New Books

This book provides insight into the significance of the law of outer space in promoting order, cooperation, and peaceful activities in space. It emphasizes the advantages of having a legal framework in place to govern space exploration and utilization, rather than relying on power and force. 

The leading guide to clear writing--and clear thinking--in the legal profession for more than two decades, now newly updated.   Admirably clear, concise, down-to-earth, and powerful--all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. Since 2001, Bryan A. Garner's Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book's principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. For this third edition, Garner has retained the structure of the previous versions, with updates and new material throughout. There are new sections on making your writing vivid and concrete and on using graphics to enhance your argument. The coverage and examples of key topics such as achieving parallelism, avoiding legalese, writing effective openers and summaries, and weaving quotations into your text have also been expanded. And the sample legal documents and exercises have been updated, while newly added checklists provide quick summaries of each section.   Altogether, this new edition will be the most useful yet for legal professionals and students seeking to improve their prose.  

In this thoroughly revised second edition, editors Bård A. Andreassen, Claire Methven O'Brien and Hans-Otto Sano continue to advance current discussions on human rights research methodology, bringing together an array of leading scholars to offer instruction and guidance on different approaches to the subject area. Research Methods in Human Rightsbridges the methodological deficit that is often compounded by the interdisciplinary nature of human rights research, providing an up-to-date assessment of the topic. New chapters include discussions of comparative human rights law, qualitative methods of data generation and analysis, methodological challenges facing human rights-based approaches, and the impact of new and emerging digital technologies. Crucially, the book effectively explores the complexities which arise when conducting human rights research at the crossroads of different academic disciplines, and puts forward an agenda for best practice. Offering a contemporary overview of this ever-evolving subject, this Research Handbook will be an excellent reference tool for academics, researchers and students in human rights, law and development, public international law and development studies. Given the recent prominence of human rights discourse at both national and international levels, this book will also be of great benefit to human rights practitioners and policy-makers.

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law (PIL) from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues. Featuring contributions from carefully selected eminent scholars, the Research Handbook is structured in three thematic sections. The first section explores the divide between public and private approaches to PIL regulation and research, covering human rights perspectives and key private initiatives in regulation. Moving on to address classical and modern research methodologies in PIL, the second section examines comparative law, empirical, economic and technical approaches and considers the influence of technology. The final section concludes with a discussion of crucial societal and educational aspects of PIL. Research Methods in Private International Lawwill prove an essential reference for academics, researchers, and students of law with a particular interest in PIL, human rights law and research methods in law. Its practical focus on methodology will also be of benefit to policymakers and legal practitioners in the PIL field.

A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism--the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it "The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book is vital for understanding why the world sucks right now."--Elie Mystal, author of Allow Me to Retort There is no one true way to interpret the Constitution, but that's not what originalists want you to think. They'd rather we be held hostage to their "objective" theory that our rights and liberties are bound by history--an idea that was once confined to the fringes of academia. Americans saw just how subjective originalism can be when the Supreme Court cherry-picked the past to deny bodily autonomy to millions of Americans in Dobbs v. Jackson Women's Health. Though originalism is supposed to be a serious intellectual theory, a closer look reveals its many inherent faults, as it deliberately over-emphasizes a version of history that treats civil rights gains as categorically suspect. According to Madiba K. Dennie, it's time to let it go. Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitution's ideals from originalist ideology and underscores the ambition of the Reconstruction Amendments, which were adopted in the wake of the Civil War and sought to build a democracy with equal membership for marginalized persons. The Originalism Trap argues that the law must serve to make that promise of democracy real. Seamlessly blending scholarship with sass and written for law people and laypeople alike, The Originalism Trap shows readers that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courts--and the Constitution--increasingly become political battlegrounds, The Originalism Trap is a necessary guide to what's at stake and a vision for a more just future.

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks. State Responsibility and Terrorismunderlines the conceptual foundations of State responsibility before expertly examining the consequences for the commission of terrorist acts, complicity, and the failure to prevent and punish these crimes. Also, the book explores how conditions for the lawful use of force change according to State involvement, simultaneously dissecting the feasibility of complicity between States and non-State actors for terrorist conduct. Incorporating relevant contemporary case law and literature, examples include the 1979 Tehran Hostages case and the 2005 London bombings. In this framework, chapters discuss the Articles on State Responsibility for Internationally Wrongful Acts and assess the erga omnes character of the prohibition of terrorism in international law. Innovative and insightful, this book is a crucial resource for students and academics in public international law, as well as terrorism and security law. It is also beneficial to practitioners in international dispute settlement for reference to recent debates on international terrorism and State responsibility.

This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. Key Features: Three new chapters covering AI in the Financial Sector, Bank-Fintech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States Examination of potential blockchain and artificial intelligence applications in the financial services industry Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.

In the second half of 2020 and continuing into 2021, protests against racial injustice spread across the United States after the death of George Floyd while in the custody of Minneapolis Police Department officers. Members of the press covered these demonstrations, documenting what transpired and conveying the important messages involved. In so doing, the news media held law enforcement accountable through critical reporting on the actions of the police, with police officers responding in part by intimidating journalists in the field using force and arrest--this in the name of keeping the peace and protecting the public from further harm.   What transpired during this troubled time cast a bright light on the contemporary relationship between the press and police in the United States. The relationship between these two fundamental institutions is, however, a long and complicated one, dating back to colonial British North America. In the mid-19th century, (1830s-1850s) both the press and the police began to take their modern forms, and since then have continued to develop, routinely interacting with each other as journalists and police officers often found themselves responding to the same crimes and events. At times, members of both institutions managed to co-exist or even cooperate and made efforts to help one another, while at other times they butted heads to the point of conflict, the professional boundaries between journalists and police officers seemingly blurred.   As both the press and the police have fallen under deep scrutiny in more modern times, the present moment marks what is, perhaps, an opportune time to focus on the political, economic, social, and technological problems they face. In "Pressing the Police and Policing the Press," Scott Memmel offers the first book-length study of the history and legal landscape of the press-police relationship. Each chapter focuses on interactions between the press and the police during a particular era, introducing relevant societal context and how both institutions evolved and responded to that context. Memmel concludes his study with recommendations on how, going forward, the press and the police might work together to tackle some of the similar issues they face and better serve the public.  

This concise text frames legal writing as a process built around a set of predictable, principle-driven decision points. It empowers students to navigate those decision points with confidence because, rather than treating memos, briefs, and letters as skillsets unto themselves, it teaches a consistent process applicable to all documents students are likely to face throughout their careers.Centering both traditional and critical approaches, as well as intercultural communication skills, the book helps students learn the fundamentals of deductive reasoning and CREAC, while also introducing analytical and rhetorical tools for when existing laws or conventions are likely to produce injustice.Three foundational chapters describe step-by-step processes for conducting legal analysis, legal writing, and legal citation, respectively. The remaining chapters equip students to practice applying the fundamental processes to common settings such as predictive writing for law-trained audiences (memos, letters, and emails); oral presentations; advisory writing for lay clients; and persuasive writing to opposing parties and decision makers. Finally, the Appendix provides robustly annotated examples including a legal memorandum, an executive summary email, a letter to a lay client, and a trial court brief.Designed primarily for 1Ls, this text may be useful as well for upper-level students whose 1L instruction employed a document-specific text rather than a process-oriented one. It synthesizes legal writing fundamentals into an adaptable, process-oriented, practice-ready framework replicable across document types.For further context on the book's main purposes and themes, please watch this author interview.

The UN human rights treaty bodies are still in need of reform, since past initiatives were not as successful as hoped. Therefore, to secure the effective dischargement of their various mandates, particularly under the reporting procedure, the Committees need to be reformers on their own. Nils-Hendrik Grohmann delineates the Committees' powers from both a practical and theoretical perspective and demonstrates how far their legal mandates can reach. Effectiveness-orientated interpretation of procedural provisions that already endow the Committees with certain powers, allows for the extension of mandates. Thereby, the Committees can introduce new powers without State consent. In doing so, they are well-advised to approach the reporting procedure holistically, to develop coherent procedural approaches and to take into consideration the considerable overlap in terms of substantive provisions under the nine UN human rights treaties. Another key factor for reform is cooperation itself among the Committees, which increased in recent years through the Meeting of Chairpersons.

Preston Shipp imagined life as a prosecutor would be scripted like his heroes on TV, fighting the good fight as a good guy putting the bad guys in jail where they belonged. But a different storyline awaited him. When a twist of fate revealed to him how he enabled an unjust sentence for a 16-year-old, Preston discovered that in the justice according to Jesus, adversaries can become allies. In this book, Shipp shares his evolution from prosecutor to advocate. Through his unflinchingly candid narrative, Shipp inspires hope and underscores the transformative power of empathy and redemption - and issues a call to reform America's juvenile justice system.

This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.

Explores the historical development and severe ramifications of America's strict abortion regulations. Nearly one in four women in the United States undergoes an abortion during their life. In Regulating Abortion, Deborah R. McFarlane and Wendy L. Hansen uncover the history of the complex web of regulations surrounding abortion in the United States and shed light on the stark reality of this heavily regulated and politically divisive health care service. McFarlane and Hansen delve into the historical development of abortion regulations since Roe v. Wade. They explore the underlying reasons for the extensive regulation of what they assert is a routine and safe medical procedure. The authors examine the multitude of factors that influence state-level abortion policies, including party affiliation, religion, the representation of women in legislatures, and political contributions. By demonstrating how these factors shape the landscape of abortion regulation across different states, they reveal the varying methods and justifications used to either restrict or protect abortion access, with a particular focus on the disproportionate impacts on women of color. The recent landmark US Supreme Court decision in Dobbs v. Jackson Women's Health Organization overturned long-standing precedents. McFarlane and Hansen provide timely insights into the implications of this ruling and how it further amplifies the disparities among states in regulating abortion. An essential resource for understanding the influences driving this divide, Regulating Abortion offers a comprehensive analysis of US abortion policy contextualized by relevant Supreme Court decisions and a comparative exploration of abortion regulation in Western Europe.

In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.

Public Interest Considerations in US Merger Control: An Assessment of National Security and Sectoral Regulators offers a detailed study of the enforcement goals and regulatory framework of merger control assessment in the US. Assessment approaches vary considerably across sectors and Kokkoris explores the different approaches adopted by a range of US regulatory authorities, including the Committee on Foreign Investment in the United States, the Federal Communications Commission, the Department of Transportation, and the Board of Governors of the Federal Reserve System. Kokkoris argues that US merger assessments can be convoluted as transactions can be assessed under a public interest test by one sectoral authority and under a competition test by the Federal Trade Commission or the Department of Justice. These overlapping approaches can lead to contradictory outcomes, resulting in ineffective competitive dynamics in the sectoral market. The book focuses on the composition, legislation, and the relevant public interest considerations of each regulatory authority and presents seminal cases that illustrate the different enforcement approaches as well as the possible discrepancies between competition law-based assessments and national security or public interest-based assessments. Distilling all these considerations, Public Interest Considerations in Merger Control suggests that the application of the varying shades of the public interest standard can result in a complex and inefficient merger review process and recommends new ways to address these inefficiencies.