanctions. Upending conventional wisdom on the role of norms in world affairs, The Geopolitics of Shaming demonstrates that politicization is integral to--not a corruption of--the success of the global human rights project.

In Chapters 1 to 4, this monograph introduces the legal system of four English-Language jurisdictions, namely Australia, Canada, New Zealand and the United States of America, and then considers the regulators, and some of the laws that regulate, transactions in corporate securities there. Chapter 5 is comprised of concluding comments, based upon the work performed for the earlier chapters. Canadian securities' law is enacted by administrations in its constituent provinces and territories, rather than by the federal Government, which creates a point of interest for this book.

Drawn from personal recollections, historical records, and biographical research, Capitan Chiquito: A Personal History of an Apache Chief, 1821-1919 relates the little-known life and career of a leader of the Aravaipa band of Apaches during the late nineteenth and early twentieth centuries. During his nearly 100 years of life, Chief Capitan Chiquito spent time in prison with Geronimo; defended his home territory in Aravaipa Canyon from the depredations of Anglo-Americans, Mexicans, and rival Native American tribes; suffered the brutal massacre and abduction of many of his people; and ultimately won from the federal government the right to live on and cultivate his canyon homestead. He died in 1919 at the age of 98 from complications of influenza while caring for ill members of his clan. In the opening pages, author John Paul Hartman reminisces about some of the people he has loved--and lost--during his time on the San Carlos Reservation in southeastern Arizona. His wife, Velma Bullis, great-granddaughter of Chief Capitan Chiquito; her father, Lonnie, the chief's grandson; and many others have preceded him through "the Western portal," departing this life. "There is nothing for me here in San Carlos now," he writes. "It is time for me to leave . . . But before they will let me go, I have a story to tell." As Hartman ends this work, he explains that he undertook the research and writing about his wife's ancestor as a means of closure for his two decades of life on the San Carlos Reservation. With the care of a historian and the dedication of an enthusiast, he has followed the trail of this notable leader, affording readers a unique view of a previously little-known yet intensely revealing historical narrative.

How did the Nutrition Facts label come to appear on millions of everyday American household products? As Xaq Frohlich unearths, this legal, scientific, and seemingly innocuous strip of information is in fact a prism through which to view the high-stakes political battles and development of scientific ideas that shaped the realms of American health, nutrition, and public communication.   From Label to Table tells the biography of the food label. By tracing policy debates at the U.S. Food and Drug Administration (FDA), Frohlich describes the emergence of our present information age in food and diet markets and how powerful government offices inform the public about what they consume. From the early years of FDA food standards, with concerns about consumer protection, up to present-day efforts to modernize the Nutrition Facts panel, Frohlich explores the evolving popular ideas about food, diet, and responsibility for health that inform what goes on the label and who gets to decide that.

On both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally. In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state. Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security. The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security's online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.

Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter's unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that the president needed Senate approval to take this action. President Carter's actions in recognizing the Peoples' Republic of China were both a continuation of a process begun by President Richard Nixon, and a milestone in foreign policy that survived legal and political intervention. In their decision, the Supreme Court placed the removal of the United States from treaties squarely in the political, rather than the constitutional, arena. Goldwater contended that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO and thereby endanger the global political order. Ironically, years later President Donald Trump, who stood in the mold of Goldwater's brand of conservatism, posed this very threat. Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR's New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court's decision in favor of Carter, however, marked a return to the growth of the "imperial presidency," which has only continued to expand.

An unprecedented account of social stratification within the US legal profession. How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters? The Making of Lawyers' Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession. Their findings show that lawyers' careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.

The UNIDROIT Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the UNIDROIT Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the UNIDROIT Principles' clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the UNIDROIT Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the UNIDROIT Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting.

The Holy Places of Jerusalem's Old City are among the most contested sites in the world and the 'ground zero' of the Israeli-Palestinian conflict. Tensions regarding control are rooted in misperceptions over the status of the sites, the role of external bodies such as religious organizations and civil society, and misunderstanding regarding the political roles of the many actors associated with the sites. In this volume, Marshall J. Breger and Leonard M. Hammer clarify a complex and fraught situation by providing insight into the laws and rules pertaining to Jerusalem's holy sites. Providing a compendium of important legal sources and broad-form policy analysis, they show how laws pertaining to Holy Places have been implemented and engaged. The book weaves aspects of history, politics, and religion that have played a role in creation and identification of the 'law.' It also offers solutions for solving some of the central challenges related to the creation, control, and use of Holy Places in Jerusalem.

As water becomes ever more important in a rapidly growing United States challenged by lessening firm-yield water reliability, the public needs to understand the myriads of quite different state-by-state water policies. States share surface water and groundwater sources that relate to each other conjunctively. Texans for example, should understand New Mexico water ownership and state policies because they share surface water and groundwater sources. Californians should understand Nevada's water policies for the same reasons. Above all else, the people of the United States must realize that a water policy in one state can drastically impact water availability in neighboring states. Although the federal government has supra-legal authority over some state water policies and acts as the ultimate arbiter of interstate disputes, no one current book exists that explains the complicated relationships between state water policies with an analysis of federal water policies. Water Rights in the United States : A Guide through the Maze is a one-stop resource providing a state-by-state analysis of water ownership, regulatory agencies, and water polices. It explains the complicated relationships between state water policies d States : A Guide through the Maze is a one-stop resource providing a state-by-state analysis of water ownership, regulatory agencies, and water polices. It explains the complicated relationships between state water policies and provides an analysis of federal water polices. How we manage these policies is of utmost importance to all Americans. d States : A Guide through the Maze is a one-stop resource providing a state-by-state analysis of water ownership, regulatory agencies, and water polices. It explains the complicated relationships between state water policies and provides an analysis of federal water polices. How we manage these policies is of utmost importance to all Americans.

What to Remember, What to Teach is intended for researchers, graduate students and teachers that are interested in the fields of discourse and memory studies and, particularly, in the linguistics and multimodal recontextualization of history into pedagogical discourses and their relationship with the transmission and co-construction of memories of a recent national past. This book aims to provide a better understanding of the processes of memory practices and their construction in the pedagogical discourse of history in Chile regarding a recent painful national past of human rights violations and dictatorship, which is part of a history shared by Latin American countries. With this purpose in mind, this book offers a detailed discourse analysis of how this recent traumatic national history is recontextualized and negotiated into secondary level Chilean history education. The analysis proposed is a social discourse analysis of key written and oral corpora of pedagogical practices from a multimodal perspective, paying particular attention to the construction of evaluative prosodies in the discourses analyzed. The corpora contemplated for the analysis comprise official History textbooks, History classroom interactions, teachers and students interviews, Chilean history written by specialists and official documents produced by the state during post-dictatorial years. This book not only offers a detailed linguistics and multimodal analysis of key discourses that construct pedagogical practices of recent traumatic past of dictatorship and human rights violations in Chile; it also presents a theoretical development of the interpersonal and experiential regions of meaning from a Systemic Functional Linguistics approach and from Spanish language resources. In sum, this book is intended as a contribution to our understanding of how a recent sensitive past of a nation is historized, transmitted and co-constructed by new generations of youth and their history teachers through a discursive exploration of the processes of remembering and forgetting in the micro space of memory practice of the classroom and through teachers and students personal and social memories.

Traces the role of the aggravated felony in today's deportation regime In immigration courts across America, a non-citizen convicted of an "aggravated felony" will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either "aggravated" or "felonies." The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation. This book chronicles the rise of the use of the aggravated felony, known by lawyers as the "immigration law death penalty," to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation--and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.

This work explores humankind's need for ownership, wealth and dominance which can lead to war, and a nationalistic approach with national identity based on the corporate memory and the clash of morality and ethical systems. It explores pacifism and political reality and outlines the modern era of war. The book explores how war starts and whether it can be justified, examines conduct in war, and how such conflict can be resolved in the postwar period. It portrays the arguments by referring to many historical incidents. The book concludes with the legal and moral arguments relating to war, and an examination of contemporary tensions in North Korea and Taiwan, and the war in the Ukraine. The book aims to be a concise and clear study of war, of interest to students and researchers in moral philosophy, as well as conflict studies and peace studies.

In Scales of Resistance Maylei Blackwell narrates how Indigenous women's activism in Mexico and its diaspora weaves in and between local, national, continental, and transborder scales. Drawing on more than seventy testimonials and twenty years of fieldwork spent accompanying Indigenous women activists, Blackwell focuses on how these activists navigate the blockages to their participation and transform exclusionary spaces into scales of resistance. Blackwell shows how activists in Mexico and those in the migrant stream that runs from Oaxaca into California redefined women's roles in community decision-making. They did so by scaling down Indigenous autonomy to their own bodies, homes, and communities; grounding their political claims within Indigenous epistemologies and the gendered nature of social organization; and scaling up to regional, national, and continental contexts. This allowed them to place themselves at the heart of Indigenous resistance and autonomy, decolonizing gender hierarchies and creating new scales of participation. Blackwell reveals the importance of moving across different types of scale and contrasting colonial divisions of scale itself with Indigenous conceptions of scale, space, solidarity, and connection.

This book is a result of a piece of field-based research that discusses the institutional arrangements and workings of the rural local governments, otherwise known as the Panchayati Raj institutions, in rural and tribal areas (scheduled areas) in the context of the enactment of important constitutional and legal provisions.

This Nutshell presents a very timely overview of legal topics relating to sexual orientation, gender identity and the law. Topics covered include: regulation of sexuality, gender identity and expression, parenthood, marriage, United States military, nondiscrimination statutes and ordinances, freedom of expression, freedom of association, and religious freedom. Discussion includes developments at the federal, state and local level. Statutes discussed include Title VII of the Civil Rights Act of 1964; Title IX; the Fair Housing Act; the Affordable Care Act; Don't Ask, Don't Tell; Defense of Marriage Act, as well as some of the anti-LGBT rights measures that have been adopted in various states.

Tax havens in offshore lands like Switzerland, the Cayman Islands and the Bahamas were once considered a rarity, the preserve of the super-rich. Today, they are big business available to the masses. Their goal? To avoid any form of accountability. Own nothing. Possess everything. Be answerable to no one. Where are these tax havens? What forms can they take? What future lies in store for them, and why should we care? An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America answers these questions, and more, in the first comparative study in one volume of European, Caribbean and United States tax havens. It examines their simple origin to the extreme forms some take today, delving into the murky subculture that has deliberately made them impenetrably obscure. Uniquely, it combines detailed technical expertise (regulatory regimes, financial crime, legal and equitable structuring) with an analysis of their impact on domestic and global political, economic, environmental and social concerns. An Anatomy of Tax Havens is a fascinating, informative read for a broad readership; from legal, accountancy and tax practitioners to compliance regulators, law enforcement agencies, and students and researchers interested in business studies, taxation, and crime.

Are you are bit restless--satisfied with life and career but concerned you are being shaped by your surroundings? Do you avoid serious discussion about retirement because you don't know what to do if not lawyering? Have you thought about slowing down but don't know where to start? Would you like to pursue other interests?   Find Your Landing Zone is a combination of tools, advice, and inspiring stories that will spark the motivation you need to launch a new career, slow down a bit, or embark upon retirement.   You will learn: To look change in the eye--and embrace it That you don't need a mountain of money to switch gears Ideas for negotiating your exit plan with management Tips for solo and small firm practitioners who are thinking about what's next How to progress from thinking about the future to making it happen Find Your Landing Zone will prepare you for a fulfilling life beyond the practice of law.

This study looks carefully at which law school faculty and using ChatGPT in their work, and what they are using it for. The study helps its readers to answer questions such as: How are law school faculty benefiting from the use of ChatGPT? What are their reservations about its use? What advice do they offer to their peers? How do they expect it to impact law school operations and legal scholarship and teaching? What has been the impact to date?

From the perspective of institutionalism and theories of clusters, this book provides a concept of organized crime as an institutional cluster in contrast to the concept of multiple offences, associated with organized criminal groups or/and criminal organizations.  The book offers shifts in the methodology of organized crime analysis and extrapolates the tools of cluster modelling - successfully approbated in the social and economic sciences as a method for the organization of spatially localized systems - to the criminological field. Such an approach gives a fresh view of organized crime essence and contributes to the deeper and more sophisticated understanding of organized crime modus operandi, as well as its influence on the social landscape. Organized crime in today's world is increasingly moving from rigidly structured entities to decentralization with unclear, blurred edges and a hybrid structure, which is dictated by the rationality of adapting to social change, including the emergence of new widespread demands for illegal goods and services, new ways to evade social control, the prevalence of poly-criminal activities, the involvement in general digitalization, and so on. Specifically, the study is focused on the evolution of organized crime models in Ukraine considering the socioeconomic, political, and ideological background. Organized crime in Ukraine has gone through numerous transitions, encompassing professionally or traditionally organized criminal groups (the so-called community of 'thieves in law'), functional racketeering groups, businessmen who accumulated their initial capital through the shadow economy, bureaucratically constructed groups from former official vertically powerful ruling circles, networks of personal or professional connections of the Soviet special services, oligarchic-clan pyramidal structures and amorphous delocalized cyber entities. This book also gives a broad picture of contemporary criminal clusters in Ukraine and an assessment of a full-scale war's impact. Russia's invasion on 24 February 2022 and massive hostilities provoked a turbulent situation for organized crime, resulting in the breaking of former criminal ties and the degradation of certain criminal and corrupt practices. At the same time, the war and the martial law regime created opportunities for organized crime in Ukraine to develop new illegal markets and relocate existing ones.

The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments.