New Books: March 2024

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.

This open access book examines regulating an environment that has no jurisdiction, is fully anonymous and infinitely vast? Welcome to the Metaverse, an online virtual reality that is expected to add billions to the global economy. The Metaverse offers a new type of virtual economy with practically endless business opportunities. The question is how to prevent these opportunities from being abused to commit money laundering and finance terrorism (MLFT). This book explores the current European Union legislation designed to prevent MLFT in connection with the Metaverse. It analyses the legislation in relation to the three traditional stages of MLFT: placement, layering and integration. Furthermore, some additional risks specific to the Metaverse are discussed, such as Non-Fungible Tokens (NFTs) and the high level of anonymity. The book concludes that the current legislation is not suitable for facing the new challenges of the Metaverse.  In turn, the book puts forward a novel approach to regulating and enforcing MLFT legislation: using a system of smart assets equipped with AI to prevent and detect MLFT. In addition, it makes recommendations on how to improve the legal framework with regard to the new challenges arising from the Metaverse. Particular attention is given to creating a legal framework that incorporates the use of smart assets and the Internet of Things, in order to provide a safe environment for potential users and society. With a solid background in financial law and technology, the author successfully creates a novel system of regulation and enforcement that is based on the use of automatic enforcement, whilst keeping sufficient legal safeguards in place for potential Metaverse users. This book will be of interest to anyone interested in the Metaverse. Whether you want to regulate it or open your own virtual business, it's a must-read!

Article 12 of the UN Convention on the Rights of Persons with Disabilities recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work by the UN Committee on the Rights of Persons with Disabilities, domestic and human rights courts, legal and policy researchers and civil society activists critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity - guardianship or substitute decision making laws and mental health laws. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence.

This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on 'juridical categories', a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the 'juridical perspectives' that helped to shape the Islamic and Western legal orders. The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework.  "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

From two distinguished experts on election law, an alarming look at how the American presidency could be stolen--by entirely legal means   "Their new book asks whether a second Trump attempt to subvert democracy could succeed. Their answer makes for uncomfortable reading."--Ed Pilkington, The Guardian   Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner.   Lawrence Lessig and Matthew Seligman work through every option available for subverting a presumptively legitimate result--from vice-presidential intervention to election decertification and beyond. While many strategies would never pass constitutional muster, Lessig and Seligman explain how some might. They expose correctable weaknesses in the system, including one that could be corrected only by the Supreme Court.   Any strategy aimed at hacking a presidential election is a threat to democracy. This book is a clarion call to shore up the insecure system for electing the president before American democracy is forever compromised.

There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.

Before their forced removal to Oklahoma in the 1830s, the Euchee people lived in Georgia and other southeastern territories. Today the Euchees are enrolled members of the Muscogee Nation of Oklahoma, but they possess their own language, culture, and traditions. This unique collection by Euchee citizen Gregory H. Bigler combines traditional di'ile (Euchee tales), personal recollections, and contemporary stories to portray a way of life often hidden from view. Written in an engaging, down-to-earth style, the stories in this book immerse the reader in the everyday experiences of the Euchee community. With his gift for storytelling, Bigler welcomes readers into the lives and culture of the people whose stories he has heard or observed throughout his life and career as a lawyer and judge. Unforgettable characters appear or reappear in various settings, and these figures, whether animal or human, are bound to bring forth a chuckle or leave the reader wanting to learn more about their history. Some of the tales address serious legal injustices, while others poke gentle fun at lofty academic constructs. In the title story, for example, the mischievous character Shajwane (Rabbit), resolves to decolonize the forest, to strip away its "false narrative," by literally removing all new growth from the trees. These stories bring to life Euchee traditions that include family ties, the stomp dance, and communal cooking and feasting. Woven throughout is the sacred element of spirit. As Bigler explains in his introduction, the "spiritual" for Euchees signifies not a Western quest for peace or centeredness but a world filled with animate spirits that interact with all of us-as we see them, feel them, or seek them out. The Euchee people are unknown to most Americans. They inhabit a small area southwest of Tulsa and have yet to receive federal recognition. Yet even in their modern-day lives-as these stories capture so beautifully-the Euchee people remain fiercely determined to show "they are still here."

The 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.

The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions - or omissions - of the State. This commentary provides a specific article-by-article analysis and reflection of the negotiation history and evolution over time of each one of the rights enshrined therein.

A powerful argument for separating immigration enforcement from the criminal legal system, by one of the nation's foremost "crimmigration" experts In the fevered battles over immigration, Democrats and Republicans alike agree on this: that migrants who have committed a crime have no place in this country. But targeting migrants because they have committed a crime is a short-sighted appeal to nativist fear. To predicate a migrant's right to stay in the country on whether they are law-abiding and therefore deserving or "criminal" and undeserving does little to improve public safety and has an especially devastating impact on low-income migrants of color. While César Cuauhtémoc García Hernández's first book, Migrating to Prison, focuses on the explosion of migrant detention centers over the past decades, Welcome the Wretched tackles head-on what happens when a deeply flawed and racist criminal legal system and immigration system converge to senselessly cruel effect. Drawing on everything from history to legal analyses and philosophy, García Hernández counters the fundamental assumption that criminal activity has a rightful place in immigration matters, arguing that instead of using the criminal legal system to identify people to deport, the United States should place a reimagined sense of citizenship and solidarity at the center of immigration policy.

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.

The International Criminal Court in a Nutshell is a timely and concise introduction to the International Criminal Court. After a brief history of the creation of the ICC, it covers the Court's jurisdiction and operations and the Court's procedures from the initiation of a case through trial, appeal, sentencing, and reparations. Other chapters cover the substantive law the Court applies, including modes of liability and defenses and the unique role and rights of victims in the ICC system. It also covers the ICC's complex relationships with the United Nations and the United States. The book is meant to be useful to anyone interested in the ICC, from beginning students to scholars and practitioners interested in the Court.

This text is designed to assist students--both law and undergraduate--to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.

This edition has been completely revised to reflect the 2017 Act and developments through October 2023. The text focuses on the corporation as a taxable entity and tracks the corporate life cycle from incorporation through complete liquidation. It includes discussion on nonliquidating distributions, redemptions, and stock dividends. It also addresses advanced problems in corporate taxation, such as taxable acquisitions, tax-free reorganizations and corporate divisions, and carryover of corporate tax attributes.

What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.

This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African "lawscape"--in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.

This open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence ('AI') and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The potential and perils of AI have thus come to dominate modern discussions of technology and ethics - and although AI was initially allowed to largely develop without guidelines or rules, few would deny that the law is set to play a fundamental role in shaping the future of AI. As the debate over AI is far from over, the need for rigorous analysis has never been greater. This book thus brings together contributors from different fields and backgrounds to explore how the law might provide answers to some of the most pressing questions raised by AI. An outcome of the Católica Research Centre for the Future of Law and its interdisciplinary working group on Law and Artificial Intelligence, it includes contributions by leading scholars in the fields of technology, ethics and the law. 

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on law enforcement and national security issues. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy, privacy and law enforcement, national security, and foreign intelligence. New to the 4th Edition: Tighter editing and shorter chapters New section about AI and algorithms in law enforcement New case on algorithmic decision-making: Loomis v. Wisconsin Discussion of post-Carpenter cases New Appendix A: Full text of the Electronic Communications Privacy Act New Appendix B: Full text of the Foreign Intelligence Surveillance Act

This book canvasses the laws regarding surrogacy in Latin American jurisdictions, putting the legal developments into their historical and social contexts. It also categorises the approaches taken and compares them to developments around the globe.

Declared a 'game-changer' by the Hague Conference Secretary General, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has introduced international obligations of unprecedented sweep and power. Now, this authoritative treatise provides the diplomatic background and the historical context for the Convention, discussing the law on judgments recognition in the absence of the Convention's ratification. After recounting the twenty-seven-year history of the negotiations leading to the Convention's conclusion, it offers an article-by-article discussion of each provision. It also considers paths not taken, advancing possible solutions to address future pressures and developments. Authored by experts directly involved in the Convention's drafting, this volume is designed to be an indispensable source for lawyers, judges, and legislators in the adoption, implementation, and use of the 2019 Hague Judgments Convention. Readers will be left with a clearer understanding of the purpose behind each provision, any differences that might have led to compromise in the Convention's language, and the positions stated by national delegations during the negotiations.

Opinions issued by the Standing Committee on Ethics and Professional Responsibility.

Contemporary research on the genealogy of human rights and the foundations of international law has brought renewed interest to the study of natural law in the early-modern period. German-born Samuel Pufendorf (1632-1694) is one of the eminent thinkers of this tradition, shaping the period's natural jurisprudence. This unique collection of essays edited by historian of political thought Peter Schroder fills in a gap in Pufendorf scholarship, exploring the significance of his contributions to political and legal thought on a broad scale. While many books studying Pufendorf's work are confined to one specific academic area, Pufendorf's International Political and Legal Thought is truly interdisciplinary, and the first book to substantially address the international aspect of Pufendorf's work. Ambitious and accessible, this collection is indispensable for scholars and students of intellectual history, political thought, international legal history, the Enlightenment, and political economy. With its focus on international law, Pufendorf's International Political and Legal Thought is a critical addition to the existing body of work on this renowned philosopher and jurist.

The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky's question - of whom is this right and to what? - haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.

This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term 'investment' in Art. 25 ICSID Convention has - despite not being defined - some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of 'investment' found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highlighting commonalities with, and differences from, definitions found in investment treaties. Finally, it examines the investment status of several specific categories of assets and operations. The Concept of Investment in ICSID Arbitration offers not only a detailed analysis of the relevant case law, legislation, and scholarship, but also a critical assessment of existing practices and trends, as well as normative recommendations. It also explores issues that are neglected in the existing literature, such as the question of the nature of investment, recent trends in treaty drafting and arbitral case law, and definitions of 'investment' contained in investment laws. Despite its formal focus on ICSID arbitration, significant portions of the book are also relevant for other forms of investor-state arbitration.

Law school is different. Incoming students, confronted with an entirely new vocabulary and unfamiliar with the discipline's unique and demanding educational methods, are often disoriented. This book is designed to give these students a head start, both by introducing them to the fundamentals of the legal process and by helping them acquire the study skills necessary for success. Starting Off Right in Law School introduces new law students to the practice and study of law by following a lawsuit from its inception through the appeals process, illustrating what lawyers actually do, how they prepare, how they interact with clients and in courtrooms, how a lawsuit proceeds, and how students can effectively read and analyze cases, outline, and apply what they have learned on the exams

Fast Trackis the story of the rise and fall of U.S. leadership in international trade. Fast Track authority is the process Congress devised to approve trade agreements, giving Congress input into negotiations in exchange for a timely up-or-down vote. Foes derided it as a procedural gimmick, but it helped forge a bipartisan consensus on trade policy. Despite its successes, it was also fragile. The bipartisan consensus has since frayed and Fast Track has lapsed, allowing other countries to fill the void. This book discusses how Fast Track worked and offers a path for rebuilding consensus in favor of its renewal.

This book is the second edition of our essential guide to all of the issues that Indigenous people (both offenders and victims) face in the criminal justice system. Jonathan explores the major inquiries and cases, Gladue Court and reports, sentencing circles, and a host of emerging issues. Major updates are being written for Chapters 2, 5, and 6. Jonathan will be adding a new chapter on Indigenous offenders and Fetal Alcohol Spectrum Disorders (FASD).

This volume brings together a series of discussions by scholars from a range of disciplinary, (trans)regional and epistemic perspectives that came out of the Berlin-based "co2libri" networking initiative, with longstanding collaborative partners based in the global South. "Co2libri" stands for "conceptual collaboration: living borderless research interaction". As an interdisciplinary and transregional oriented initiative, co2libri envisages a multicentric perspective that integrates neglected positions of Southern theory and praxis into the heart of academic conversations. Co2libri's collaborative endeavor builds on long-standing active connections with partners in Africa, South and Southeast Asia, and the Middle East. Instead of setting an agenda from the North, it proposes to figure out ways forward through collaborative engagement, building on relationships of mutual trust. Using formats that facilitate substantial and open-ended discussion, we are re-thinking theory and method, academic practices, and research ethics, while keeping material inequalities in view. Contributors to this edited volume are working toward the implementation of various innovative activities, research perspectives and collaboration formats which all subscribe to the principle of dialogue on equal footing with scholars and activists based in divergent positionalities along and beyond the Global North-South divide. In different ways, the authors work toward the goal of producing more adequate, and more sensitive, critical knowledge, and applying a fresh view to approach, methods, and ethical standards. Overall, the volume works, sometimes in exploratory ways, with alternative frames of reference while it presents diverse theorizations of lived experiences.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.

This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region's legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.

A deep dive into the mechanics of national human rights institutions and the forces that make or break their success. In the years since World War II, the endeavor to promote human rights has gained momentum and become increasingly important within international relations. Yet these efforts often run into serious problems of enforcement. Many countries formed national human rights institutions (NHRIs) with independent mandates to support and monitor government compliance with international human rights law. Be they commissions, ombudsmen, or tribunals, these institutions vary in their power and impact. For this book, Corina Lacatus surveyed NHRIs in Europe and around the world to determine their effectiveness and explain why some succeed while others fail. The Strength of Our Commitments explores the relationship between the domestic and international support an institution receives and its ability to secure resources, credibility, and tangibly improve human rights conditions. Lacatus shows that NHRIs can be models of resilience, even in the face of opposition from political elites. Although their impact on human rights is difficult to measure, The Strength of Our Commitments shows how NHRIs' strength comes from clearly defined formal powers, strong institutional leadership, and independence from political interference.

In Struggles for the Human, Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism's deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities' lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives.

Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties--making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity. It wasn't always so. Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. But a handful of little-noticed changes in the late twentieth century brought about a new enclosure of the cultural commons, concentrating ownership of immaterial goods in very few hands. Copyright's metastasis can't be understood without knowing its backstory, a long tangle of high ideals, low greed, opportunism, and word-mangling that allowed poems and novels (and now, even ringtones and databases) to be treated as if they were no different from farms and houses. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. Nonetheless, countless revisions have made copyright ever stronger. Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.

In September 1997, the Anti-Personnel Mine Ban Convention (APMBC) was adopted by UN Member States at a dedicated diplomatic conference in Oslo. A disarmament treaty with clear and expansive humanitarian aims, the APMBC represented the culmination of many years of energetic campaigning. The Convention has since garnered the support of over 160 States Parties, yet some of its core provisions remain under scrutiny. Stuart Casey-Maslen's article-by-article commentary on the 1997 Anti-Personnel Mine Ban Convention addresses international law and State practice on anti-personnel mines in the first twenty-five years of the lifetime of this disarmament treaty. It builds upon the author's first commentary on the Convention, published by Oxford University Press in 2003, and the revised edition issued in 2005. Whereas the two earlier editions focused on the negotiating history of the APMBC, this new edition provides insight into State and treaty practice up to now. It comprehensively details the use of anti-personnel mines through to the present day, the destruction of landmine stockpiles, and mine clearance in every affected nation. An authoritative and current commentary on the Anti-Personnel Mine Ban Convention, this new edition will be a crucial asset for diplomats, international lawyers, and academics seeking to interpret this instrumental piece of disarmament law.

The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.

Why it's time to enshrine the right to vote in the Constitution Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election. The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what's in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.

The criminal justice system is complicated. Understand it and your rights. This book demystifies the complex rules and procedures of criminal law. It explains how the system works, why police, lawyers, and judges do what they do, and what suspects, defendants, and prisoners can expect. It also provides critical information on working with a lawyer. In plain English, The Criminal Law Handbook covers: search and seizure arrest, booking, and bail Miranda rights arraignment plea bargains trials sentencing common defenses working with defense attorneys constitutional rights juvenile court legal terms and definitions appeals public defenders victims' rights This edition is completely updated, covering the latest in criminal law, including U.S. Supreme Court cases.

In this masterful work, Manoj Mitta examines the endurance and violence of the Hindu caste system through the lens of the law. Linking two centuries of legal reform with social movements, he unearths the characters, speeches, confusions and decisions that have shaped the war on caste, mitigating how this ancient institution discriminated between Hindus across the board. Where they could live, how they could dress, whether they could go to a shop, a stream, walk a street or mingle, enter a temple, whom and how they could marry, which scriptures applied to whom, whether their actions, innocent or criminal, would attract punishment or impunity. Describing brilliantly the passage of Hinduism into its modern avatar, the book celebrates women and men across the caste spectrum--pioneers Savitribai Phule, M.C. Rajah, R. Veerian, B.R. Ambedkar, Periyar, Vithalbhai Patel and others--and outside of the caste system, such as non-Hindu legislators and administrators, including Maneckji Dadabhoy, William Bentinck and Lord Willingdon. It re-examines the positions of leading lights such as Motilal Nehru, Thomas Munro, Mahatma Gandhi and C. Rajagopalachari, and shows why caste prejudice cleaves to names like Madan Mohan Malviya and Surendra Nath Banerjea. Through these histories of reform, Mitta establishes that untouchability is merely the best-known aspect of varna, an elusive purity-based hierarchy that affects the freedoms of all. With ground-breaking discoveries and incisive insight, Caste Pride is at once moving, enlightening and transformative.

The book dives into the history of sedition and censorship in colonial India. Closely examining 100 texts that the British Empire banned, censored or deemed seditious, the work brings to life these lost gems from India's freedom, cultural, and social movements. It includes writing by figures famous and obscure, of events immortalized and forgotten, by Indians and non-Indians, by people jailed and free, by politicians and missionaries, by travelers and novelists, and in several Indian as well as European languages. Each excerpt illuminates not just its author's thought processes, but the times in which it was composed and circulated.

The word "trial" comes from the 12th Century Gallo-Roman triare, meaning, "to separate out (the good) by examination." Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and What They Can Teach Trial Lawyers attempts to entertain, explore, and share lessons from this process of examination. Throughout many of these stories and lessons learned, run three general Core Themes: Know your court.Tell your story.Do the right thing.

A handbook to be used as a desk reference for a paralegal

This book provides an actionable roadmap for leaders to enhance client-centricity, shift mindsets, and create the right teaming climate so that a culture of collaboration, innovation, and inclusivity can thrive. Derived from over 280 interviews with senior executives in professional services and their clients--along with hands on experience leading hundreds of multidisciplinary teams on innovation journeys--Professor DeStefano reveals the path to successful collaboration and innovation efforts in professional services, including how to avoid the pitfalls that lead to failure.

In countless ways we are affected by international environmental norms: some social, others legal; some quite general, others very specific. For example, the norms limiting the refrigerants used in air conditioners have been agreed upon in legal form internationally, and are mandated and enforced by national governments. The sustainable fishery and forestry standards used by Carrefour and Ikea were developed more informally by environmental groups and businesses, and are applied to producers through supply-chain contracts, without any government involvement. The reluctance to eat tuna fish or own elephant ivory reflects more general social norms, disseminated through education and culture. How and why do these norms arise? In what ways do they affect behavior? Do they change what states and individuals actually do and, if so, why? How effective are they in solving international environmental problems? In the second edition of The Art and Craft of International Environmental Law, Daniel Bodansky and Harro van Asselt explore these and other questions. Revisions cover the numerous developments spanning the 13 years since the first edition was published. New chapters address the growing role of environmental NGOs and the increasingly complex architecture of environmental law involving multiple institutions, levels of governance, and actors. Recent research has been incorporated on treaty design and policy implementation and effectiveness, and greater attention has been given to the role of the judiciary in standard-setting, implementation, and enforcement. A sophisticated yet highly readable introduction to how international environmental law works (and sometimes doesn't work), this book is essential reading for a wide audience.

NEW YORK TIMES BESTSELLER * The Pulitzer Prize-finalist and author of the breakout bestseller There There ("Pure soaring beauty."The New York Times Book Review) delivers a masterful follow-up to his already classic first novel. Extending his constellation of narratives into the past and future, Tommy Orange traces the legacies of the Sand Creek Massacre of 1864 and the Carlisle Indian Industrial School through three generations of a family in a story that is by turns shattering and wondrous. "For the sake of knowing, of understanding, Wandering Stars blew my heart into a thousand pieces and put it all back together again. This is a masterwork that will not be forgotten, a masterwork that will forever be part of you." --Morgan Talty, bestselling author of Night of the Living Rez Colorado, 1864. Star, a young survivor of the Sand Creek Massacre, is brought to the Fort Marion prison castle,where he is forced to learn English and practice Christianity by Richard Henry Pratt, an evangelical prison guard who will go on to found the Carlisle Indian Industrial School, an institution dedicated to the eradication of Native history, culture, and identity. A generation later, Star's son, Charles, is sent to the school, where he is brutalized by the man who was once his father's jailer. Under Pratt's harsh treatment, Charles clings to moments he shares with a young fellow student, Opal Viola, as the two envision a future away from the institutional violence that follows their bloodlines. In a novel that is by turns shattering and wondrous, Tommy Orange has conjured the ancestors of the family readers first fell in love with in There There--warriors, drunks, outlaws, addicts--asking what it means to bethe children and grandchildren of massacre. Wandering Stars is a novel about epigenetic and generational trauma that has the force and vision of a modern epic, an exceptionally powerful new book from one of the most exciting writers at work today and soaring confirmation of Tommy Orange's monumental gifts.