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Making Good Law or Good Policy? - Raymond V. Carman
Call Number: KF8736 . C37 2017
ISBN: 9783319533803
Publication Date: 2017-03-15
An empirical puzzle -- The judicial role orientation -- Insights from state high court judges -- The development of the judicial role orientation -- The impact of the judicial role orientation -- Concluding thoughts.
"This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges' role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges' orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation."--

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Unequal - Sandra F. Sperino; Suja A. Thomas
Call Number: KF4755 .S695 2017
ISBN: 9780190278380
Publication Date: 2017-06-01
It is no secret that since the 1980s, American workers have lost power vis-a-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer.

Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

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The Law of Nations and the United States Constitution - Anthony J. Bellia; Bradford R. Clark
Call Number: KF4550 .B45 2017
ISBN: 9780199841257
Publication Date: 2017-04-07
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today

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Supreme Court Expansion of Presidential Power - Louis Fisher
Call Number: KF5053 .F57 2017
ISBN: 9780700624676
Publication Date: 2017-07-28
Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of “emergency,” or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives.

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Caught in the Web of the Criminal Justice System - Lawrence A. Dubin J.D. (Editor); Fred S. Berlin (Contribution by); Erin Comartin (Contribution by); Nick Dubin (Contribution by); Catherine Carpenter (Contribution by); John Douard (Contribution by); Pamela Schultz (Contribution by); Mark Mahoney (Introdu
Call Number: KF480.5.A94 C38 2017
ISBN: 9781785927133
Publication Date: 2017-06-21
Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account.

This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.

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Incidental Racialization - Yung-Yi Diana Pan
Call Number: KF287 .P36 2017
ISBN: 9781439913840
Publication Date: 2017-07-01
Despite the growing number ofAsian American and Latino/a law students, many panethnic students still feel as if they do not belong in this elite microcosm, which reflects the racial inequalities in mainstream American society. While in law school, these students—often from immigrant families, and often the first to go to college—have to fight against racialized and gendered stereotypes. In Incidental Racialization, Diana Pan rigorously explores how systemic inequalities are produced and sustained in law schools.

Through interviews with more than 100 law students and participant observations at two law schools, Pan examines how racialization happens alongside professional socialization. She investigates how panethnic students negotiate their identities, race, and gender in an institutional context. She also considers how their lived experiences factor into their student organization association choices and career paths.

Incidental Racialization sheds light on how race operates in a law school setting for both students of color and in the minds of white students. It also provides broader insights regarding racial inequalities in society in general.

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Blaming Mothers - Linda C. C. Fentiman
Call Number: KF9323 .F46 2017
ISBN: 9780814724828
Publication Date: 2017-03-14
A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries. Blaming Mothers is a powerful call to reexamine who - and what - we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children

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Justice Stephen Field's Cooperative Constitution of Liberty - Adam M. Carrington
Call Number: KF4749 .C325 2017
ISBN: 9781498554435
Publication Date: 2017-06-30
This book examines liberty's Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century's most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous "Lochner" Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field's views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.

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Supreme Democracy - Richard Davis
Call Number: KF8742 .D38 2017
ISBN: 9780190656966
Publication Date: 2017-07-05
In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process?

In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion.

The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.

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Domestic Abuse, Child Custody, and Visitation - Toby G. Kleinman; Daniel Pollack
Call Number: KF9320 .K57 2017
ISBN: 9780190641573
Publication Date: 2017-05-30
When domestic abuse and children are involved, divorce and custody can be the epitome of high-stakes conflict and frustration and all too frequently protective parents lose custody of their child to a named abuser. Domestic Abuse, Child Custody, and Visitation helps mental health professionals, attorneys, and lay readers navigate the judicial process so that decisions are truly made in the best interest of children. The text reveals how all the puzzle pieces of the judicial process fit together -- judges, attorneys, mental health experts, children, spouses -- and how to overcome many of the obstacles they will confront along the way. This runs the gamut, from the selection of a lawyer and experts, to setting necessary groundwork for an appeal. Domestic Abuse, Child Custody, and Visitation is an essential read for mental health professionals and lay people involved in divorce and custody, family court judges, family law attorneys, and mental health professionals involved in domestic abuse and custody matters.

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Settled Versus Right - Randy J. Kozel
Call Number: KF429 .K69 2017
ISBN: 9781107127531
Publication Date: 2017-06-06
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law

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The Nature of Legal Interpretation - Brian G. Slocum
Call Number: K487.L36 N38 2017
ISBN: 9780226445021
Publication Date: 2017-05-17
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential?

To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.

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Ideology in the Supreme Court - Lawrence Baum
Call Number: KF8748 .B35 2017
ISBN: 9780691175522
Publication Date: 2017-05-16
"Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices."--
publisher

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Structured to Fail? - Christopher Carrigan
Call Number: KF5407 .C37 2017
ISBN: 9781107181694
Publication Date: 2017-06-26
In the search for explanations for three of the most pressing crises of the early twenty-first century (the housing meltdown and financial crisis, the Gulf oil spill, and the nuclear disaster at Fukushima), commentators pointed to the structure of the regulatory agencies charged with overseeing the associated industries, noting that the need to balance competing regulatory and non-regulatory missions undermined each agency's ability to be an effective regulator. Christopher Carrigan challenges this critique by employing a diverse set of research methods, including a statistical analysis, an in-depth case study of US regulatory oversight of offshore oil and gas development leading up to the Gulf oil spill, and a formal theoretical discussion, to systematically evaluate the benefits and concerns associated with either combining or separating regulatory and non-regulatory missions. His analysis demonstrates for policymakers and scholars why assigning competing non-regulatory missions to regulatory agencies can still be better than separating them in some cases.

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A Comparative Study of Cybercrime in Criminal Law - Qianyun Wang
Call Number: K5215 .W35 2017
ISBN: 9789462403451
Publication Date: 2017-01-01
The development of information technology provides new opportunities for crimes. Firstly, it facilitates traditional crimes, such as fraud, and secondly, it breeds new crimes, such as hacking. The traditional crimes facilitated by information technology and the new crimes bred by it are the cybercrimes discussed here. To regulate cybercrime, legal regimes have developed countermeasures in the field of criminal law at different levels. At the national level, China, the United States, England, and Singapore have all undergone reforms to adapt their criminal law. At the international level, the Council of Europe has drafted the Convention on Cybercrime and opened it for signatures. However, still commonly committed cybercrimes, such as DDoS attacks and online fraud, indicates the insufficiency of these countermeasures. In this background, this book intends to answer the research question: how can criminal law be adapted to regulate cybercrime? By using doctrinal research and comparative study, this book explores and analyzes the approaches of cybercrime legislations in the selected five legal regimes, both in the past and in the present. Secondly, it compares the different approaches and draws conclusions with respect to the following aspects: Aspect 1: Do we need a cyber-specific legislation to regulate cybercrime? Aspect 2: If we do need a specific legislation, what approaches are more systematic for it? Aspect 3: What principles are sufficient and appropriate to determine jurisdiction over cybercrime? And Aspect 4: What is the function of the Convention on Cybercrime in shaping appropriate legislation against cybercrime? Dissertation [Subject: Criminal Law, Cybercrime]

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Telling Your Story - Jo Ellen Dardick Lewis
Call Number: KF297 .L49 2017
ISBN: 9781611638899
Publication Date: 2017-06-16
Message to students -- Introduction : how can I use this book help me get a job? -- Resume : identifying information, who are you and how can I contact you? -- Resume : education, where did you go to school and what did you do while you were there? -- Resume : work experience, general information and format, what skill categories best describe your work experiences? -- Resume : work experience, substantive descriptions, what specifically did you do in each position you held? -- Resume : special skills and interests, what do you do outside of law school and work? -- Cover letter : purposes and logistics, why do I need a cover letter and what should I put in it? -- Cover letter : heading, addressee and introduction, who are you and why are you writing this cover letter? -- Cover letter : facts, what are one or two things that you want me to know about you? -- Cover letter : discussion/argument, why are you a good fit for my organization and why should I interview you? -- Cover letter : closing, how do I end my letter and what is the next step? -- Writing samples : what is a legal writing sample and how do I put one together? -- References and recommendation letters : what are they and how do I get one? -- Tips for job prospecting and securing a job : what can I do now to start establishing my professional network?

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Climate Justice and Historical Emissions - Lukas H. Meyer (Editor); Pranay Sanklecha (Editor)
Call Number: GE220 .C557 2017
ISBN: 9781107069534
Publication Date: 2017-02-16
This volume investigates who can be considered responsible for historical emissions and their consequences, and how and why this should matter for the design of a just global climate policy. The authors discuss the underlying philosophical issues of responsibility for historical emissions, the unjust enrichment of the earlier developed nations, as well as questions of transitional justice. By bringing together a plurality of perspectives, both in terms of the theoretical understanding of the issues and the political perspectives on the problem, the book also presents the remaining disagreements and controversies in the debate. Providing a systematic introduction to the debate on historical emissions and climate change, this book provides an unbiased and authoritative guide for advanced students, researchers and policymakers in climate change justice and governance, and more widely, for anyone interested in the broader issues of global justice.

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Privacy - Leslie P. Francis; John G. Francis
Call Number: KF1262 .F73 2017
ISBN: 9780190612252
Publication Date: 2017-07-03
We live more and more of our lives online; we rely on the internet as we work, correspond with friends and loved ones, and go through a multitude of mundane activities like paying bills, streaming videos, reading the news, and listening to music. Without thinking twice, we operate with the understanding that the data that traces these activities will not be abused now or in the future. There is an abstract idea of privacy that we invoke, and, concrete rules about our privacy that we can point to if we are pressed. Nonetheless, too often we are uneasily reminded that our privacy is not invulnerable-the data tracks we leave through our health information, the internet and social media, financial and credit information, personal relationships, and public lives make us continuously prey to identity theft, hacking, and even government surveillance.

A great deal is at stake for individuals, groups, and societies if privacy is misunderstood, misdirected, or misused. Popular understanding of privacy doesn't match the heat the concept generates. With a host of cultural differences as to how privacy is understood globally and in different religions, and with ceaseless technological advancements, it is an increasingly complex topic. In this clear and accessible book, Leslie and John G. Francis guide us to an understanding of what privacy can mean and why it is so important. Drawing upon their extensive joint expertise in law, philosophy, political science, regulatory policy, and bioethics, they parse the consequences of the forfeiture, however great or small, of one's privacy.

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The Democratic Constitution - Brian E. Butler
Call Number: KF4541 .B985 2017
ISBN: 9780226474502
Publication Date: 2017-08-21
The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy.

Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

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Rebooting Justice - Benjamin H. Benjamin; Stephanos Bibas
Call Number: KF384 .B37 2017
ISBN: 9781594039331
Publication Date: 2017-07-25
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract.

Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

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A Great Power of Attorney - Gary Lawson; Guy Seidman
Call Number: KF4541 .L39 2017
ISBN: 9780700624256
Publication Date: 2017-05-05
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document--or as a "great power of attorney," in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of "We the People" and its "posterity." What follows from this particular conception of the Constitution--and is of greater importance--is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government.

In mapping out what these imperatives might mean--such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution's beneficiaries--Lawson and Seidman offer a clearer picture of the original design for a limited government.

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The Federal Judiciary - Richard A. Posner
Call Number: KF8700 .P67 2017
ISBN: 9780674975774
Publication Date: 2017-08-14
No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. Skewering the politicization of the Supreme Court, the mismanagement of judicial staff, the overly complex system of appeals, the threat of originalism, outdated procedures, and the backward-looking traditions of law schools and the American judicial system, Posner has written a cri de coeur and a battle cry. With the prospect that the Supreme Court will soon be remade in substantial, potentially revanchist, ways, The Federal Judiciary exposes the American legal system's most troubling failures in order to instigate much-needed reforms.

Posner presents excerpts from legal texts and arguments to expose their flaws, incorporating his own explanation and judgment to educate readers in the mechanics of judicial thinking. This rigorous intellectual work separates sound logic from artful rhetoric designed to subvert precedent and open the door to oblique interpretations of American constitutional law. In a rebuke of Justice Antonin Scalia's legacy, Posner shows how originalists have used these rhetorical strategies to advance a self-serving political agenda. Judicial culture adheres to an antiquated traditionalism, Posner argues, that inhibits progressive responses to threats from new technologies and other unforeseen challenges to society.

With practical prescriptions for overhauling judicial practices and precedents, The Federal Judiciary offers an unequaled resource for understanding the institution designed by the founders to check congressional and presidential power and resist its abuse.

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A Realistic Theory of Law - Brian Z. Tamanaha
Call Number: K235 .T36 2017
ISBN: 9781107188426
Publication Date: 2017-04-24
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.

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Bankruptcy and the U. S. Supreme Court - Ronald J. Mann
Call Number: KF1524 .M36 2017
ISBN: 9781107160187
Publication Date: 2017-04-24
In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.

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Animating Civil Procedure - Michael Vitiello
Call Number: KF8840 .V58 2017
ISBN: 9781611638585
Publication Date: 2017-03-21
Often, members of the public become engaged (or enraged) when they read about Supreme Court decisions involving substantive rights, whether the case involves same sex marriage, the right of corporations to spend huge sums to support political candidates, or the right of citizens to own firearms. But members of the public, students, and even many lawyers are not likely to understand the impact of procedural decisions. This book focuses on a series of Supreme Court decisions and changes to the Federal Rules of Civil Procedure that demonstrate the current Court's erosion of rules allowing plaintiffs access to court. Many of those decisions unravel rules developed during the heyday of the Progressive Movement and the postwar era when courts favored expanding access to court. This book animates procedure by focusing on the Court's concerted effort to close the courthouse door. It covers a number of specific issues, including decisions and rules changes dealing with personal jurisdiction, pleading, discovery, summary judgment practice, and class actions. It explores the not-so-hidden bias in favor of defendants generally and corporate defendants specifically. It also briefly explores the impact that Justice Scalia's death may have on the future direction of the Court's war on procedure.

 

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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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