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Culpable Carelessness - Findlay Stark
Call Number: http://um-primo.hosted.exlibrisgroup.com/primo_library/libweb/action/search.do?fn=search&ct=search&i
ISBN: 9781107038905
Publication Date: 2016-10-20
The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability (recklessness) and inadvertence-based culpability (negligence) for unjustified risk-taking. With reference to criminal law theory and philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law.

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Weather in the Courtroom - William H. Haggard
Call Number: HV6030 .H34 2016
ISBN: 9781940033952
Publication Date: 2016-12-15
As director of the National Oceanic and Atmospheric Administration's National Climatic Data Center in the late 1960s and early '70s, William H. Haggard witnessed an explosion in the number of requests from attorneys needing weather data for their cases. But while the Center offered data certified by the Department of Commerce that could be submitted as evidence in a court of law, government meteorologists could not be released from work to interpret this data in the courtroom. In their place, pioneering forensic meteorologists stepped in to serve as expert witnesses.

For a society enthralled by courtroom drama, forensics, and natural disasters, Weather in the Courtroom is a perfect storm: an exciting inside scoop on legendary court cases where the weather may--or may not--have played a crucial role. Haggard explores both the meteorological facts and human stories of a variety of high-profile cases among the hundreds in which, after retiring from the government, he served as an expert witness. Were the disappearance of Alaskan Congressman Nick Begich's plane on October 16, 1972; the collapse of Tampa Bay's Skyway Bridge on May 9, 1980; and the crash of Delta Flight 191 in Dallas/Fort Worth on August 2, 1985, natural or human-caused disasters? Haggard's recounting of these and other litigations reveals just how critical the interpretation of weather and climate data in the courtroom is to our understanding of what happened--and who, if anyone, is at fault

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Law, Lawyering and Legal Education - Charles Sampford; Hugh Breakey
Call Number: K100 .S258 2017
ISBN: 9781138793347
Publication Date: 2016-10-04
This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford’s critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the ‘critical’, ‘theoretical’ and ‘ethical’ dimensions of legal education and legal practice in making more effective practitioners – placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client’s ethical advice to playing a key role in the emergence of an international rule of law as they had to the ‘domestic’ rule of law.

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Copyright Beyond Law - Marta Iljadica
Call Number: K1460 .I45 2016
ISBN: 9781849467773
Publication Date: 2016-11-17
The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright.
The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

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The Human Right to Water - Nandita Singh (Editor)
Call Number: K3260 .H86 2016
ISBN: 9783319402857
Publication Date: 2016-10-21
The discourse on the human right to water presents deliberations on the concept, content and rationale for the right, with little attention to the practical question of translating the right into reality. This book aims to fill this void by focusing on ‘realization’ of the right by its holders, examining how effective the mechanisms are for ‘implementing’ the right in enabling its universal realization. In a quest to answer this question, the book draws a conceptual differentiation between ‘implementation’ and ‘realization’ of the right, arguing that unlike implementation - which is an objective process of creation and implementation of measures such as legal frameworks, institutional structures or policy and action guidelines, realization of the right is a subjective process that extends much beyond. It takes shape within specific contextual settings which may include varied situations, yet remains neglected in the related academic and action forums. This book attempts to address this void by discussing some of the most significant contexts and the underlying problems and concerns that strongly influence realization of the human right to water. It contends that if the right is to be truly realized, these different contexts - which can be further classified as 'objective' and 'subjective' - must be understood, analysed and appropriately addressed before framing and implementing relevant action. The book further situates the human right to water discourse in a broader interdisciplinary perspective, expanding its scope beyond the narrower legal dimensions, linking it to the wider field of water resources management/governance. Through the novel ideas it proposes, the book makes an innovative and unique contribution in the field of human right to water which is of great scientific value.

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Environmental Water Markets and Regulation - Katherine Owens
Call Number: K3498 .O94 2017
ISBN: 9781138183209
Publication Date: 2016-11-01
The author presents a comprehensive study of the legal frameworks in four jurisdictions: the States of Oregon and Colorado in the western United States; the province of Alberta in Canada; and the Murray-Darling Basin in Australia/Basin State of New South Wales. A close comparative analysis of these four jurisdictions reveals a variety of distinctive regulatory arrangements and collaborations between public and private actors. In all cases, the law has been deployed to steer and coordinate these water governance activities.

The book argues that each regime is based on a particular regulatory strategy, with different conceptions of the appropriate roles for, and relationships between, various actors and institutions. Legal frameworks do not have the capacity to rationalise and provide an overarching and absolute solution to the complex environmental and governance issues that arise in the context of environmental water transactions. Rather, the role of law in this context needs to be reconceptualised within the paradigm of regulatory capitalism as establishing and maintaining the limits within which regulatory participants can operate, innovate and collaborate.

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Global Environmental Constitutionalism in the Anthropocene - Louis J. Kotzé
Call Number: K3585.5 .K68 2016
ISBN: 9781509907588
Publication Date: 2016-09-22
There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.

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The Return of Cultural Artefacts - Alper Ta Delen
Call Number: K3791 .T37 2016
ISBN: 9783319440590
Publication Date: 2016-09-22
This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.

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Adolescence, Privacy, and the Law - Roger J. R. Levesque
Call Number: KF48 .L479 2016
ISBN: 9780190460792
Publication Date: 2016-08-31
Adolescence, Privacy, and the Law provides a foundation for understanding privacy rights and how they relate to adolescents. Roger Levesque argues that because privacy is actually an inherently social phenomenon, the ways in which adolescents' privacy needs and rights are shaped are essential to society's broader privacy interests. A close look at empirical understandings of privacy, how it shapes development, and how privacy itself can be shaped provides important lessons for addressing the critical juncture facing privacy rights and privacy itself.
Adolescence, Privacy, and the Law provides an overview of the three major strands of privacy rights: decisional, spatial, and informational, and extends current understandings of these strands and how the legal system addresses adolescents and their legal status. Levesque presents comprehensive and specific analyses of the place of privacy in adolescent development and its outcomes, the influences that shape adolescents' expectations and experiences of privacy, and ways to effectively shape adolescents' use of privacy. He explains why privacy law must move in new directions to address privacy needs and pinpoints the legal foundation for moving in new directions. The book charts broad proposals to guide the development of sociolegal responses to changing social environments related to the privacy of adolescents and challenges jurisprudential analyses claiming that developmental sciences do not offer important and useful tools to guide responses to adolescents' privacy. Lastly, Levesque responds to likely criticisms that may hamper the development of sociolegal stances more consistent with adolescents' needs for privacy as well as with societal concerns about privacy.

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Lawyers As Changemakers - J. Kim Wright
Call Number: KF298 .W75 2016
ISBN: 9781634256476
Publication Date: 2017-09-07
Integrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. Integrative Law isn't just an approach to legal procedures. It has to do with a fundamental shift in world view, an expansion of what we think is possible. Integrative Lawyers explore and draw upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality. They bring this consciousness into the law and are partners with colleagues in other disciplines.

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Fundamentals of Guardianship - Sally Balch Hurme
Call Number: KF553 .H87 2017
ISBN: 9781634257213
Publication Date: 2017-01-01
This book will appeal to all who have been appointed as guardian or conservator, whether lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults.

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Constitutional Torts and the War on Terror - James E. Pfander
Call Number: KF1306.C64 P43 2017
ISBN: 9780190495282
Publication Date: 2017-01-18
Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined.
Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence.
The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

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The Assault on Labor - Sandra L. Albrecht
Call Number: KF3431 .A74 2017
ISBN: 9781498537704
Publication Date: 2016-12-20
The Assault on Labor details the 1986 Independent Federation of Flight Attendants (IFFA) strike against Trans World Airlines (TWA), one of the most dramatic instances of the heightened labor conflict in the 1980s. Using extensive court, union, and company documents, The Assault on Labor shows how the expanded use of permanent replacements in labor disputes has fundamentally altered workers legal right to strike. Set within one of the biggest corporate raids of the time, it was a strike of a predominantly female labor force that garnered respect throughout the labor movement for its solidarity and determination. Faced with the permanent replacement of over 5000 strikers, IFFA waged a three year struggle to return all workers to the line, mobilizing political, economic, and legal actions to secure their jobs and survive as a union. Despite critical successes in the courts in the aftermath of the strike, the Supreme Court would render a decision that further strengthened permanent replacements. Since the 1980s, labor s major form of protest, the right to strike, has all but disappeared."

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The Balance Gap - Sarah Cote Hampson
Call Number: KF3555 .H36 2017
ISBN: 9781503600058
Publication Date: 2017-03-21
In recent decades, laws and workplace policies have emerged that seek to address the -balance- between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of -family-friendly- laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings--public universities and the U.S. military--Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities

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Free Speech on America's K-12 and College Campuses - Randall W. Bobbitt
Call Number: KF4155.5 .B63 2017
ISBN: 9780739186473
Publication Date: 2016-12-15
Free Speech on America’s K–12 and College Campuses: Legal Cases from Barnette to Blaine covers the history of legal cases involving free speech issues on K–12 and college campuses, mostly during the fifty-year period from 1965 through 2015. While this book deals mostly with high school and college newspapers, it also covers religious issues (school prayer, distribution of religious materials, and use of school facilities for voluntary Bible study), speech codes, free speech zones, self-censorship due to political correctness, hate speech, threats of disruption and violence, and off-campus speech, including social media. Randall W. Bobbitt provides a representative sampling of cases spread across the five decades and across the subject areas listed above. Recommended for scholars of communication, education, political science, and legal studies.

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Judicial Independence and the American Constitution - Martin H. Redish
Call Number: KF5130 .R42 2017
ISBN: 9780804792905
Publication Date: 2017-03-21
The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.

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Managed Speech - Gregory P. Magarian
Call Number: KF8742 .M24 2017
ISBN: 9780190466794
Publication Date: 2017-04-04
This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate.

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Closing the Courthouse Door - Erwin Chemerinsky
Call Number: KF8748 .C443 2017
ISBN: 9780300211580
Publication Date: 2017-01-10
The Supreme Court’s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens’ ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts’ primary purpose, and they should not be barred from considering any constitutional question.

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The Psychology of Juries - Margaret Bull Kovera
Call Number: KF8972 .P79 2017
ISBN: 9781433827044
Publication Date: 2017-03-01
Juries have a tremendous amount of power and responsibility. They determine the outcomes of trials, including whether a defendant is found guilty or not guilty and, in many cases, what the penalty will be. With the authority to deprive citizens of their freedom and potentially their lives, a fair trial requires that juries function as they should--without bias. But do they function this way? Are juries capable of disregarding inadmissible evidence? Can they understand the instructions that they are given by the judge? And if not, what safeguards or changes would help?

Research on juries once served as a pillar of psychological scholarship, but publication of such research has slowed considerably in recent years. In an attempt to reinvigorate scholarship on this important topic, this volume summarizes what is known about the psychology of juries and makes a strong call to arms for more research. Esteemed jury scholars identify important, yet understudied, topics at the intersection of psychology and law, review what research is currently available on the topics, and then suggest new research questions that would advance the field. Furthermore, the authors evaluate the relative importance of research methods that emphasize generalizability versus tight experimental control. Collectively, the chapters present a comprehensive survey of the literature on jury behavior and decision making and offer a robust agenda to keep researchers busy in years to come

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Shaming the Constitution - Michael L. Perlin; Heather Ellis Cucolo
Call Number: KF9325 .P478 2017
ISBN: 9781439912911
Publication Date: 2017-03-24
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.

The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.

In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles

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Sex and the Constitution - Geoffrey R. Stone
Call Number: KF9325 .S76 2017
ISBN: 9780871404695
Publication Date: 2017-03-21
Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment.

Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before -quickening- remained legal, and prosecutions for sodomy were almost nonexistent.

The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation's founders. Spurred on by Anthony Comstock, America's most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word -unclean- be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms.

The twentieth century gradually saw the emergence of bitter divisions over issues of sexual -morality- and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation.

Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

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Legal but Corrupt - Anechiar ANECHIARICO; Guy Adams (Contribution by); Staffan Andersson (Contribution by); Frank Anechiarico (Contribution by, Editor); Danny L. Balfour (Contribution by); Ciarán O'Kelly (Contribution by); Lydia Segal (Contribution by)
Call Number: KF9409 .L44 2017
ISBN: 9781498536387
Publication Date: 2016-12-09
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.

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Child Exploitation and Trafficking - Kendall Funk Posner; T. Markus Funk; Virginia M. Kendall; Richard A. Posner (Foreword by)
Call Number: KF9449 .K46 2016
ISBN: 9781442264786
Publication Date: 2016-12-21
Each year, more than two million children around the world fall victim to commercial sexual and labor exploitation. Put simply, the growing epidemic of child exploitation demands a coordinated response. In addition to compliance concerns raised by the Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and other more familiar transnational anti-corruption laws, today s companies must also respond to more novel legal requirements, such as those contained in the California Transparency in Supply Chains Act, Federal Acquisition Regulations on Trafficking in Persons in Federal Contracts, U.K. Modern Slavery Act of 2015, European Union s Directive on Transparency and its amendments, and the proposed federal Business Transparency in Trafficking and Slavery Act and other laws. This Second Edition of Child Sexual Exploitation and Trafficking: Examining Global Enforcement and Supply Chain Challenges and U.S. Responses brings fresh, practical thinking to this oft-misunderstood area of the law, helping erase some of its counterproductive mythology. The book not only provides the first comprehensive, practical introduction to the history and present-day reality of child exploitation and supply chain issues, but it also traces the interconnected web of domestic and transnational federal laws and law enforcement efforts launched in response thereto. The Second Edition not only is updated to reflect the latest trends and other development presented by two of the premier experts concerning this constantly-evolving field, but it also contains new chapters examining areas such as special issues in the fight against human trafficking and the raft of landmark anti-trafficking laws that herald a new compliance reality for the globe s business community. Written from the distinctive perspective of those who have spent their careers in the trenches investigating, prosecuting, and adjudicating these intricate, emotional cases, as well as those who are tasked with ensuring that products are free from the taint of child exploitation and force labor, the book is uniquely proscriptive, as well as descriptive, in the sense that it relies on real-world examples to serve up practical advice and reform proposals for those involved at all levels of this challenging area."

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The Erosion of Tribal Power - Dewi Ioan Ball
Call Number: KIE2055 .B35 2016
ISBN: 9780806155654
Publication Date: 2016-12-08
For the past 180 years, the inherent power of indigenous tribes to govern themselves has been a central tenet of federal Indian law. Despite the U.S. Supreme Court’s repeated confirmation of Native sovereignty since the early 1830s, it has, in the past half-century, incrementally curtailed the power of tribes to govern non-Indians on Indian reservations. The result, Dewi Ioan Ball argues, has been a “silent revolution,” mounted by particular justices so gradually and quietly that the significance of the Court’s rulings has largely evaded public scrutiny.

Ball begins his examination of the erosion of tribal sovereignty by reviewing the so-called Marshall trilogy, the three cases that established two fundamental principles: tribal sovereignty and the power of Congress to protect Indian tribes from the encroachment of state law. Neither the Supreme Court nor Congress has remained faithful to these principles, Ball shows. Beginning with Williams v. Lee, a 1959 case that highlighted the tenuous position of Native legal authority over reservation lands and their residents, Ball analyzes multiple key cases, demonstrating how the Supreme Court’s decisions weakened the criminal, civil, and taxation authority of tribal nations. During an era when many tribes were strengthening their economies and preserving their cultural identities, the high court was undermining sovereignty. In Atkinson Trading Co. v. Shirley (2001) and Nevada v. Hicks (2001), for example, the Court all but obliterated tribal authority over non-Indians on Native land.

By drawing on the private papers of Chief Justice Earl Warren and Justices Harry A. Blackmun, William J. Brennan, Thurgood Marshall, William O. Douglas, Lewis F. Powell Jr., and Hugo L. Black, Ball offers crucial insight into federal Indian law from the perspective of the justices themselves. The Erosion of Tribal Power shines much-needed light on crucial changes to federal Indian law between 1959 and 2001 and discusses how tribes have dealt with the political and economic consequences of the Court’s decisions

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Sami Customary Rights in Modern Landscapes Global Influences on Nature Conservation and Indigenous Rights - Elenius Lars; Allard Christina; Camilla Sandström (Editor)
Call Number: KJC5144.M56 I53 2017
ISBN: 9781472464927
Publication Date: 2016-11-28
This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.

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Negotiating for Water Resources - Andrea Haefner
Call Number: KZ3700 .H34 2016
ISBN: 9781138666320
Publication Date: 2016-09-26
Over 90 per cent of the world population lives in countries that share a river basin with others. Freshwater resources are scarce and different nations, actors and users compete for limited resources in transboundary river basins; often conflicting with each other. Water is a resource with no substitute: it cannot be secured in sufficiently large quantities through long-distance trade deals; and, due to the interconnectivity of the hydrological system, the actions of one country in its water management have a direct bearing on the interests of neighbouring countries. For instance, in the Mekong River Basin, current hydropower and navigation developments in certain countries impact on traditional sources of income such as fisheries, and rice production in others. These kinds of changes in water use have given rise to conflict between countries in that region and others, but have also led, in some cases, to greater cooperation. The past few decades have seen a number of new agreements about the sharing of river resources and cooperation between riparian states.

Negotiating for Water Resources explores the drivers of conflict and cooperation between states in transnational river basins. Drawing on extensive fieldwork and interviews on the Mekong, Danube and La Plata River Basins, the book provides a three level analysis across three case studies, including the regional framework (EU, ASEAN and Mercosur), the River Basin Organisations (ICPDR, MRC and CIC) and the micro-level. The key question of the book is: To what extent do power asymmetries prevent or inhibit cooperation between riparian states over water resources? This is linked to the question of how institutions contribute to mitigate competition for natural resources and how states interact in a multilateral arena. Overall, the book argues that cooperation in transboundary river basins is possible even where there are asymmetric power relations, challenging realist assumptions about competition and conflict over resources.

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Fatal Fictions - Alison L. LaCroix (Editor); Richard H. McAdams (Editor); Martha C. Nussbaum (Editor)
Call Number: PN56.L33 F38 2017
ISBN: 9780190610784
Publication Date: 2016-12-01
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure.
This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain.
The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.

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Al-Tounsi - Anton Piatigorsky
Call Number: PR9199.3.P479 A48 2017
ISBN: 9781634256094
Publication Date: 2017-03-01
Al-Tounsi is the debut novel by the award-winning playwright, Anton Piatigorsky, and tells the story of the US Supreme Court s handling of a landmark case involving the rights of detainees held in a US military base. Although the novel follows the case as it maneuvers through the minds and hands of the Justices the larger-than-life Killian Quinn in the throes of a dangerous affair, the ambitious but insecure Gideon Rosen desperate to make his mark on history, the famed feminist Sarah Kolmann staring down the prospect of losing her husband to cancer--it is ultimately shepherded by one Justice in particular, Rodney Sykes, who begins the novel in emotional crisis. After his wife s sudden death a year earlier, his relationship with Cassandra, his grown daughter, is in tatters, and he feels unable to repair it. As news of Cassandra s affair with her boss, a prominent circuit court Judge, comes to light, Rodney confronts his own repression and demons, and gradually allows his private life to influence his legal reasoning. Al-Tounsi explores in detail how the personal stories and life dramas, career rivalries and political sympathies of these titans blend with their philosophies to create the most important legal decisions of our time."

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Legal Asylum - Paul Goldstein
Call Number: PS3607.O48 L44 2017
ISBN: 9781634256117
Publication Date: 2017-02-01
Dean Elspeth Flowers will let nothing--nothing--stand in the way of plans to catapult her backwater state law school into the U.S. News & World Report Top 5. But tensions between the school's warring factions--the Quants, Poets and Bog Dwellers--imperil her plans. So, too, in this rollicking satire do the errant pursuits of her faculty and the maneuverings of a mail room clerk with a business plan of his own to radically transform the school.

The arrival of an outside committee to conduct the law school's required seven-year accreditation review threatens to expose the school's deepest secrets and forces the dean to confront her own darkest demons. A romp through the legal academy, Legal Asylum asks the hardest question facing higher education in America today: Can a school make it into the exalted realm of the U.S. News Top 5 and lose its accreditation, all in the same year?

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Pleasantville - Attica Locke
Call Number: PS3612.O247 P57 2015
ISBN: 0062259407
Publication Date: 2015-04-21
Pleasantville is an engrossing combination of intrigue, action, and personal drama that put me in mind of an early John Grisham novel, but with way more heart. The story begins with a missing woman, a community mobilizing for a search that is all too familiar, and a lawyer who is unwillingly pulled from his personal grief into a public role. As the tension mounts Locke weaves together the complicated lives of a powerful political family and the ongoing conflict between corporate greed and community welfare. The main character struggles to heal his family, revitalize his practice, and help everyone find justice or at least safety. I really liked the way the political intrigue felt so removed from my current reality but Locke pulled twists and turns at the end to reveal it's national implications. — Bookshop Santa Cruz

 

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The format and some of the review resource links  for this libguide were  originally developed by Kaye Friberg at the Loyola Law Library University of Chicago

      
     

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