New Books & Resources in the Library – June 2015

New Faculty Publication


If We Can Win Here: The New Front Lines of the Labor Movement

Quigley, Fran
HD8072.5 .Q46 2015


iwcwhDo service-sector workers represent the future of the U.S. labor movement? Mid-twentieth-century union activism transformed manufacturing jobs from backbreaking, low-wage work into careers that allowed workers to buy homes and send their kids to college. Some union activists insist that there is no reason why service-sector workers cannot follow that same path. In If We Can Win Here, Fran Quigley tells the stories of janitors, fry cooks, and health care aides trying to fight their way to middle-class incomes in Indianapolis. He also chronicles the struggles of the union organizers with whom the workers have made common cause.

The service-sector workers of Indianapolis mirror the city’s demographics: they are white, African American, and Latino. In contrast, the union organizers are mostly white and younger than the workers they help rally. Quigley chronicles these allies’ setbacks, victories, bonds, and conflicts while placing their journey in the broader context of the global economy and labor history. As one Indiana-based organizer says of the struggle being waged in a state that has earned a reputation as antiunion: “If we can win here, we can win anywhere.” The outcome of the battle of Indianapolis may foretell the fate of workers across the United States.

New Books & Resources


Children, Sexuality, and the Law

KF479 .C465 2015


csatlChildren, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment.

The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

The Death Penalty: What’s Keeping It Alive

Lyon, Andrea D.
HV8699.U5 L96 2015


dpThe United States is divided about the death penalty—17 states have banned it, while the remaining states have not. From wrongful convictions to botched executions, capital punishment is fraught with controversy. In The Death Penalty: What’s Keeping it Alive, award-winning criminal defense attorney Andrea Lyon turns a critical eye towards the reasons why the death penalty remains active in most states, in spite of well-documented flaws in the justice system.

The book opens with an overview of the history of the death penalty in America, then digs into the reasons capital punishment is a fixture in the justice system of most states. The author argues that religious and moral convictions play a role, as does media coverage of crime and punishment. Politics, however, plays the biggest role, according to the author, with no one wanting to look soft on crime. The death penalty remains a deadly political tool in most of the United States.

Economic and Social Rights after the Global Financial Crises

K3820 .E26 2014


easratgfcThe global financial and economic crises have had a devastating impact on economic and social rights. These rights were ignored by economic policy makers prior to the crises and continue to be disregarded in the current ‘age of austerity’. This is the first book to focus squarely on the interrelationship between contemporary and historic economic and financial crises, the responses thereto, and the resulting impact upon economic and social rights. Chapters examine the obligations imposed by such rights in terms of domestic and supranational crisis-related policy and law, and argue for a response to the crises that integrates these human rights considerations. The expert international contributors, both academics and practitioners, are drawn from a range of disciplines including law, economics, development and political science. The collection is thus uniquely placed to address debates and developments from a range of disciplinary, geographical and professional perspectives.

Goodbye Mike, Hello Judge: My Journey for Justice

Bright, Myron H.
KF373.B685 A3 2014


gmhjAt age 95, Federal Judge Myron Bright looks back on a life that leaves a legacy of not only fighting for justice, but advocating, often as a lone voice, against injustice. His legal and judicial work has been highlighted by his compassion for individuals who have been treated unfairly. His personal stories begin with growing up in a northern Minnesota ethnic melting pot. Myron Bright continues to serve on the U.S. Court of Appeals for the Eighth Circuit, which has ruled on cases that touch some of the most significant issues in American history. Judge Bright has provided the heart for many of those rulings through is influence on the opinion-making process and speaking out with oral and written dissent.

Independent Agencies in the United States: Law, Structure, and Politics

Breger, Marshall J.
KF5407 .B725 2015


iaitusIndependent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for “contracting out,” self-regulation and incorporation by reference of private standards.

In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.

Invented by Law: Alexander Graham Bell and the Patent That Changed America

Beauchamp, Christopher
KF3116 .B43 2015


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Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.

Is Administrative Law Unlawful?

Hamburger, Philip
K3400 .H359 2014


ialuWith Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent.

Lawyers at Work

Kritzer, Herbert M.
KF300 .K749 2015


lawThis collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings-and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice.

A Legal History of the Civil War and Reconstruction: A Nation of Rights

Edwards, Laura F.
KF366 .E328 2015


lhotcwarAlthough hundreds of thousands of people died fighting in the Civil War, perhaps the war’s biggest casualty was the nation’s legal order. A Nation of Rights explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans’ relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated. Ultimately, Laura F. Edwards argues that this new nation of rights offered up promises that would prove difficult to sustain.

The Media, the Court, and the Misrepresentation: The New Myth of the Court

Solberg, Rorie Spill and Eric N. Waltenburg
KF8748 .S538 2015


mtcatmThe Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy.

This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ “extra-curricular” activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket.

Religion and the Law (HeinOnline) – Electronic resource


ratlWe are pleased to introduce a new library in HeinOnline: Religion and the Law. Consisting of more than 1,200 titles and 600,000 pages that include books, periodicals, and bibliographies, this collection provides a research platform for the development, history, organization, and fundamental principles of various world religions. The collection also includes the Christian Legal Society publications, an assortment of Canon Law, and rare historical bibles. This collection will grow tremendously as we continue to add new material in the future.

Separation of Powers and Legislative Organization: The President, the Senate, and Political Parties in the Making of House Rules

Sin, Gisela
KF4990 .S58 2015


sopaloThis book examines how the constitutional requirements of the lawmaking process, combined with the factional divisions within parties, affect U.S. representatives’ decisions about how to distribute power among themselves. The incorporation of the presidential, senatorial, and House factions in the analysis of House rule making marks an important departure from previous theories, which analyze the House as an institution that makes laws in isolation. This book argues that, by constitutional design, the success of the House in passing legislation is highly contingent on the actions of the Senate and the president; and therefore, also by constitutional design, House members must anticipate such actions when they design their rules. An examination of major rule changes from 1879 to 2013 finds that changes in the preferences of constitutional actors outside the House, as well as the political alignment of these political actors vis-…-vis House factions, are crucial for predicting the timing and directionality of rule changes.

The Supreme Court in a Separation of Powers System: The Nation’s Balance Wheel

Pacelle, Richard L.
KF8748 .P238 2015


sciasopsThe U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people.

Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the “balance wheel” in the American system.

Violence against Women and the Law

Richards, David L.
K5191.W65 R53 2015


vawatlThis book examines the strength of laws addressing four types of violence against women―rape, marital rape, domestic violence, and sexual harassment―in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.

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This entry was posted on June 23, 2015 by in Collection and tagged , .

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