New Books Guide: January 2024 New Books

Dorothy Wright Nelson was a prominent federal judge on the level just below the U.S. Supreme Court for over 40 years. Although women had few opportunities in law when she graduated, she became one of the first female law professors and deans. The book offers an in-depth look at her life and her rise as a national expert in what is now the major field of alternative dispute resolution or conflict resolution. Featuring extensive interviews with judges, professors, and legal leaders, they offer first-hand accounts and multiple perspectives on how she was an extraordinary trailblazer in a traditional, male-dominated profession.

This Special Report explores strategies for maximizing inclusion and diversity in the legal profession both in-house and in private practice. The second edition has been fully updated to take into account the pandemic and the adverse impact this has had on diversity and inclusion, along with other developments. Each of the report's nine chapters has been written by an expert with direct experience and knowledge in their specialist field.

This book tells the story of Lemmon v. New York, or, as it's more popularly known, the Lemmon Slave Case. All but forgotten today, it was one the most momentous civil rights cases in American history. There had been cases in which the enslaved had won their freedom after having resided in free states, but the Lemmon case was unique, posing the question of whether an enslaved person can win freedom by merely setting foot on New York soil--when brought there in the keep of an "owner". The case concerned the fates of eight enslaved people from Virginia, brought through New York in 1852 by their owners, Juliet and Jonathan Lemmon. The Eight were in court seeking, legally, to become people: to change their status under law from objects into human beings. The Eight encountered Louis Napoleon, who took enormous risks to help others. He was part of an anti-slavery movement in which African-Americans played an integral role in the fight for freedom. The case was part of the broader judicial landscape at the time: If a law was morally repugnant but enshrined in the Constitution, what was the duty of the judge? Should there be, as some people advocated, a "higher law" that transcends the written law? These questions were at the heart of the Lemmon case. They were difficult and important ones in the 1850s--and, more than a century and a half later, we must still grapple with them today.

Black people and people with disabilities in the United States are distinctively disadvantaged in their encounters with the health care system. These groups also share harsh histories of medical experimentation, eugenic sterilizations, and health care discrimination. Yet the similarities in inequities experienced by Black people and disabled people and the harms endured by people who are both Black and disabled have been largely unexplored. To fill this gap, this book uses an interdisciplinary approach, weaving health research with social science, critical approaches, and personal stories to portray the devastating effects of health injustice in America. The author takes stock of the sometimes-vexed relationship between racial justice and disability rights advocates and interrogates how higher disability prevalence among Black Americans reflects unjust social structures. By suggesting reforms to advance health equity for disabled people, Black people, and disabled Black people, this book lays a crucial foundation for intersectional, cross-movement advocacy to advance health justice in America.

Decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her White male colleagues. After years of demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost.

This cutting-edge book examines the unique issues that transgender identities face globally in the criminal processing system through empirical and theoretical contributions. The contributing authors range from established transgender scholars, transgender equality rights activists, transgender policy influencers, researchers from non-profit groups, and former criminal justice practitioners. The book covers many under-developed issues for transgender identities like criminalization, victimization, court experiences, law enforcement and the policing of gender, the school to prison pipeline, and incarceration. It provides a significant advancement in queer criminology and trans studies globally.

"How the Court Became Supreme" explains how the United States Supreme Court turned itself into the most powerful court the world has ever seen. It is supreme today not only within the judicial branch but over the legislative and executive branches. Today, both political parties complain about what they perceive as judicial supremacy. However, neither party acknowledges what precisely that means or how it happened. Tracing the long history of the Court's expansion in power and importance, "How the Court Became Supreme" tells the story of the origin and development of that problem, offering solutions that might push the Court toward restoration of its more traditional role in our constitutional republic

Incorporation of the Bill of Rights provides a detailed account of the Supreme Court's application of federal rights to the state level. Approaching the Bill of Rights amendment by amendment and right by right, Professor The author's content analysis of Court opinions reveals what justices regard as the incorporation status and most relevant case for each right. Along with finding that the Court has incorporated nearly the entire Bill of Rights, the author offers new insights into unincorporated rights and addresses the judiciary's various theoretical defenses for protecting civil liberties from state infringement.

With unparalleled access to key players, a CNN senior legal analyst and Supreme Court expert provides an urgent and inside look at the history-making era of the Supreme Court during the Trump and post-Trump years, including its reversal of Roe v. Wade.

The Supreme Court Compendium (7th edition) presents historical and statistical information on the U.S. Supreme Court. It includes its history, development as an institution, the justices' backgrounds, nominations, and confirmations, and the Court's relationship with the public and other governmental and judicial bodies.

This book uses real world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the 'tragic choices' lawyers everywhere routinely make through their 'power of decision'. What emerges are new ways of understanding the critical role lawyers play in society - and their professional responsibilities. 'Truth is so precious it should always be protected by a bodyguard of lies.' Churchill said this about wartime deception plans, but lawyers' clients may think their truth is so precious it too should be protected. Lawyers are 'bodyguards of lies' when they use so-called 'tricks of the trade' not only to keep clients' secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. The book presents an account of what happens when lawyers' duties to clients conflict with their duties to the legal system, and looks at the ethical codes and laws that regulate their conduct.

Judges are increasingly aware of the need to enhance public confidence in court systems. Effective judgment writing is a critical element of this process. Featuring the judgments of historically great judgment writers from the United States, the United Kingdom and the wider common law world, and informed by academic and judicial commentary from around the world, this book aims to identify the key ingredients of good judgment writing through a close examination of judgments accompanied by insightful commentary.

The author started his own law practice right out of law school, and this updated text contains everything he learned along the way. How to Start a Law Practice focuses on virtually every area of starting a practice that new attorneys should think about.

This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself.

A recurring theme of this book will be that the movement to electronic and digital tools for collaboration is nonthreatening and evolutionary, not radical and revolutionary, even though it might feel that way during and after COVID-19. Lawyers consistently adapt the same fundamental collaborative acts to different technologies as those technologies evolve. The greatest difference today is that the accelerating pace of technological change, combined with the sudden need for most legal professionals to work from home, culminated in an explosion of the number and variety of collaborative tools and a dramatic shift in client expectations.

This classic guide for artists is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. The book covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations.

The guide covers both state statutory and administrative law references as well as secondary sources such as encyclopedias, practice books, treatises, law reviews and legal periodicals, websites, and blogs.

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal structures to the issue of cybersecurity and data privacy. At the same time, those who work and research in cybersecurity are often unprepared and unaware of the nuances of legal application. This book translates the fundamental building blocks of data privacy and (cyber)security law into basic knowledge that is equally accessible and educational for those working and researching in either field, those who are involved with businesses and organizations, and the general public.

This book provides a comprehensive history of the 175 African Americans who have served in the United States Congress. This book contains a profile of each African-American Member, including notables such as Hiram R. Revels, Joseph H. Rainy, Oscar De Priest, Adam Clayton Powell Jr., Shirley Chisholm, Augustus F. "Gus" Hawkins, and Barbara Jordan. Individual profiles are introduced by contextual essays that explain major events in congressional and U.S. history. Illustrated with many portraits, photographs, and charts.
Non-circulating

The author examines the "gun rights 2.0" movement in the light of a host of gun controversies: assault weapons, ammunition magazines, silencers, public gun brandishing and display, and the emergent Second Amendment sanctuary movement. Given the importance of actual gun law history to this debate, Spitzer draws from the historical record to illuminate several contemporary and emergent gun controversies that may well make their way to the Supreme Court. Revealing and illuminating as that history is, he argues that we should not be straitjacketed by that history, but rather informed by it as the nation struggles with how to frame its gun policies.

The first full biography of former United States attorney general Janet Reno, this book examines the guiding forces that shaped Reno's character, the trails blazed by Reno in her professional roles, and the lasting influence of Reno on American politics and society.

A New Introduction to Legal Method provides a comprehensive overview of legal science, and the scientific character of legal knowledge.

Since 1928, law schools have been required to have a library located in a building occupied by the law school. Law school libraries (also called academic law libraries) are typically characterized by direct reporting to the law school dean, budget allocation directly from the law school dean or the University's central administration, and a law library mission with a law school-centered approach. The importance of academic law libraries to even the earliest law schools demonstrate their centrality to the identity of the law school and the legal profession. Since the Great Recession, centralizing the academic law library with the central campus library system has been a topic of interest to university administrators and law school deans. Seeking financial and operational efficiencies is a top priority for every academic institution today. This book, the first volume in a series, is a response to the number of inquiries received by deans, librarians, and other administrators at institutions whose law libraries are semi-autonomous. Recognizing the unique culture of each campus, law school, and law library, the goal of this book is to provide case studies of different academic law library structures.

This study looks at the incidence, frequency and type of use of law school libraries by lawyers from major law firms. The report helps its readers to answer questions such as: how many and which lawyers use their old law school library's online assets? How many use their old law school library's print resources? How many actually visit law school libraries? Who uses law school libraries at law schools that they did not previously attend? For which resources do lawyers at major firms use law school libraries? How often are they using these resources? Data in the reports is based on a survey of 229 lawyers from major law firms in the United States, predominantly firms with more than 500 lawyers. Data in the report is broken down by legal field or specialty, gender, work title, ranking of law school attended, and size of law firm.

Teaching Legal Education in the Digital Age explores how legal pedagogy and curriculum design should be modernised to ensure that law students have a realistic view of the future of the legal profession. Using future readiness and digital empowerment as central themes, chapters discuss the use of technology to enhance the design and delivery of the curriculum and argue the need for the curriculum to be developed to prepare students for the use of technology in the workplace. The volume draws together a range of contributions to consider the impact of digital pedagogies in legal education and propose how technology can be used in the law curriculum to enhance student learning in law schools and lead excellence in teaching. Throughout, the authors consider what it means to be future-ready and what we can do as law academics to facilitate the knowledge, skills and dispositions needed by future-ready graduates.

This book examines transitions from law school to the legal profession, and their impact on wellbeing. This edited collection will explore a range of transitions, from entry into law school through to progression to managerial roles within the legal profession. Rather than focusing on discrete areas or chunks of time, this book focuses on the process of transitioning holistically.

Students and established scholars of intellectual property law often look for historical context when trying to understand the development and present-day contours of IP rules and systems. American Patent Law supplies this context, offering readers a comprehensive account of the evolution of the US patent system and patent doctrine beginning in 1790. From the technologies for harvesting wood and shoemaking in the earliest periods to computer software and biotechnology of the present, each chapter of the book covers the characteristic technologies of each historical era. The book also describes how businesspeople in each era acquired and enforced patents and used patents as the foundation of various business arrangements.

This ABA Publication 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.

This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.

This book is a collection of 18 essays that discuss recent major competition policy cases in both the United States and Europe covering mergers, monopolistic practices, and price fixing over the last years.

Artificial intelligence technologies are spreading across all aspects of social life. While the benefits of these tools are undeniable, they also entail risks of errors, biases (related to gender, race, disability, etc.), discrimination, invisibility, and exclusion. The law can address these new ethical and socio-economic challenges. In different parts of the world, legislators are thus considering the need (or not) to create a legal framework and how to do so. Artificial intelligence law is an emerging field of research, and this pioneering book aims to constitute a first step in its conception and aims to compare normative approaches and understand the social, cultural, historical, and legal system differences when it comes to consider new legislation addressing specific issues. It is these fascinating reflections that the authors of this book present and that the coeditors invite to pursue collectively.

This book considers the intellectual property protection of clinical test data that has been submitted to governments, in particular through test data exclusivity rights. It focuses on how these intellectual property rights first emerged in the early 1980s, how they have globalised over the past four decades, and what impact they have had upon access to medicine.

This book provides a critical legal perspective on the legitimacy of international courts and tribunals, offering a critique of ideology of two legal approaches to the legitimacy of the Inter American Court of Human Rights (IACHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. Rather than discarding the IACHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilize and define the content of law to transform their lives and territories.

A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.
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Considering recent advances in biotechnology, this updated second edition explores how regulatory approaches to controversial issues such as stem cell research, cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. Reflecting on current developments, the book explores the interaction between biotechnology and different fields of law, including: human rights, intellectual property, trade law and environmental law. In doing so, the author investigates complex concerns such as balancing commercial interests with socio-cultural considerations and ensuring respect for human dignity in the pursuit of biomedical research. Furthermore this new edition includes examination of recent developments in areas such as genome editing, biomedicine, COVID-19 vaccines, and patents on essentially biological products, with an entirely revised section on biobanks.

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime.

Written by a leading expert in WTO scholarship, the book serves as a broad grounding in the legal theory of the WTO contract and its sources, as well as its application in practice. Providing an expansive analysis of the interpretation of WTO treaties, this book will be an invaluable resource for scholars and students in the field of WTO law, as well as international trade and economic law more broadly.

In this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping.

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. By inquiring into the current set-up of WTO adjudication system, the book explores to what extent its original intent has been followed in practice. Its empirical analysis of decades of data regarding the number, duration, and subject matter of dispute adjudications, as well as the frequency of implemented or non-implemented settlements, illuminates the effectiveness of the system and highlights the issues that have led to the WTO’s present predicament. Petros C. Mavroidis employs these findings to build a case for the urgent reform of the WTO dispute settlement system by virtue of its accomplishments. He then concludes with a proposal for a reinvigorated “Dispute Settlement Understanding 2.0”.

Vaccine Law and Policy offers comprehensive but accessible coverage of key aspects of vaccine law and policy, from product development and intellectual property protections, to regulation, public mandates, and vaccine injury claims. This book covers United States law in most detail, but the developments and trends described have parallels in many countries, and the United States model and its actions influence others. The wide range of laws and policies that impact the field include: regulatory oversight by the FDA; vaccine mandates and exemptions to them; intellectual property protections; compensation for vaccine injuries; access to vaccines, their promotion, and issues related to funding and costs. The book will also discuss issues related to anti-vaccine movements and vaccine advocacy.