New Books: February-March 2024 New Books

In Breaking Barriers, Judge Freddie Pitcher Jr. describes how he made history in Baton Rouge by becoming the first African American to be elected to judgeships at three different levels of the court system. Pitcher recounts his early years in Valley Park—a segregated and semi-rural neighborhood—where one of his cousins, a civil rights attorney, served as his role model and inspired him to become both a lawyer and an agent of change. Pitcher depicts what it was like to grow up in the segregated South and how racial discrimination fueled his drive to challenge the norms of the Baton Rouge judiciary later in life. Pitcher’s story of rising from “the bench to the bar to the bench”—from the bench outside the local grocery store that he and his friends frequented as young boys, to the Louisiana bar, to the judicial bench—is informative and inspiring, shedding light on the perseverance and determination required of early African American candidates to overcome the many roadblocks to full participation in the political process related to the judiciary.

Globally, far too many discussions about Indigenous governance and development are dominated by accounts of disadvantage, deficit and failure. This book paints a different international picture, testifying to Indigenous peoples as agents of governance innovation and successful developers in their own right, telling stories in their words, from their own experiences and countries. From Indigenous voices, we hear alternative concepts and measures of effectiveness, legitimacy, success and sustainability. Indigenous stories and voices are captured as 20 case study chapters, written in lively, clear language about what is happening that is promising and productive in Indigenous self-determined governance for self-determined development.

This Field Guide to White Supremacy illuminates the long and complex career of white supremacist and patriarchal violence in the United States, ranging across time and across impacted groups in order to provide a working volume for those who wish to recognize, understand, name, and oppose it. We focus here not only on the most catastrophic incidents of white supremacist domestic terrorism-like the 1995 bombing of the Oklahoma City federal building and more recent mass shootings at stores and places of worship-but also on the manifold ways that overt and covert white supremacy, supported by often-violent patriarchy and gender norms, have shaped American law, life, and policy.
Also available as an e-book from the link in the catalog record. Current LUC ID and password required for e-book access.

The first casebook of its kind, Latinos and the Law: Cases and Materials addresses a rich array of topics that are relevant to the largest and most diverse ethnic minority group in the United States. Ranging from the legal and social construction of race, ethnicity, and gender, to language, education, immigration, stereotyping, workplace discrimination, and rebellious lawyering, the new edition highlights the Spanish colonization of Latin America to provide further context for the subsequent colonial treatment of its people and leaders by the United States.

The courageous and inspiring personal narratives and empirical studies in Presumed Incompetent II: Race, Class, Power, and Resistance of Women in Academia name formidable obstacles and systemic biases that all women faculty—from diverse intersectional and transnational identities and from tenure track, terminal contract, and administrative positions—encounter in their higher education careers. They provide practical, specific, and insightful guidance to fight back, prevail, and thrive in challenging work environments. This new volume comes at a crucial historical moment as the United States grapples with a resurgence of white supremacy and misogyny at the forefront of our social and political dialogues that continue to permeate the academic world.

This volume clarifies how white supremacy informs and shapes the parameters of what "counts" as national security. The sheer breadth and depth of the topics and vantage points covered challenge conventional knowledge about national security. Contributions in this volume refocus the frame of reference to center race and historically subordinated groups. Through this reframing and focusing on the faces at the bottom of the well, the contributions in this volume create a far more accurate understanding of how race manifests in national security domestically, transnationally, and globally. This volume is ground-breaking as numerous interventions in this book explicitly engage with the period of national and global reckoning on race and transformation, and the ongoing backlash in ways that other projects have not. This book explicitly considers what it would mean to subvert White hegemonic power and dominance in national security. It recognizes not only the gravity of the historical moment that continues to unfold in the United States and elsewhere, but also the opening and potential that it presents to spark and revitalize debate and policy changes on these crucial issues globally. This volume serves as a catalyst for remembering, exposing, and reimagining the role of race in national security.

This casebook, which is also a reference work, presents up-to-date interdisciplinary, critical perspectives on race and racism and covers the roles of law and history in shaping the meanings of race in the United States.

The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on.

"Like almost all studies that have appeared since scholars realized--about twenty years ago--that law clerks play important roles in judicial decision-making, those collections focused on the Supreme Court. Given the importance of the Court and of its clerkships as stepping stones to greater things, this is not surprising. But federal courts, and cases, are far more numerous. In this final volume of his trilogy focusing on clerks, Peppers shows that the distinctive doings of lower court clerks are at least as important, and interesting, as those of their Supreme Court counterparts. Ruth Bader Ginsberg, among others, contributes.

This book examines the McGirt v. Oklahoma case from historical and legal perspectives, placing the case within the historical context from which it derived, the legal context that took the case to the Supreme Court, and the legal and political implications of the decision.

The US Supreme Court is the chief institution responsible for guarding minority rights and equality under the law, yet, in order to function authoritatively, the Court depends on a majority of Americans to accept its legitimacy and on policymakers to enforce its rulings. The Rights Paradox confronts this tension, offering a careful conceptualization and theory of judicial legitimacy that emphasizes its connection to social groups. The author demonstrates that attitudes toward minorities and other groups are pivotal for shaping popular support for the Court, with the Court losing support when it rules in favor of unpopular groups. Moreover, justices are aware of these dynamics and strategically moderate their decisions when concerned about the Court's legitimacy. Drawing on survey and experimental evidence, as well as analysis of Court decision-making across many recent high-profile cases, the author examines the implications for 'equal justice under the law' in an era of heightened polarization and conflict.

Thought-provoking and accessible, this book will prove an invaluable resource for academics, researchers, and students of international intellectual property law. Its exploration of how intellectual property law might promote innovation in conjunction with national, regional, and global policy goals will also be of interest to practitioners and policymakers.

When a party proposes a "second medical use" for a known substance or compound, special issues of patentability and patent protection arise. Jurisdictions around the world vary significantly in their treatment of such claims. This detailed country-by-country analysis - here in an updated and expanded second edition - provides clarity, insight and guidance on the legal issues and practical implications of second medical use claims in twenty-four jurisdictions (the EPO and twenty-three individual countries). The work is published under the auspices of the prestigious International Association for the Protection of Intellectual Property (AIPPI), and the authors of the country chapters have been carefully selected based on a broad basis of experience and in-depth knowledge about medical patents in their respective jurisdictions.

Cybersecurity: An Interdisciplinary Problem provides theoretical and practical introductions to the distinctions between privacy and cybersecurity, technical foundations needed to understand the challenges of securing complex systems, and an introduction to the legal concepts needed to understand the unique challenges of cybersecurity law and policy. It also introduces processes and frameworks used by private and public institutions to manage cybersecurity programs as industry standards and best practices, and offers extensive discussion of cybersecurity from a risk management perspective.

By reading and using the insights shared in this title, learn how to reconcile technology's inescapable presence with the fear of the unknown it often brings about. Edited by Colin S. Levy, a well-known legal tech influencer and advocate, Handbook of Legal Tech provides guidance from many of the leading figures within the legal tech space on the different parts of law practice being enhanced and improved by technology. Each chapter covers a key area of legal tech, including automation, contract management, blockchain, use of artificial intelligence, and legal analytics, and contains first-hand insights into the development and adoption of legal technology and actionable data around best uses for different types of legal technologies. Legal ethics and the future of legal tech are also explored.

In this research guide, the author covers pardon and parole in legal literature, covering both federal and state statutory and administrative law references.

The purpose of this ABA handbook is to provide practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product. It is a practice guide both for lawyers seeking to obtain such information and for those seeking to protect such information.

This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed.

This is an “all-in-one” comprehensive book, organized for ease of reading this complex area of federal regulatory law. Within this single book, there is a separate "volume" for each subject based on regulation under the United States Federal Food, Drug and Cosmetic Act (FDCA) and related laws. Each subject specific volume includes a concise introduction to provide a particular focus for the reader.

This book analyzes how the particular dynamics and effects emerging from the COVID-19 crisis both impact and are perceived by its most vulnerable yet visionary populations, based on their pragmatic and prescient analysis of the American experiment of freedom with regards to race and religion. Without a doubt, this book addresses the various ways the COVID-19 crisis marks not merely a moment in time, but also a world-historical event that threatens to leave its imprint on lives and cultures for decades to come.

This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.

The Cambridge Handbook on the Sustainable Development Goals and International Law was sparked by our curiosity about how a remarkable set of global policy goals for a wide range of areas - the Sustainable Development Goals (SDGs) - adopted by the UN General Assembly in 2015, might relate to and influence international law. We also asked ourselves how could the relevant areas of international law promote or hamper the achievement of the SDGs and the overarching aim of attaining sustainable development? To explore this further, we engaged colleagues who were willing to join us on this exciting journey, and we thank them for their most insightful contributions to this volume. The chapters in this Handbook highlight the multifaceted relationship between the SDGs and international law as well as how international law might need to change in order to support the achievement of the SDGs and the realization of sustainable development.

The sobering reality of the disconnect between the resolve of the world community to effectively address climate change, and what actually needs to be done, has led to increasing impetus for consideration of a suite of approaches collectively known as "climate geoengineering," or "climate engineering." This volume will explore scientific, political and legal issues associated with the emerging field of climate geoengineering. The volume encompasses perspectives on both of the major categories of climate geoengineering approaches, carbon dioxide removal and solar radiation management.

This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L & D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L & D provisions under the UN climate regime and consider the opportunities to fund L & D claims both within and outside the UN climate system.

The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world's most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research in this book includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets.

The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life.

The positive effects of rule of law norms and institutions are often assumed in the fields of global governance and international development, with empirical work focusing more on the challenges of using law to engineer social change abroad. Questioning this assumption, the book contends that purportedly 'good' rule of law standards do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents which rule of law promoters promise to help. In particular, the book argues that rule of law promotion in post-colonial societies reinforces socioeconomic and political inequality which disproportionately favors dominant actors who have the wealth, education, and influence to navigate the state legal system.

Across the globe, legal protection of animal rights continues to be a significant problem, and the level of protection varies dramatically among countries. Yet, no treatise has compiled resources and strategies on how to research these critical topics at both a domestic and international level. The purpose of this book is to fill the gap. Featuring 12 research experts specializing in U.S., foreign, international, and comparative law research, Global Animal Law Research collects these experts' perspectives, knowledge, and experiences researching various animal rights and welfare topics. The chapters in this book identify, discuss, and analyze research resources, strategies, and current and emerging legal frameworks on animal rights and welfare in the laws of more than 15 countries across five continents. In addition, this book touches on a diverse set of research methods in both common law and civil law legal systems, including regulatory research, legislative research, statutory research, case law research, international agreement research, and comparative law research. Each chapter focuses on an a singular, important, and well-defined legal topic, identifying unique problems within that topic and exploring practical yet effective approaches to address these problems.

As jurisdictions increasingly pass new cybersecurity and privacy laws, attorneys must secure a working knowledge of information technology to effectively advise organizations that collect and process data. This essential book also furnishes a deeply informed guide on how to apply legal requirements to protect an organization’s interests and anticipate future compliance developments.

The author dispenses a lucid description and analysis for each of the nine key market jurisdictions—the European Union, the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore—of how courts and regulators treat Internet activity. Individual chapters examine the role of Internet regulation in matters involving intellectual property, competition, privacy and data protection, artificial intelligence, cybercurrency, cybercrime, and cyberwarfare.

he several chapters in the book generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling-at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers-especially the United States and China-cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison.
Also available as an e-book from the link in the catalog record. Current LUC ID and password required for e-book access.

This re-issue makes a classic text widely available again for a new generation of students of international organizations. It discusses with great sophistication three evergreen legal issues: the position of international organizations in public and private international law; issues of membership and representations; and standard-setting.

Corporations and states are creatures of law that claim rights, trade roles, and avoid responsibility based on legal concepts in international and domestic law. Using the concept of "attribution" as a touchstone, this cross-disciplinary book explores the law's diverse ways of constructing the identities and responsibilities of firms and states.

he U.S. federal government possesses extensive power to conduct foreign relations, but it is now common for U.S. states to interface directly with foreign sovereigns and their subnational jurisdictions, including by signing written commitments to cooperate on issues ranging from economic development to environmental protection. These commitments seem to carry real benefits for the participants in many cases. By all appearances, they enable states to address governance challenges in ways that would be unavailable without foreign cooperation. They avoid the gridlock and delay that often burdens federal lawmaking. And they help to establish states as participants in the shaping of global norms. At the same time, state commitments with foreign governments can carry material risks. This volume provides a curated compilation of the full text of roughly 600 commitments. The commitments are organized in alphabetical order by subject matter and, within each subject, in alphabetical order by U.S. state party. he topics range from archaeology to human rights and transportation.
This title is also available electronically through the Law Library's subscription to HeinOnline.

On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.

This workbook provides law librarians with a thoughtful and indispensable tool to guide them through the process of drafting library communications including policies, guides, reports, and other types of documents.

This guidebook discusses best practices for both law librarians and nonlaw librarians in providing legal reference service.

Each chapter in this book deals with a particular aspect of producing annual reports and provides practical information on producing an annual report. Several chapters include worksheets with questions and prompts to help the reader construct their report.