New Books

Freedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.

The enormous amount of literature on the Scopes Trial focuses on the religious elements of the trial. It almost totally ignored the importance of racism as taught in the text that Scopes used to teach biology. Bryan was not concerned about evolution in general, but specifically human evolution. He believed that Darwin's theory, as applied to humans, encouraged the oppression of certain oppressed groups. Taking evolution's philosophy to its logical conclusion meant justifying "survival of the fittest" in social matters. This philosophy he learned from his extensive reading about WWI was a major factor influencing the Germans to fight in the first World War. Furthermore, Bryan believed the citizens of Tennessee had a right to determine what their children were taught in the public schools. Another fact that is rarely mentioned is the main fossil evidence cited in the trial documents, and the press, in support of human evolution has been discredited by evolutionists including Neanderthal man, Piltdown man, Java man, and Nebraska man. Scopes was not a biology teacher, but rather taught math. His college degree was not in biology, but law. He was not put on the stand to testify in his trial, probably because he never taught evolution and could not honestly answer questions about teaching it. This book covers the so-called trial of the century, telling the real story of a sham brought on by the ACLU to further their political and anti-Christian goals.

This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.

This book discusses the dogmatic (that what is settled) and the dynamic (that what is changing) aspects of the relationship between blockchain and the law from a critical perspective. With contributions from legal and financial experts involved in both academy and business from Europe, Africa and North and South America, the book looks at the abstract complexities and practical challenges of regulating blockchain technology and its developments, such as crypto assets and smart contracts, from the perspectives of financial, tax, civil, and international law. Moreover, the book also delves into some exciting and cutting-edge related topics such as blockchain applications for litigation, CBDC and elections. The volume offers insightful considerations that will be helpful for legal practitioners involved in the crypto and Distributed Ledger Technology (DLT) phenomenon. Francisco Pereira Coutinho is Associate Professor at the Nova School of Law in Lisbon, Portugal. Martinho Lucas Pires is Teaching Assistant in the Department of Law of the Universidade Católica Portuguesa in Lisbon, Portugal. Bernardo Correia Barradas is a Lawyer and Senior Legal Advisor in payments in Washington DC, United States.

In Texas v. White (1869), the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible States." The Court ruled "there was no place for reconsideration, or revocation, except through revolution, or through consent of the States." In his iconoclastic work, Peter Radan demonstrates why the Court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a "slaveholders' Union." Creating a More Perfect Slaveholders' Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to--namely, a system of human enslavement--had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders' Union. Creating a More Perfect Slaveholders' Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860-1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.

This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts. Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals. Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish. The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.

This trusted, authoritative reference for mental health clinicians and students is now in a thoroughly revised third edition. Using vivid case scenarios, Allan Edward Barsky explains when and why clinicians may be called to participate in legal proceedings. He describes and illustrates best practices for record keeping, responding to subpoenas, preparing reports, giving testimony as a fact witness or expert witness, managing ethical dilemmas, and reducing malpractice risks. Appendices feature reproducible agreements and other sample documentation. Readers can download and print these materials at the companion website, which also offers additional case examples, learning activities, and resources. A supplemental test bank is available on request to instructors who adopt the book for courses.   New to This Edition *Reflects substantial updates in research, case law, and statutes. *Aligns with current codes of ethics and practice guidelines of major professional organizations. *"Upon Further Reflection" elements in each chapter, plus an additional appendix with a sample report from a treating clinician in a criminal case. *New or expanded discussions of timely topics: restorative justice, ways to respond to subpoenas, using technology effectively in courtroom presentations, therapeutic witnessing, and more. *Ancillary materials for practitioners, students, and instructors at the expanded companion website.     

In the wake of Shelby County v. Holder and the January 6 Capitol insurrection, changes to election laws, policies, and especially access to voting have become a key political battleground. A central point of contention is whether new restrictive voting laws intentionally discriminate against Black and Hispanic subpopulations in the United States. Conversely, do policies that expand voting access favor Democrats and increase the possibility of election fraud? In The Cost of Voting in the American States, Michael J. Pomante II, Scot Schraufnagel, and Quan Li test these questions. The authors look specifically for systematic outcomes produced by distinctive election policies in the American states. First, they establish a competent measure of voting restrictions to begin this unraveling. The authors create a Cost of Voting Index (COVI) for the fifty states, which uses a statistical procedure to extract an underlying dimension and to determine significance from state laws based on how restrictive the polices are. The authors call the underlying dimension extracted the "cost of voting." With this measure in place, they evaluate which states have a higher cost of voting, how this cost impacts who votes, and whether there is a correlation between the cost of voting and minority populations. Using Racial Threat Theory arguments, the authors demonstrate that states with larger or growing Black and Hispanic populations have more restricted voting, and that these restrictive voting laws disproportionately demobilize these populations in predictable ways. States with a higher cost of voting also show lower minority electoral success as well as a larger gap in Black and female representation, and the authors reveal that decreasing the cost of voting does not lead to fraud or favor one party over another. The Cost of Voting in the American States makes a case for a new preclearance formula, and the COVI provides a viable approach for future election law.

To most of us, learning something "the hard way" implies wasted time and effort. Good teaching, we believe, should be creatively tailored to the different learning styles of students and should use strategies that make learning easier. Make It Stick turns fashionable ideas like these on their head. Drawing on recent discoveries in cognitive psychology and other disciplines, the authors offer concrete techniques for becoming more productive learners. Memory plays a central role in our ability to carry out complex cognitive tasks, such as applying knowledge to problems never before encountered and drawing inferences from facts already known. New insights into how memory is encoded, consolidated, and later retrieved have led to a better understanding of how we learn. Grappling with the impediments that make learning challenging leads both to more complex mastery and better retention of what was learned. Many common study habits and practice routines turn out to be counterproductive. Underlining and highlighting, rereading, cramming, and single-minded repetition of new skills create the illusion of mastery, but gains fade quickly. More complex and durable learning come from self-testing, introducing certain difficulties in practice, waiting to re-study new material until a little forgetting has set in, and interleaving the practice of one skill or topic with another. Speaking most urgently to students, teachers, trainers, and athletes, Make It Stick will appeal to all those interested in the challenge of lifelong learning and self-improvement.

Joint Venture Disputes in the Energy and Natural Resource Sectors provides the most comprehensive review of judgments and arbitral awards in these sectors to date. It presents a comprehensive assessment of model joint venture contracts, examining their impact on customary industry practice and case law. Based on a comprehensive industry review of almost 400 cases, the book discusses close to 200 court cases and 50 arbitral awards from around the world - many of which have been previously unpublished - presenting a detailed examination of the issues typically arising in joint venture disputes, trends forming in this area of international energy law, and lessons that can be distilled for future practice. Given the breadth and depth of its analysis, this volume will be a valuable resource for those involved in negotiating, drafting, managing, and advising on energy and natural resource joint ventures. By identifying the key risk areas in such joint ventures, it will also serve as a critical point of reference for advocates, judges and arbitrators who deal with energy and natural resource disputes.

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early antidrug laws in the US arose from racial animus, George Fisher instead shows in textured detail how US drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity. From nineteenth-century opium dens to the war on cocaine and cannabis, and more, Fisher offers a vivid tour of the sites of conflict, along with a convincing case for how the moral discourses and social contexts of the day pit drugs against the law. Bringing this history up to the present, Fisher shows how the racial dynamic has changed dramatically. As harsher penalties swell prisons with mostly nonwhite dealers, antidrug laws have come under renewed scrutiny as a tool of racial oppression. The book closes with an examination of cannabis legalization, driven in part by the movement for racial justice.

Elegant Legal Writing helps attorneys elevate their writing from passable to polished. Drawing on ideas from cognitive science, stylistics, and litigation strategy, the book teaches practical techniques by example using fast-paced chapters. Readers will learn the essentials of effective legal composition: Writing clear, efficient prose Crafting strong arguments Telling a client's story through a compelling narrative Overcoming procrastination and drafting more productively Readability, aesthetics, and argumentation are intertwined. Ryan McCarl shows how litigation documents that are easier and more pleasant to read are more likely to persuade judges and other busy readers. The book also discusses parts of legal writing that many guides overlook, including sentence mechanics, writing technology, and typography.

NEW YORK TIMES BESTSELLER * A searing portrait and damning takedown of America's proudest citizens--who are also the least likely to defend its core principles "This is an important book that ought to be read by anyone who wants to understand politics in the perilous Age of Trump."--David Corn, New York Times bestselling author of American Psychosis White rural voters hold the greatest electoral sway of any demographic group in the United States, yet rural communities suffer from poor healthcare access, failing infrastructure, and severe manufacturing and farming job losses. Rural voters believe our nation has betrayed them, and to some degree, they're right. In White Rural Rage, Tom Schaller and Paul Waldman explore why rural Whites have failed to reap the benefits from their outsize political power and why, as a result, they are the most likely group to abandon democratic norms and traditions. Their rage--stoked daily by Republican politicians and the conservative media--now poses an existential threat to the United States. Schaller and Waldman show how vulnerable U.S. democracy has become to rural Whites who, despite legitimate grievances, are increasingly inclined to hold racist and xenophobic beliefs, to believe in conspiracy theories, to accept violence as a legitimate course of political action, and to exhibit antidemocratic tendencies. Rural White Americans' attitude might best be described as "I love my country, but not our country," Schaller and Waldman argue. This phenomenon is the patriot paradox of rural America: The citizens who take such pride in their patriotism are also the least likely to defend core American principles. And by stoking rural Whites' anger rather than addressing the hard problems they face, conservative politicians and talking heads create a feedback loop of resentments that are undermining American democracy. Schaller and Waldman provocatively critique both the structures that permit rural Whites' disproportionate influence over American governance and the prospects for creating a pluralist, inclusive democracy that delivers policy solutions that benefit rural communities. They conclude with a political reimagining that offers a better future for both rural people and the rest of America.

Responding to Vine Deloria, Jr.'s call for all people to "become involved" in the struggle to protect Indigenous sacred sites, Dana Lloyd's Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights--one party's religious freedom and another party's property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country--an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations--to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions--between property and sacred site, between the federal government and Native nations--towards seeing the land itself as sovereign.

The fifth edition of Understanding Criminal Procedure: Adjudication brings the treatise up to date on all of the newest developments in the rules that govern the criminal process after the police investigation ends and the adjudicative process commences. Recent years have brought important changes and new debates to the forefront, both in areas governed by constitutional doctrine, such as the Confrontation Clause and the trial by jury provision of the Sixth Amendment, and in matters largely governed at the local level, such as the use of algorithms and big data in bail hearings and new rules on discovery. The new edition explains this entire landscape in carefully organized chapters describing where we are, how we got here, and where further developments may be expected. The treatise covers the most important United States Supreme Court cases in the adjudicatory portion of criminal procedure and, where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out and some of the hottest debates in the field are considered in depth and objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.