New Books Guide: April-May 2024 New Books

This new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.

The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decisionmaking and legal development. Regarding decisionmaking, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decisionmaking to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decisionmaking accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affects both the language that judges use to express their disagreement with one another and the precedents they choose to support their arguments. Thus, the overriding argument of The Elevator Effect is that collegiality affects nearly every aspect of judicial behavior.
Also available as an e-Book from the link in the catalog record. Valid Loyola ID and password required for e-Book access.

This book examines the philosophy of judicial review to show how the Supreme Court has transformed elections in America. The Supreme Court has battled over the meaning of rule by the people, and this battle on the Court is a struggle over the defining values of American democracy

This book provides a deeply researched and even-handed account of the relationship between America's judicial branch-which is supposed to view law through a nonpartisan lens-and the sometimes poisonous partisanship that is such a notorious factor in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that "judicial independence is a bedrock principle of our court system, and we are losing it"? This work provides insights into all these questions and more.

In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find, rather than make, law. 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 Hoffer offers an empirical study of how this approach to constitutional interpretation leads to better law. Reading Law Forward looks at seven judges, from John Marshall to Stephen G. Breyer, who exemplify this alternative jurisprudence.

Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment.

This book compares the volume and nature of online print and broadcast television coverage from major media outlets from all U.S. Supreme Court oral argument sessions during the October 2019, 2020, and 2021 Terms. The authors demonstrate that the move to livestreaming the Court’s oral argument sessions increased the frequency and depth of online print news media’s coverage in the short term but not in the long term. For both online print and broadcast outlets, their findings suggest that the benefits of increased transparency offered by livestreaming oral argument audio did not come with significant disadvantages for the Court in terms of long-term changes in its news media coverage.

In The Shadow Docket, University of Texas law professor Steve Vladeck offers a comprehensive analysis of the shadow docket, tracing its emergence in the 1970s in the wake of major court decisions on the death penalty and its recent embrace by a conservative-leaning Court that has expanded it to set policy on everything from election law to abortion to immigration. Yet while Republican appointees have been most enthusiastic in their use of the shadow docket, the docket itself is not partisan, and Vladeck makes the case that Americans of all political stripes have a stake in bringing the Court's decision-making processes back into the light. The Shadow Docket exposes a disturbing institutional crisis that threatens the foundations of our democracy, and calls for sweeping reform.

Across the globe and particularly in America, basic democratic tenets supposedly stand on principles of fairness and equity, but almost everthing we've done and are doing rejects that these ideals are important to us. Instead, we consciously or subsconsciously embrace a predilicition and desire for preferential treatment for preferred people. Nowhere is our support of preference starker than in the way 'racial haves' sustain their mistratment of the 'racial-have-nots.' It occus in every facet of American life and is evident across the globe. This boox examines a single area of our culture: housing in the US which operates against the backdrop of unrelenting segregation policies and practices in all facets of the industry. So vitriolic is the housing industry against people of color, particularly african Americans, that even sweeping legislation like the Fair Housing Act itself could not stamp out the offensive systemic actions within the housing industry. Acknowleding the depths of prejudice supported by centuries of falsehoods and malevolence, the author calls for transformational change in American culture to reach racial balance in housing and concomitant industries.

This legal research guide undertakes to highlight pending and current federal legislation, including federal statutes that first dealt with AI, such as the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which incorporated the first definition of AI in a federal statute; and the National Artificial Intelligence Act of 2020, part of the William M. Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021. Moreover, the numerous federal agencies, bureaus, departments, and organizations of the Executive Branch of government which deal with AI are detailed along with any federal case law. State laws and regulations as well as international law are detailed, particularly the ever-increasing actions by the European Union to regulate AI, especially as it concerns data privacy issues of individuals.

This ABA book provides lawyers with advice about selecting a mediator, preparing clients for mediation, and coaching the clients through the negotiation process to a settlement. It offers wise perspectives, examples from cases, and bullet-point practice tips.

A unique toolkit of practical systems, schedules, and scores of (sometimes-surprising) suggestions, to help students distinguish themselves in the classroom, the exam room, and the interview room. Drawing on the author's seven years of big-firm practice and quarter-century of full-time law teaching, the book provides encouraging and immediately-usable methods to support students throughout their law school careers, starting well before the first day of classes. Includes structures for mastering information, maximizing efficiency, minimizing stress, and building a portfolio of publications.

Legal decisions continue to mystify: Why was this person convicted and that person acquitted of the same crime? Why did she sue for breach of contract and he did not? Legal rules are supposed to provide answers to these questions, but their answers are radically incomplete. Wouldn't it be wonderful to have a theory that explained legal decisions, which predicted how legal cases are likely to be brought and decided? Drawing on Donald Black's theory of the behavior of law, Geometrical Justice: The Death Penalty in America aims to offer some answers, looking specifically at who receives the death penalty in the US. Drawing on large datasets, including the Baldus study which demonstrated racial bias in sentencing decisions, this book considers the ways in which social characteristics such as race, class, moral reputation, organizational status affect legal decision making, and the wide discrepancies in the use of capital punishment.

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

This book is designed to help companies (and those advising companies) navigate the challenging risks and opportunities associated with environmental, social, and governance issues today. In 24 chapters addressing a wide variety of ESG-related topics, the authors offer practical guidance to help companies and their legal advisors weigh competing considerations and plot a course consistent with the company's values and strategy.

This book explores practices and influences that can increase or decrease the accuracy of children's testimonies. If a child falls victim to a crime, or becomes witness to it, they may well be questioned by the police. Perhaps even tasked with selecting a suspect from a line-up. But how reliable can a child be under such strenuous circumstances? Memory mechanisms and general developmental factors behind the capability of child witnesses are outlined, demonstrating their ability to describe or identify. Factors that affect jurors' perception of said children are also looked into in detail. There have been many instances in which poor interviewing practices with children led to false imprisonments. Said occurrences demonstrate how both situational factors and individual differences can potentially compromise children's eyewitness performance. Based upon what we now understand, can recommendations be made, so that, in a court of law, innocence is the key to achieving justice?

The common law, which is made by courts, consists of rules that govern relations between individuals, such as ... torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

The freedom to think what you want and to say what you think has always generated a pushback of regulation and censorship. This raises the thorny question: to what extent does free speech actually endanger speech protection? This book examines today's calls for speech legislation and places it into historical perspective, using fascinating examples from the past 200 years, to explain the historical context of laws regulating speech. Over time, the freedom to speak has grown, the ways in which we communicate have evolved due to technology, and our ideas about speech protection have been challenged as a result. Now more than ever, we are living in a free speech paradox: powerful speakers weaponize their rights in order to silence those less-powerful speakers who oppose them. By understanding how this situation has developed, we can stand up to these threats to the freedom of speech.

This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Nigeria, Northern Ireland, South Africa, Syria, Turkey, the USA, and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalized groups.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create .a fair equilibrium between protection and borrowing in fashion design.

In an age of anxiety, the author makes the case for a revitalized rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognizes its ability to chasten power, while not disconnecting law from other sources of social action and human agency.

From Space debris to asteroid strikes to anti-satellite weapons, humanity's rapid expansion into Space raises major environmental, safety, and security challenges. In this book, Michael Byers and Aaron Boley, an international lawyer and an astrophysicist, identify and interrogate these challenges and propose actionable solutions. They explore essential questions from, 'How do we ensure all of humanity benefits from the development of Space, and not just the world's richest people?' to 'Is it possible to avoid war in Space?' Byers and Boley explain the essential aspects of Space science, international law, and global governance in a fully transdisciplinary and highly accessible way. Addressing the latest and emerging developments in Space, they equip readers with the knowledge and tools to engage in current and critically important legal, policy, and scientific debates concerning the future development of Space.
This title is also available as an Open Access e-book (link in catalog record)

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school.
Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognize the tensions surrounding this journey but also to recognize that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law’s pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students’ subject formation; the centralization of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings; and the impacts of posthuman knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars and emerging researchers, this book constitutes an indispensable resource in legal education research and scholarship.

This visually rich, experience-led collection explores what design can do for legal education. In recent decades design has increasingly come to be understood as a resource to improve other fields of public, private and civil society practice; and legal design--that is, the application of design-based methods to legal practice--is increasingly embedded in lawyering across the world. It brings together experts from multiple disciplines, professions and jurisdictions to reflect upon how designerly mindsets, processes and strategies can enhance teaching and learning across higher education, public legal information and legal practice; and will be of interest and use to those teaching and learning in any and all of those fields.

This study looks carefully at which law school faculty and using ChatGPT in their work, and what they are using it for. The study helps its readers to answer questions such as: How are law school faculty benefiting from the use of ChatGPT? What are their reservations about its use? What advice do they offer to their peers? How do they expect it to impact law school operations and legal scholarship and teaching? What has been the impact to date?