New Books Guide: November-December 2023 New Books

This book reframes misogyny as society's overentitlement to women's forbearance and sacrifices, which continues to be expressed in the law even after patriarchy has been repudiated. Women's contributions, both inside and outside the home, are radically undercompensated and highly beneficial to society-especially the reproductive work of childbearing and childrearing. From antidiscrimination law to abortion bans, the law fails women by keeping the dynamics of social overentitlement and male over-empowerment invisible. In recent years, many constitutional democracies have used new processes of constitution-making and constitutional change to reset entitlements and power. This book shows how movements to reset these baseline entitlements are necessary for constitutional democracies to overcome misogyny.

The author's research proves that increasing diversity on the bench promotes the courts' legitimacy among formerly-marginalized groups; at the same time, white men experience a backlash to an increase in diversity on the bench.

This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors.

Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum.

This book explores the private weaponization of racial fear that drives modern-day enforcement of these Black and white spaces. More than any express hatred of African Americans or desire to return to formal segregation, private white actors today react to deeply ingrained, systemic, and often unconscious racial fear of Black people who appear "out of place" in their public environment. They weaponize this racial fear in a variety of ways, including by abusing 911 to enforce formal social control via armed government agents, by trafficking in racial fear to whitewash their own misdeeds through "racial hoaxes," and by exacting vigilante justice through extrajudicial killing under the guise of self-defense and standing one's ground. Each of these approaches perverts and exploits the weapon of choice - the criminal justice system - with violent repercussions for the Black targets of this subformal apartheid. More often than not, private actors employing these methods enjoy the express or implicit support of government officials at all levels, from local police departments to state legislatures to the United States Supreme Court.

This book aims to find out how and why states in various regions and of diverse cultural backgrounds fail in their gender equality laws and policies. In doing this, the book maps out states’ failures in their legal systems and unpacks the clashes between different levels and forms of law—namely domestic laws, local regulations, or the implementation of international law, individually or in combination.
Note - also available as an e-book from the link in the catalog record.

This book chronicles the efforts of the first Chief Justice of the U.S. Supreme Court to establish a federal court system during the country's uncertain early years.

This book describes the closing of one era in constitutional jurisprudence and the opening of another. This study of the Supreme Court from 1930 to 1941 (when Charles Evans Hughes was Chief Justice) shows how nearly all justices, even the most conservative, accepted the broad premises of a progressive theory of government and the Constitution. The progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition from 1953 to the present is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. The transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, the author shows that it is their unique perspective as Black justices--the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans--that makes this succession echo across generations.

In contrast to the majority of scholarship, which has viewed Taft as a reactionary conservative because of his constitutionalism, the author explores the ways Taft’s commitment to both the Constitution and progressivism drove his political career and the decisions he made as president and chief justice. Taft saw the Constitution playing a positive role in American political life, recognizing that it created a national government strong enough to enact broad progressive reforms.

Political scientist Maya L. Kornberg explores Congress beyond voting, concentrating on congressional committee hearings as the legislative concourse leading up to a vote. Committees are where lawmakers hear from expert witnesses about legislative issues, where bills are revised and discussed before they go to a vote, and are a major platform for the public to see and engage with Congressional work. Based on data gathered from four congressional committees (the Senate Foreign Relations, Senate Commerce, House Science, and House Agriculture Committees) she presents a theory of the different types of witnesses who testify, hearings Congress holds, and the distinct effects that different hearings have on members of Congress. She finds that congressional committees and hearings are more deliberative and productive than floor politics.

Though the politics of firearms controls date as far back as the late nineteenth century, and though the first gun rights movement was actively lobbying lawmakers by the early to mid-twentieth century, it was not until the enactment of the 1968 Gun Control Act that lawmakers began to stake out any firm firearms control policy positions, and subsequently make these positions part of their election campaigns. From that point onward, lawmakers increasingly outlined their respective firearms control positions, and over time political coalitions began to form. Vote Gun tells the story of this transformation from the early twentieth century through the 1980 elections. Specific attention is given to how the passage of the GCA made firearms controls a wedge voting issue, and the book closes by examining how the 1980 elections cemented the partisan divisions over firearms controls that remain to this day.

This handbook addresses the current overarching threat of cyberattacks, describes how the technology works, outlines key legal requirements and ethical issues, and highlights special considerations for lawyers and practitioners of all types.

Federal and state laws balance the welfare of animals and the humans that benefit from their use. The growing body of animal welfare laws is the subject of this legal research guide. This guide will assist researchers by providing research strategies and listing the selected statutes, regulations, and secondary resources they need to begin their research in this area of law.

This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace.

In response to the ever-evolving state of forensic DNA analysis and legal complexities, the authors have put together critical references in one resource, including federal and state statutes and regulations, digests, encyclopedias, legal and scientific articles, and practice books. With an audience of professionals in the legal system, law enforcement, and forensic science in mind, it is the sincere hope of the authors that the references presented in this bibliography are used to promote training and understanding of DNA in the forensic science and legal context.

As technology impacts what laywers do as a profession and arguably improves how we do it, we need to know that our existing rules of ethics still apply in a brave new world of status updates, tweets, Instagram followings, YouTube uploads, and on Zoom and other video platforms. As this book details, the tension between the inexorable advance of technology and the comparatively slow pace of the law translates to a world in which we need all the guidance we can get in shaping our digital communications to our ethical responsibilities.

Do you hope to find post-graduation employment that fits your passion, interests, and strengths? If meaningful employment with the potential for career advancement is your goal, this book is your roadmap to develop and implement a written professional development plan to achieve your goal.

Note - Part of the Law Library's Practical Skills Collection, shelved on the 3rd floor.

In this book, the author examines constitutional specificity--or length--within American state constitutions as a new way to evaluate how different polities confront how to both control citizens and regulate themselves.
Note - also available as an e-book from the link in the catalog record.

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution.

This book is a collection of contributions examining children's access to justice within selected jurisdictions and various areas of law. It explores children's participation in judicial and non-judicial procedures in practice and discusses various obstacles to participation.

The basic elements of a contract, namely, offer and acceptance, the intention to be bound, and consideration, and requirements of form found in English, German, and Japanese law are compared against the background of their historical development, the legal consciousness and practices existing in these countries. In this way, awareness is built both of the theoretical or practical differences and the underlying socio-cultural reasons. This in turn aids in the comprehension of why certain variations exist, which, although sometimes deceptively small, may have great importance for contracting in practice.

This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries.

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.

Olympic Laws: Culture, Values, Tensions is the first book to analyze fully the Olympic legal framework and its application to the IOC and the Olympic Games through a socio-legal lens. It opens up a new window into understanding the Olympic Games, across recent iterations of the Games and on to future Games.

This important book assesses the treatment of vulnerability by the European Court of Human Rights. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity.
Note - also available as an e-book from the link in the catalog record.

Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art.

Although legal scholars have begun to explore the implications of neuroscientific research for criminal law, the field has yet to assess the potential of such research for intellectual property law – a legal regime governing over one-third of the US economy. Intellectual Property and the Brain addresses this gap by showing how tools meant to improve our understanding of human behavior inevitably shape the balance of power between artists and copyists, businesses and consumers.

This collection of essays highlights the sometimes absurd outcomes which an unjustified overprotection of intellectual property (IP) may lead to. The aim of the book is to criticise these excesses precisely because they harm IP; and because they contribute to creating an environment where more and more people are led to 'hate' IP, and view it as a protectionist regime which discourages creativity in innovation and ends up safeguarding the owners of monopolistic rights which restrict trade, competition and people's freedom. It is not, therefore, a book against IP, it is instead a call for change and an attempt to 'save' IP through critiquing its excesses and preventing such a fascinating area of law from continuing to be an easy target for criticism.

As patent law's dramatic changes continue, this comprehensive resource is vital for today's patent practitioners. It is an important guide through the maze of current statutory law, court decisions, agency regulations, and technological and business considerations involved in drafting patent claims.

This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.

The author contends that the modern practice of criminal detention is a protracted exercise in needless violence predicated upon two foundational errors. The first is an inability to see the imprisoned as human beings fully capable of responding to an affirmative accompaniment rather than maltreatment and invasive forms of therapy. The second is a pervasive dualism that constructs a barrier between detainees and those empowered to supervise, rehabilitate, and punish them. In this book, The author argues that the criminal justice system can only be rehabilitated by eliminating punishment and policies based upon deterrence, rehabilitation, and the incapacitation of the urban poor and returning to the original justification for the practice of confinement: conversion.
Note - an e-book version is also available, from the "Oxford Academic Books Owned Collection" link in the catalog record.

The author, himself a former inmate in the American Corrections System, writes about the state of the American prisons and the justice system and the American public's misconceptions about the system.

A major new Pulitzer Prize winning biography of J Edgar Hoover that draws from never-before-seen sources to create a groundbreaking portrait of a colossus who dominated half a century of American history and planted the seeds for much of today's conservative political landscape.

Criminal punishment in America is harsh and degrading-more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

The author served a prison sentence as a young man and offers a unique and qualifying vantage for writing about prison culture and prison ministry in this book, which will empower any pastor, educator, or lay leader in doing effective prison ministry by providing a thorough “inside-out” view of prison life.

The aim of this book is to move the Texas prison system from one that focuses on punishment to one that embraces rehabilitation and therefore carries out its four-prong Mission Statement of providing public safety, encouraging positive behavior among the inmate population, reintegrating inmates into society, and assisting victims of crime. While it is true people not in prison can easily come up with ideas for change, it is the perspective of those who are incarcerated that would ground them in reality. This book combines experience and logic to bring about commonsense solutions to making Texas prisons a conduit of rehabilitation and a safer place for all staff and inmates.

What purpose is incarceration supposed to serve, and how successfully does it serve that purpose? This book traces the tension between our national punitive streak and our faith in rehabilitation, between viewing prisoners as menacing Others to be incapacitated and shamed and, alternatively, viewing them as future neighbors.