New Books: September 2023

What does it mean that human rights derive from human dignity? And what is the foundation of human dignity? How are human dignity and its foundation connected? Is the recent development of natural sciences dealing with human nature, like evolutionary psychology, relevant to these questions?  The book addresses these points by connecting the discussion on the foundations of human rights with the recent claims regarding human nature made in evolutionary psychology, and with contemporary analytic metaphysics, especially the relation of metaphysical grounding. It offers in-depth insights into the so-called naturalistic approach to human rights, together with detailed proposals on how the approach could be truly naturalized in the philosophical sense. It shows how human rights and human dignity may have foundations in natural facts about human nature and offers a detailed analysis of how the "is" / "ought" gap problematic can be solved. The book also addresses the objection of Western ethnocentrism - unlike most of the contemporary philosophical accounts of human rights, which draw on highly individualistic Western concepts, it employs concepts like altruism and cooperation. 

In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, "reading the law forward"--what some call judicial pragmatism or consequentialism--is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. "In the hands of America's leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society," Hoffer convincingly argues.

This book is a concise and accessible introduction to the problem of war crimes in modern history, emphasizing the development of laws aimed at regulating the conduct of armed conflict developed from the 19th Century to the present. Bringing together multiple strands of recent research in history, political science, and law the book starts with an overview of the attempts across the pre-modern world to regulate the initiation, conduct, and outcomes of war. It them moves on to present a survey of the legal revolution of the 19th Century when, amidst a global welter of colonial wars, the first body of formal codes and laws relating to distinguishing legal from criminal conduct in war was developed. Further chapters investigate failed but influential attempts to develop the laws of war in the post-World War I period, summarize the major landmarks in international law related to war crimes, such as the Hague conventions and the Nuremberg and Tokyo trials, as well as hundreds of lesser-known post-World War II trials in Europe and Asia. It also looks at the origins and debated significance of the Genocide Convention of 1948 and the 1949 Geneva Conventions accounts for the acceleration worldwide of war crimes investigations and trials from the 1970s into the 2000s and summarizes current thinking about international law and the rapidly changing nature of warfare worldwide as well as the memorialization of war crimes. Including images, documents, a bibliography highlighting the most recent scholarship, a chronology, who's who, and a glossary, this is the perfect introduction for those wishing to understand the complex field or war crimes history and its politics

This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the 'leading works' of the discipline. Written by prominent and emerging international scholars in the field, each contributor has been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work on the future study of and application to the legal profession. They relate the works to recent and contemporary developments in law and access to justice such as the rise of technology, impact of the Covid-19 pandemic and issues of funding to highlight the interpretative value of such scholarship. Presenting an overview and introduction to the field of legal profession research, the collection will be required reading for researchers looking to study any aspect of the legal profession. It will also prove compelling for a wide variety of access to justice and justice system research projects. The book will also appeal to scholars interested in legal ethics

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

This unique book is designed to introduce non-lawyers to what law is and how it is interpreted and made, and to prepare prospective law students for law school. Although primarily intended for those interested in going to law school, it is also very useful for those who simply want a working knowledge of how the American legal system actually works. The text is highly pragmatic, helping the reader understand not just theory but the realities of how law works and what lawyers actually do to assist clients in the real world. To that end, it contains a sample legal problem along with the necessary legal materials to address it and an illustrative answer.

The January 2018 headline story in the Los Angeles Times was riveting. Andrew from the United States and Elad Dvash-Banks from Israel married in Canada in 2010 when gay couples could not marry in these countries. The couple conceived fraternal twins, Aiden and Ethan, with a Canadian surrogate by means of egg and sperm donation. The two boys were born just four minutes apart. Aiden was conceived with a donated egg and Andrew's sperm cell, and Ethan was conceived with a donated egg (from the same woman) and Elad's sperm cell. Andrew and Elad wished to raise their children in the United States, but when they arrived at the American Consulate in Toronto to apply for citizenship, a staff member fired off a series of "shocking" and humiliating questions, and informed the couple of her authority to require a DNA test to determine each parents' relatedness to each twin-she warned that without these tests neither twin would be granted US citizenship. Andrew and Elad knew which twin each had fathered and had planned on keeping this information confidential. They knew this because DNA analyses had already been performed, but the consulate insisted that these costly tests be repeated using their designated laboratory. Having no alternative, DNA testing was arranged, and results submitted to the consulate. Soon, two envelopes arrived at their home, bearing both welcome and dreaded news: United States citizenship was offered to Aiden, whose father was a US citizen, but not to Ethan, whose father was Israeli. And, thus, their ground-breaking legal journey began. The couple's high-profile lawsuit nearly reached the US Supreme Court, capturing worldwide attention along the way. Nancy Segal brings the story to life through firsthand accounts of each father's life history and analysis of the legal intricacies that threatened to deny US citizenship to one of their twin sons.

The Responsibility to Protect and Counter-Terrorism both 'came of age' at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state. This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).

This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.

In The Laws of Restitution, Robert Stevens shows that there is no unified law of restitution or unjust enrichment. Instead, there are seven or eight different kinds of private law claim, depending on how you count them, which have nothing important in common one with another that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. "Restitution" or "unjust enrichment' should cease to be discussed as unified areas of law. With close attention to caselaw and legislation, the work identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. It explains how the law of restitution relates to, and is bound up with, contract, torts, equity, and property law.

Documents the story of Brandon Teena's coming of age struggle with identity and how his gender ambiguity induced feelings of betrayal, confusion and hostility among residents of a town in Nebraska. Teena arrived in rural Falls City, Nebraska, in 1993 where he found new friends. Three weeks later he was raped and beaten by friends who had discovered that he was actually a woman. A week later the same two men killed Teena along with two other people.

This book is a comprehensive guide to patent application administrative (non-substantive) procedure. Written for anyone engaged in or contemplating patent application, it covers the patenting process from initial invention disclosure by the inventor/applicant through post-grant proceedings. In light of malpractice risk and increasing workload, it is vital for practitioners to work effectively and efficiently. This manual provides a tool for promoting the quality of application conduct by enhancing mindfulness of the practitioner to procedural options available at any given point during the application protocol. It will aid the practitioner in anticipating the Patent Office's actions, as well as elevate the practitioner's awareness of options available in prosecuting an application.

Technology in Construction Law is a resource and practical reference for construction lawyers who are looking for basic information about the various types of technology now being used in design and construction, or who want guidance on how to gather and manage the vast quantities of data these technologies generate.

Today's jurors are more easily frustrated, suspicious, and educated in the practices of the legal system, and lawyers must adapt or risk getting left behind. The New Science of Trial Advocacy offers a guide for lawyers on how to work within this new era, less like intimidating experts and more like good waiters, bringing jurors what they want and pointing out what they may have missed.

This book will be very useful to insurance regulatory lawyers, surplus lines brokers, surplus lines insurers, state surplus lines associations, and stamping offices. Much of what was covered in the fifth edition of the book was affected or displaced by the Non-Admitted and Reinsurance Reform Act (NRRA), which was part of Dodd-Frank, and other changes to the law

The focus of Construction Arbitration: The Advocate's Practical Guide is squarely on what you need to know to maximize your effectiveness in the arbitration context - your advance planning for the arbitration, your conduct as an advocate, your preparation of the case, your presentation of the case at the hearing, and your drafting of post-hearing submissions. Ultimately, this book should provide you with the information you need to fit your own personal style to the needs of a complex construction arbitration.

Commercial General Liability policies are the most common form of liability insurance purchased by both public and private sectors and are also the most litigated insurance product in the marketplace. Providing concise overviews of the most salient points of these policies, this new edition of The Reference Handbook on the Commercial General Liability Policy surveys important developments and issues that can arise from a CGL liability policy.

This must-have resource for business lawyers and corporate and financial service executives provides updated, comprehensive coverage of Truth in Lending law compliance, disclosure, and private enforcement. Written by highly-respected specialists in the field, the treatise discusses important changes in the law and its evolution over the years.

This guide is a one-stop resource for attorneys, legislators, and others to understand how COVID-19 affected the most vulnerable populations in the U.S., and examines important efforts necessary to promote and protect civil rights and civil liberties during crisis. The framework presented--by 30 attorney experts--sets the stage for how to approach and best provide support during times of pandemic. Reducing the devastating effects of the ongoing COVID-19 pandemic on underserved and historically disadvantaged communities is a high priority to achieve health equity and social justice. This resource explains how COVID-19 exacerbated disparities rooted in historical structural inequalities and provides a full picture of how different populations are affected in times of emergency. The book provides guidance for attorneys, policymakers, elected officials, businesses, and citizens so they can work together to address inequities in the aftermath of COVID-19 and during future pandemics. Leading experts explore how most fundamental rights--which include housing, health care, voting practices, and religion--were challenged by the health emergency. This valuable guide raises awareness of these issues and examines: How the virus heightened threats to immigrants, people with disabilities, and historically disadvantaged students The chronic underfunding of the Native American health system The impact of the virus on Asian Americans The role climate change played in the pandemic How lawyers and governments can work to alleviate a pandemic's worst effects The necessity to increase access to justice in the courts How to minimize the harms to incarcerated people in prison The tax system and how to deliver economic relief during times of shutdown The future of public health mandates and what needs to change to better protect us all

This comprehensive guide contains model contract clauses (MCCs) that companies and their counsel can use to implement balanced, responsible, and sustainable corporate policies to protect human rights and the environment. The guide provides legal analysis from practicing lawyers and prominent scholars and includes extensive explanatory materials to help adapt and implement the MCCs.

What do you say when a potential employer asks, "Tell me about a project that you have managed and what you learned from that experience; tell me specifically about how you handled a difficult team member in implementing the project?" If you are like most law students, the slightest mention of "project management" or "difficult team member" makes you cringe, evoking painful memories of free-riding classmates. Once your discomfort passes, you either struggle to come up with a meaningful answer or fail to think of an experience demonstrating your project management and teamwork competencies. Would it surprise you to know that was supposed to be an easy question? What happens when you get a tricky question, such as, "What value do you bring beyond just technical legal skills to help our clients be successful?" The Roadmap process transforms this type of challenging question into an opportunity to differentiate yourself from other students. You will not need to wait for a specific question about the value you bring beyond technical legal skills to help legal employers and clients. Instead, you will understand what skills legal employers and clients need and will be able to explain how your strongest skills can help them succeed. You will be prepared with your best stories to demonstrate persuasive evidence of your strongest skills.

Clearly written and informative, this updated and expanded edition explains the most critical aspects involved in creating a premarital agreement. Includes a model agreement, sample letters and forms, and summary of the law in all 51 jurisdictions.

A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics - and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.

Although they are nonviolent, white collar crimes are hardly victimless. These crimes bring significant losses to individual investors and also can result in severe damage to the entire US economy. Insider trading, corporate fraud, tax evasion, and money laundering all fall under this umbrella, and there are many more offenses to join them. The explosion of the internet and related technology has only added to the list of white collar crimes. But unlike many violent crimes, white collar offenses can be difficult to uncover and difficult to prosecute. The expert viewpoints in this volume examine the topic in fascinating detail.

Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).

Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality and the evidence for it. That law and storytelling are connected is a common trope, but we know surprisingly little about the intricate role storytelling plays in criminal cases and wrongful convictions in particular. This book questions the effectiveness of the adversarial contest between prosecutor and defense as a means to arrive at the truth and argues that narrative is an important a factor in the construction of legal reality. Wrongful convictions exemplify that narrative and truth have an uncomfortable relationship. Ralph Grunewald provides a retelling and reading of well-known miscarriages of justice, including the best-known wrongful conviction in Germany. Applying a comparative perspective shows that the narrative desire as a human trait has a universal power with a persistence that transcends the regulatory and procedural setup of a given system. Narratives of Guilt and Innocence puts wrongful convictions into an interdisciplinary and comparative context and vividly demonstrates just how much the process of storytelling affects legal reality.

The Logic of the Transfer Taxes: A Guide to the Federal Taxation of Wealth Transfers offers a broad survey of the federal transfer tax system. It thoroughly covers all of the fundamental rules of the gift, estate and generation skipping transfer taxes and provides numerous illustrative examples. It also offers a glimpse of some popular tax planning techniques, including FLPs, GRATS and IDGT'S, and the Special Valuation Rules of Chapter 14. It is appropriate for use as a coursebook for a two or three credit JD or LLM course, or as a reference for newcomers to the area. The Second Edition incorporates changes to the law made by the Tax Cuts and Jobs Act of 2017.

This critically-acclaimed treatise provides both newcomers and experts with clear, accessible, and comprehensive materials and critical comparative analyses for the study of Islamic Law. It embraces the entire history, religion, and law of Islam, both Sunni and Shī'a, and covers all pertinent fields: banking and finance, constitutional law, contracts, criminal law, family law, inheritance, international law, and property. The book includes a user-friendly Glossary of Arabic terms, in English, with diacritical marks to assist in pronunciation. Balanced, logically organized, and well-written, the text can be used without supplementation in a one-semester Islamic Law course, and it has been used in law schools and graduate programs around the world and in programs for United States Special Operations Forces. Every chapter is thoroughly updated to incorporate recent developments and scholarship, with new chapters on the Constitution of Iran, the Taliban, and the Afghanistan War

"WHY DO I NEED A WILL, OR TRUST, OR POWER OF ATTORNEY?" "WHAT HAPPENS IF I DON'T HAVE ANYTHING IN PLACE AT ALL?" The simple answer is ... YOU ONLY DIE ONCE. But what really does happen if you pass away and don't have a plan in place? This topic is a difficult one to begin discussing, and once you do start to talk about it, it can sometimes be impossible to comprehend or you receive legal advice that only confuses the matter. This book was written with an eye toward simplicity and keeping it easy to understand for everyone. It will be your guide to understanding what estate planning is, what documents make up a good plan, how those documents work, and what happens if you don't have a plan in place. From wills, to trusts and everything in between, this book provides the groundwork so you can understand the basics. Should you make a plan for yourself? Do you need a lawyer? What is a living will? All of these questions and more are answered inside.

Authors emeritus professor Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patents, trademarks, and copyright laws. Authoritative treatment of all relevant doctrines and the latest statutory and judicial changes, with up-to-date coverage provided by associate professor of legal research, Dana Neacşu. Text further addresses relevant torts, property, antitrust, regulatory, and federalism intersections with intellectual property law.

This new edition is a invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. The Business Tax Return Handbook, Fifth Edition supplies hypothetical examples to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses.

It used to be that the path to a successful career as a corporate lawyer was found in private practice. In recent years this has changed dramatically with corporate lawyers building satisfying, engaging, and rewarding careers as in-house counsel. With the right career transition, you can rediscover your passion for business law and build the fulfilling career you deserve. Start your journey from private practice into a successful position as an in-house lawyer. With crisp, original insight, Corporate Counsel is your guide to becoming a successful in-house lawyer.

In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity incontemporary America.The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment ofreligion"? And what is a law "respecting" it?Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue theEstablishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices.In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the earlyRepublic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largelyimplemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is bestunderstood as a constitutional commitment for Americans to agree to disagree about matters of faith.

In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy

On April 29, 1946, the International Military Tribunal for the Far East, also known as the IMTFE, the Tokyo Tribunal or the Tokyo Trials, began. This unique trial lasted for over 2½ years, with judges from 11 nations and only 28 defendants, all of whom were found guilty of various crimes against humanity and crimes against the peace. Both of these phrases were first used in this and its European counterpart, the International Military Tribunal. Though over the course of time other tribunals have become more well known, the Tokyo Tribunal was pivotal in the establishment of this means of international justice. This book is intended to bring the research of this trial up to date. In this book, Jim Mumm has sought to look at all of the literature since 2000 that focuses in whole or in part on this unique Japanese trial. The book will include a timeline that includes background events which were influential in establishing both the IMT and the IMTFE, as well as information on source documents from the era of the trials and literature that has not been included in previous bibliographies. While not intending to replicate other bibliographies, it will also point to major works from the 20th century.

Through an analysis of the use of drones, Rebecca Mignot-Mahdavi explores the ways in which, in the context of counterterrorism, war, technology and the law interact and reshape one another. She demonstrates that drone programs are techno-legal machineries that facilitate and accelerate the emergence of a new kind of warfare. This new model of warfare is individualized and de-materialized in the sense that it focuses on threat anticipation and thus consists in identifying dangerous figures (individualized warfare) rather than responding to acts of hostilities (material warfare). Revolving around threat anticipation, drone wars endure over an extensive timeframe and geographical area, to the extent that the use of drones may even be seen, as appears to be the case for the United States, as part of the normal functioning of the state, with profound consequences for the international legal order.

A searching dialogue between two leading legal scholars exploring the place of law in global affairs. The modern world is legalized: legal language, institutions, and professionals are everywhere. But what is law's power in global life? What does all this legality have to do with hegemony, with hierarchy and inequality, and with the diversity of human experience? What is its history and how does that history matter in world affairs? Above all, what does it mean to think "critically" about law and global affairs? In this poignant and iconoclastic book, two leading scholars take us to the heart of the matter, examining law's relationship with history, power, and political economy. David Kennedy and Martti Koskenniemi have often inspired each other and are both considered "critical" voices in international law, but they have never explored their similarities and differences as deeply as they do here. Of Law and the World takes the form of a conversation, as the authors reflect on the study of international law, the motivations underlying their research, and the payoffs and limitations of their investigations into law's role in global affairs. They revisit and renew debates about the past and future of the many legalities that shape our world. Erudite, open-minded, and informed by decades of experience and observation, Of Law and the World is an unflinchingly honest confrontation with humanity's struggle to live together.

Current advancements in civil rights and environmental activism emphasize the crucial importance of making environmental information widely available to the public, regardless of whether it is in the hands of the government or of corporations, especially when the information is needed to understand and prevent risks for human health and the environment. In the wake of a resurgence of environmental and civil rights activism, conflicts flare between the right of the people to know and the right of private actors to keep certain information hidden, mostly for commercial reasons. This book offers a detailed comparative analysis of how environmental information is being accessed in different countries and jurisdictions, and how these issues are currently being handled by judges and governments. Focusing on the right of access to environmental information held and produced by private actors and the legal issues that emerge when other values and rights are compromised, this book offers an alternative framework to improve on current legal systems, suggesting a more nuanced and balanced approach that takes both set of interests duly into consideration. Providing an integrated approach to public environmental law and private commercial law, the book integrates the arguments from both sides to establish a common ground, defining shared principles and models that provide a solid basis for a robust new system. Reviewing access to private sector information at a truly international level, this book will be relevant to students, academics and practitioners working in these areas

This book examines how legal institutions reify the value of death in the twenty-first century. Its starting point is that bio-technological innovations have extended life to such an extent that death has become an epistemological problem for legal institutions. It explores how legal definitions of death are subject to the governing logic of economisation, how legal technologies for registering a death reshape what kind of deaths are counted during a pandemic, and how technologies for recycling cadaveric tissue problematise the legal status of the corpse. The question that unites each chapter is how legal institutions respond to technologies that bring death before their laws. The book argues for an interdisciplinary approach, informed by the writings of Georges Bataille, Wendy Brown, Georges Canguilhem and Michel Foucault, to understand how legal epistemologies are increasingly disrupted, challenged, and countered by technologies that repurpose death to extend, nourish and foster human life. It contends that legal theorists and social scientists need to rethink doctrinal perspectives of law when theorising how law defines the moment of death, shapes what kind of deaths count, and recycles the debris of the dead. This book will appeal to a broad international readership with research interests in critical theory, political theory, legal theory or death studies; and it will be particularly useful for teachers and students who are searching for an accessible entry point to the study of the intersections between law and death

Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Preparing for a Federal Jury Trial shares proven trial strategies and techniques that can help you win your next federal jury trial. 

The volume examines law in the tension field between objectivity and power: is law an instrument of the powerful or - on the contrary - an objective reality that limits power? The book deals with this question through an international, interdisciplinary and intradisciplinary approach. In doing so, it does not only take a theoretical perspective. Instead, it integrates insights from practical, doctrinal contributions as well. In that way, the book follows the idea of Constitutional Pragmatism, sketched out in its introductory chapter: each position in the epistemological dispute about the possibilities and limits of objectivity within the law entails normative implications; thus, the constitutional and doctrinal statements that normally settle normative disputes have to be taken into account when talking about epistemological issues as well.

This book flags and contemplates the lurking problem of space crimes that may escalate and expand with diversification of space activities, greater footfall on the celestial bodies and passage of time, for the lack of appropriate solutions. ​It appraises the incumbent problems to evolve solutions and make recommendations regarding space crime situations. Recognizing current situation where commercial space travel has commenced, and space tourism is not far behind, the book takes a pole position on discussing the topic with its endemic challenges. Space transportation is expected to lead to commercial mining of celestial mineral resources from the Moon and asteroids, as has been found technically feasible and commercially viable. Space-specific products have been identified for industrial mining, processing, and manufacturing, for which manpower would be necessary, howsoever minimal, despite artificial intelligence devices. Blueprints for space habitations on the Moon and Mars are being prepared. In this scenario, where outer space and celestial bodies may soon be inhabited by multi-nationality, multi-ethnic and multi-cultural groupings of tourists, workers, and residents, given cramped and not so comfortable or private living spaces, attitudinal disparities and conflicting beliefs, differences, disputes, conflicts, and crimes are sure to raise their head. Economic activity and business culture may usher in crimes of competition and spying on intellectual property. Space crimes through technologies like cyber, lasers, etc., may also permeate the space domain for ill-intentioned abuses. The criminals may be individuals or collective groups or incognito terrorists.  The book also discusses crimes and near-crimes that have already occurred in space but have been ignored or condoned. Absence of sovereignty on celestial bodies coupled with crimes in space or on celestial bodies, presents problems of jurisdiction, extradition, and other legal procedures. The dilemma of multi-national judicial systems, legal codes and norms of social justice need to be resolved by a specialized treaty reconciling major bends in the existing system vis-à-vis the nature of space crimes. Limitations in handling such crimes by the existing judicial system under established doctrines of international law by International Court of Justice or International Criminal Court, is highlighted in the book. It has strong take-aways for research scholars, law fraternity, diplomatic corps, judicial administration, policy-makers and the political class, enabling them to pro-actively initiate action for suitable answers.  

Theory and practice go hand-in-hand in the newest edition of Criminal Litigation and Legal Issues in Criminal Procedure. Author Brent Newton merges elements from traditional substantive criminal law or criminal procedure courses with the skills training of a trial advocacy program to create an experiential learning course perfect for the next generation of law students. With short, easy-to-digest scenarios and limited, specific case references, Criminal Litigation and Legal Issues in Criminal Procedure, 5th Edition, allows students to practice their research and advocacy skills in a low-risk environment. New to the 5th Edition: Update scenarios reflecting changes in Supreme Court and lower court case law. Professors and students will benefit from: Combining substantive law from "doctrinal" Criminal Procedure courses with the development of students' courtroom advocacy skills. Learning by doing--every week of the semester. Students role-play prosecutors, defense counsel, and trial judges--providing insights into the law from all three vantage points. An entirely self-contained course--no additional research or resources required. A rare opportunity for law students to develop their public-speaking skills and conquer their fears of public speaking--on a weekly basis.

Every four years, Congress gathers to count electoral votes and certify a winner of the presidential election. That process is usually uneventful. No longer--on January 6, 2021, supporters of former President Donald Trump stormed the Capitol, seeking to overturn President-elect Joe Biden's victory. There is a law meant to prevent the chaos of that day: the Electoral Count Act of 1887 (the "ECA").1 This book will examine the ECA and argue that it is badly in need of reform.

In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Corporate Social Responsibility Across the Globe demonstrates many ways that CSR can be applied by law to overcome regulation and governance challenges around the world. Using interdisciplinary and comparative models and perspectives, the book challenges dominant understandings of CSR, such as neoliberal voluntarism, and demonstrates the regulatory and governance implications of an interdependent relationship between CSR and the law. The book identifies substantive and procedural barriers for CSR in national, public, and private international law. By analyzing, deconstructing, and reframing CSR in these contexts, the book underlines opportunities for more effective application of CSR as a governance mechanism. Chapters investigate relevant regulation concepts, paradigms and approaches for CSR; methods for infusing CSR in corporate governance; and ways to facilitate private regulation of CSR in more developed, emerging, and developing jurisdictions.

This manual is not intended to be an educational piece on substantive law and procedure. Such education falls in the realm of formal paralegal training and the training in individual law offices in the states. This manual is a "how to" on helping your lawyer navigate the administration of effective case and client management, document assembly, hearing, deposition, and trial preparation. Each chapter contains brief and to-the-point discussions of each area, usually with one or more forms or checklists to make things easy

"The jury instructions in this volume pertain to patent law litigation. They are for those among us who, every once in a while, fail to settle a case and therefore must go to trial. When a case is tried before a judge, that judge is presumed to know the law. When the case is tried before a jury of laypeople, they are presumed not to know the law. Therefore, they must be provided with a legal road map. These jury instructions are intended to serve that purpose"--

A Practitioner's Guide to Arbitration tells practitioners everything they need to know about how to arbitrate and how arbitration differs from litigating in court. If you want to avoid procedural missteps that can turn into substantive problems, you need to buy this book.

This Hornbook is a comprehensive secondary source for the study of Securities Regulation. It also can serve as a lawyer’s desk book. Coverage includes definition of “security,” registration and disclosure obligations under the Securities Act of 1933, exemptions from registration, reporting obligations under the Securities Exchange Act of 1934, the proxy rules, tender offer regulation, and civil liabilities. The book treats broker-dealer regulation, market regulation, and the administrative role of the SEC, as well as proxy rules, insider trading, the Investment Company Act and the Investment Advisers Act. This new edition reflects recent SEC rulemaking, including important amendments to exemptions from registration, new broker-dealer obligations, as well as recent Supreme Court and many other case law developments.

This book focuses on Wyoming law and legal resources with a goal of serving as a foundational text for law students, practitioners, paralegals, or anyone with an interest in finding Wyoming legal materials. The book covers the initial states of research planning, Wyoming-specific and related federal legal resources, and research strategies and flow charts for pursuing searches in these tools. It is the only treatise that covers Wyoming-specific research in state and general legal materials. This book is part of the Legal Research Series, edited by Tenielle Fordyce-Ruff, Associate Clinical Professor of Law at Arizona State University's Sandra Day O'Connor College of Law.

Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here's why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work.  Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.

An original argument that the answer to mass incarceration lies not with experts and pundits, but with ordinary people taking extraordinary actions together--written by a leading authority on bail reform and social movements From reading books on mass incarceration, one might conclude that the way out of our overly punitive, racially disparate criminal system is to put things in the hands of experts, technocrats able to think their way out of the problem. But, as Jocelyn Simonson points out in her groundbreaking new book, the problems posed by the American carceral state are not just technical puzzles; they present profound moral questions for our time. Radical Acts of Justice tells the stories of ordinary people joining together in collective acts of resistance: paying bail for a stranger, using social media to let the public know what everyday courtroom proceedings are like, making a video about someone's life for a criminal court judge, presenting a budget proposal to the city council. When people join together to contest received ideas of justice and safety, they challenge the ideas that prosecutions and prisons make us safer; that public officials charged with maintaining "law and order" are carrying out the will of the people; and that justice requires putting people in cages. Through collective action, these groups live out new and more radical ideas of what justice can look like. In a book that will be essential reading for those who believe our current systems of policing, criminal law, and prisons are untenable, Jocelyn Simonson shows how to shift power away from the elite actors at the front of the courtroom and toward the swelling collective in the back.

An Everyday Resource for Child Advocacy Over the past several decades a national model for child welfare practice has emerged. In Child Welfare Law and Practice, also known as "The Red Book", experienced NACC authors and child welfare advocates have captured and refined that model, offering a comprehensive guide for those who make child welfare advocacy their priority. Designed as a study guide for attorneys preparing to take the NACC Child Welfare Law Certification Exam, the Red Book serves as a day-to-day guide for child welfare advocates across the country, offering in-depth analysis and instruction on wide variety of topics in the field of child welfare law. Our completely revised third edition includes these new and expanded topics: Indian Child Welfare Act; Investigative interviewing of the child; Counseling legal clients who are children; The practice of child welfare casework; Child safety; Representing parents; Federal due process; Educations goals for children in foster care; The transition of youth from foster care to adulthood

The revival of international criminal tribunals in the mid-1990s has been followed by a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a turn toward domestic accountability in the field of international criminal justice, this book studies how the shadow of international criminal tribunals shapes capacity building, norm internalisation and prosecutions of serious crimes at the national level. Drawing on research in Rwanda, the Democratic Republic of Congo and Sierra Leone, it argues that the 'fight against impunity' reveals dynamics of accommodation, iteration and isolation between states and tribunals. While international prosecutors and judges generally attempt to foster cooperation and decrease tension with government actors, an overly deferential posture vis-à-vis states reduces the likelihood of domestic accountability and may enable governments to consolidate authoritarian power. By interrogating how international accountability stakeholders support their domestic counterparts, this book advocates more dynamic interactions between tribunals and states so as to strengthen the enforcement of international criminal law. This book is suitable for academics and practitioners interested in international (criminal) law, human rights and transitional justice

The global battle among the three dominant digital powers—the United States, China, and the European Union—is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires, her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches—the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model—and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear.Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.

Appointments to the United States Supreme Court are now central events in American political life. Every vacancy unleashes a bitter struggle between Republicans and Democrats over nominees; and once the seat is filled, new justices typically vote in predictable ways. However, this has not always been the case. As late as the middle of the twentieth century, presidents invested little time and effort in finding and vetting nominees, often selecting personal cronies, who senators briskly confirmed. Media coverage was desultory, public opinion was largely non-existent, and the justices often voted independently and erratically. In Making the Supreme Court, Charles M. Cameron and Jonathan P. Kastellec examine 90 years of American political history to show how the growth of federal judicial power from the 1930s onward inspired a multitude of groups struggling to shape judicial policy. Over time, some groups moved beyond lobbying the Court to changing who sits on it. Other groups formed expressly to influence appointments. These activists and organized groups penetrated the national party system so that after about 1980, presidential candidates increasingly pledged to select and confirm nominees who conformed to specific policy and ideological litmus tests. Once in office, these presidents re-shaped the executive selection system to deliver on their promises. Moreover, the selection process for justices turned into media events, often fueled by controversy. As Cameron and Kastellec argue, the result is a new politics aimed squarely at selecting and placing judicial ideologues on the Court. They make the case that this new model gradually transformed how the Court itself operates, turning it into an ideologically driven and polarized branch. Based on rich data and qualitative evidence, Making the Supreme Court provides a sharp lens on the social and political transformations that created a new American politics.

Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.

The world has changed in the last twenty years, and evidence has changed with it. Gone are the days when exhibits consisted of paper documents, photographs, and tangible items. Instead, we live in the era of instant messages, social site accounts that come and go, and online anonymity in need of piercing. Forgery, fraud, and falsehoods have always been with us, but the tools for committing these acts are now easily obtained and widely used. All this presents a host of new challenges to any attorney attempting to use or combat evidence from these sources. Our courts rely on evidence that is reliable and honest, and our job as lawyers is to find and confirm that reliable, honest evidence. Winning with Social Media is designed to help you do just that. It provides the tools you need to find and capture the online evidence that a party opponent may try to obscure, modify, or even erase from the Internet. With this guidebook at your side, you can do the research and evidence preservation necessary to make your case. New to the Second Edition: Updated with discussions of current tools such as Snapchat, TikTok, and more Updated authority dealing with social media evidence Expanded discussion of Hearsay and social media evidence Checklists for preparing witnesses for trial Checklists for assisting clients with discovery Checklists for authenticating numerous sources of social media evidence Checklist for an Authentication Hold letter Additional checklist for sources of social media not included in the text Professors and students will benefit from: Insightful and practical discussions of social media evidence Aids of mock trial and trial advocacy classes which may incorporate social media evidence An introduction of social media concepts for students and faculty who may not have an understanding of the evidentiary concepts associated with social media

This book examines accountability issues and the problems of regulating non-governmental organisations (NGOs) through self-regulation. It focuses on methods of self-regulation for NGOs in response to prominent scandals that revealed problems with their accountability, notably the 'Mafia Capitale' scandal in Italy and the Oxfam GB scandal in Haiti. It also touches upon other accountability failures, including the allegations against the WWF of facilitating human rights abuses of indigenous groups in Cameroon. The work brings a legal approach to the topic of NGO self-regulation and accountability, contributing to the academic and policy debate in several ways. It advances a brand-new theoretical model to explain the reasons behind NGOs non-compliance with self-regulation, examines the reasons for self-regulation failures, identifies new accountability routes, and recommends proposals for sectoral reform. The book will be of great interest to scholars, researchers and PhD students who work in the area of NGO regulation and accountability from a legal perspective as well as to accountability and NGO scholars working in other disciplines. It will also appeal to practitioners and policymakers who work on the development of NGO policies.

This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the 'human rights defender' term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk

Myths and Misunderstandings in White Collar Crime uses real world examples to explore the pathologies that hamper our ability to understand and redress white-collar crime. The book argues that several misinterpretations about white-collar crime continue to impede its enforcement, including: its failure to be classified according to degrees of severity in many jurisdictions; its failure to statutorily parse groups of defendants into major and minor players; and the failure of statutes to effectively define crimes, leading to the prosecution of 'unwritten' crimes. Miriam Baer offers a step-by-step framework, informed by theories of institutional design and behavioral psychology, for redressing these misunderstandings through 'code design, ' or paying greater attention to how we write, frame, and lay out our federal criminal code, as a roadmap to more coherent and useful laws. A clearer, subdivided criminal code paves the way for a discussion of white-collar crime unmarred by myths and misunderstandings

The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.

NOW A NEW YORK TIMES AND A USA TODAY BESTSELLER "I am an eighties baby who grew to hate school. I never fully understood why. Until now. Until Bettina Love unapologetically and painstakingly chronicled the last forty years of education 'reform' in this landmark book. I hated school because it warred on me. I hated school because I loved to dream." --Ibram X. Kendi, New York Times bestselling author of How to be an Antiracist In the tradition of Michelle Alexander, an unflinching reckoning with the impact of 40 years of racist public school policy on generations of Black lives In Punished for Dreaming Dr. Bettina Love argues forcefully that Reagan's presidency ushered in a War on Black Children, pathologizing and penalizing them in concert with the War on Drugs. New policies punished schools with policing, closure, and loss of funding in the name of reform, as white savior, egalitarian efforts increasingly allowed private interests to infiltrate the system. These changes implicated children of color, and Black children in particular, as low performing, making it all too easy to turn a blind eye to their disproportionate conviction and incarceration. Today, there is little national conversation about a structural overhaul of American schools; cosmetic changes, rooted in anti-Blackness, are now passed off as justice. It is time to put a price tag on the miseducation of Black children. In this prequel to The New Jim Crow, Dr. Love serves up a blistering account of four decades of educational reform through the lens of the people who lived it. Punished for Dreaming lays bare the devastating effect on 25 Black Americans caught in the intersection of economic gain and racist ideology. Then, with input from leading U.S. economists, Dr. Love offers a road map for repair, arguing for reparations with transformation for all children at its core.

The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.

The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation's species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know today's challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume. The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased. This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.

Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here's why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work.  Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.

This book is for a Property student's use both before and after class, and it also summarizes the fundamentals of property law in preparation for a final examination, including the Bar Exam. Its text is based on the casebooks on Property in widespread use in this country, with its subjects arranged in the order in which they are typically presented. New to the 7th Edition: Many more in-text Examples in Part IV, Transfers of Land, Chapters 21-25 New text on new forms of real estate brokerage, Chapter 21 Many more in-text Examples in Part VI, Chapters 31-32 An updated text on the United States Supreme Court's takings cases, Chapter 34 Professors and students will benefit from: A focus on examination questions after each Chapter In-text Examples to investigate features of each Chapter's text as each Chapter presents them A presentation of areas of the law only referenced in class Better preparation for class

Human health has been protected from environmental contamination by national laws throughout history, but there are still many areas of international environmental law that are underdeveloped. Even though numerous international environmental treaties have been established, effective agreements remain difficult to achieve for a variety of reasons. Because environmental problems disregard political boundaries, they can only be adequately addressed by a wide range of governments, some of which may have serious disagreements on important points of policy. The knowledge gap between legal developments designed to achieve environmental objectives and the practical, scientific, and technical applications must be bridged. Environmental and energy law should be explored from a wide range of perspectives and approaches to gain insight into how the law is designed to tackle particular environmental problems. Innovations in Environmental Legislation and Justice: Environmental and Water-Energy-Food Nexus Laws examines the development and application of international environmental laws and regulations dealing with global air, water, and land pollution. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and goes a step further to address the often thorny problem of improving communication between scientists and engineers and law and policymakers. Covering topics such as environmental justice, green constitutions, and climate change, this book is ideal for policymakers, government officials, legal professionals, environmentalists, students, academicians, researchers, and more.

Shines a penetrating light on a part of the justice system unfamiliar to most of the public--even though it could unexpectedly overtake anybody's life.   The state-run guardianship system, called conservatorship in some states, is largely unregulated, ill-understood, and increasingly populated by financially motivated predators. Just how guardianship works and its real-life effects remained a mystery to most until the very public case of pop star Britney Spears. It suddenly became clear that those conscripted into the system lose all their civil rights in the process. Currently, there are an estimated 1.5 to 2 million Americans under court control, but no one can say for sure how many are affected because no government entity keeps track of citizens who have lost the right to determine their own fate. Established in the late 1800s, the guardianship system was designed to assist the most vulnerable citizens: the elderly and the physically or intellectually disabled. While guardianship has been beneficial to many "wards of the court," this little-understood process can be a judicial rollercoaster from which there is seldom an escape, and which often leads to financial devastation for the ward. Each year, fifty billion dollars belonging to wards are placed under the control of court appointees, tempting bad actors. As investigative journalist Diane Dimond discovers, the number of exploitive and abusive guardianship cases nationwide demands our urgent attention.   Explosive and compelling, We're Here to Help tells the human stories behind the headlines and shows how to avoid the risks of voluntary or involuntary guardianship.

The Piracy Years: Internet File Sharing in a Global Context is the first collection to provide an overview of digital piracy's recent past and its potential futures. Combining research essays, interviews, and overviews, the volume brings together leading scholars and infamous digital pirates from China, Germany, the Netherlands, Nigeria, Russia, the United Kingdom, and the United States. In June 1999, the peer-to-peer (P2P) file sharing website Napster transformed the availability of online content, but the site was quickly sued into oblivion. Despite the highly publicised shutdowns of a number of P2P websites, many continue to thrive, and digital piracy has become a global phenomenon. This book argues that any future media theory and research will have to contend with such web practices remaining an integral and politically formative part of the Internet. Offline and online piracies thrive on technological affordances in opposition to corporate efforts - in music, film, publishing, and academia - to label them as threatening to the economy and society. Therefore, this book explores piracy as a phenomenon navigating the conventions, norms, and boundaries of legality in digital cultures. Pirate networked sociabilities work within and outside the fringes of market economy through the lens of institutional and discursive power. By creating new ways that keep society moving and from stagnation, they ensure its continued existence - including the survival of the very areas they attack. The Piracy Years is an essential resource for researchers, post-graduate students, and anyone interested in the global spread and ever-increasing importance of digital piracy.

Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the "art of advocacy" into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into "argument-centered narratives" that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology.The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections.The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called "atomic spies," 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children's stories such as Humpty Dumpty and Jack & Jill.Also carried forward is the book's light tone which makes it not only useful but also a good read.