New Books in the Library – September 2015

An American Dilemma: International Law, Capital Punishment, and Federalism

Atwell, Mary Welek
KF9227.C2 A98 2015


An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation’s obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

Voting Rights Under Fire: The Continuing Struggle for People of Color

Brown, Donathan L.
KF4893 .B76 2015


With the increasing demands for changes in how we vote, the authors analyze the complications of race tied to these proposed policies through historical and contemporary challenges: highlights the racial dimensions tied to the historical development of voting rights in the United States; illustrates how contemporary voting rights developments are connected to the goal of minimizing or suppressing the African American and Latino vote; presents the way voting rights laws continue to retrogress at the hands of lawmakers; demonstrates the increasing salience that race plays within public policy, especially pertaining to political power.

Teaching Law Online

Camero, Jennifer
KF279 .C36 2015


At last a guidebook exists that discusses the issues, technologies, and tools related to teaching law online.

Whether you are a new instructor or tenured professor, Teaching Law Online will help you understand the “ABC’s” of how to develop an online law course. This guidebook introduces law professors to distance education and then explains how to design, instruct, and manage an online course in an effective manner without sacrificing quality and the student experience.

Teaching Law Online is a necessary resource for any law professor interested in transitioning from the classroom into cyberspace.

Entrepreneurial Litigation: Its Rise, Fall, and Future

Coffee, John C.
KF8896 .C64 2015


John Coffee examines the dilemmas surrounding entrepreneurial litigation in a variety of specific contexts, including derivative actions, securities class actions, merger litigation, and mass tort litigation. His concise history traces how practices developed since the early days of the Republic, exploded at the end of the twentieth century, and then waned as Supreme Court decisions and legislation sharply curtailed the reach of entrepreneurial litigation. In an evenhanded account, Coffee assesses both the strengths and weaknesses of entrepreneurial litigation and proposes a number of reforms to achieve a fairer balance. His goal is to save the class action, not discard it, and to make private enforcement of law more democratically accountable. Taking a global perspective, he also considers the feasibility of exporting a modified form of entrepreneurial litigation to other countries that are today seeking a mechanism for aggregate representation.

When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint

Dembour, Marie-Benedicte
K3275 .D46 2015


The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of ‘migrants’ as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law.

Women-at-Law: Lessons Learned Along the Pathways to Success

Epstein, Phyllis Horn
KF299.W6 E654 2015


How do women lawyers define success in today’s world? For this new guide, author Phyllis Horn Epstein interviewed over 100 women lawyers of all ages, backgrounds,and lifestyle in a wide variety of practice settings in the nation.

Contract as Promise: A Theory of Contractual Obligation

Fried, Charles
K840 .F74 2015


This book displays the underlying structure of a complex body of law and integrates that structure with moral principles.

Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other’s trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle–as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability.

For law students and legal scholars, Contract as Promise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.

Already Doing It: Intellectual Disability and Sexual Agency

Gill, Michael Carl
RC570 .G55 2015


Why is the sexuality of people with intellectual disabilities often deemed “risky” or “inappropriate” by teachers, parents, support staff, medical professionals, judges, and the media? Should sexual citizenship depend on IQ? Confronting such questions head-on, Already Doing It exposes the “sexual ableism” that denies the reality of individuals who, despite the restrictions they face, actively make decisions about their sexual lives.

A powerfully argued call for sexual and reproductive justice for people with intellectual disabilities, Already Doing It urges a shift away from the compulsion to manage “deviance” (better known today as harm reduction) because the right to pleasure and intellectual disability are not mutually exclusive. In so doing, it represents a vital new contribution to the ongoing debate over who, in the United States, should be allowed to have sex, reproduce, marry, and raise children.

Doing Good Better: Effective Altruism and How
You Can Make a Difference

MacAskill, William
HM1146 .M33 2015


Most of us want to make a difference. We donate our time and money to charities and causes we deem worthy, choose careers we consider meaningful, and patronize businesses and buy products we believe make the world a better place. Unfortunately, we often base these decisions on assumptions and emotions rather than facts. As a result, even our best intentions often lead to ineffective—and sometimes downright harmful—outcomes. How can we do better?

While a researcher at Oxford, trying to figure out which career would allow him to have the greatest impact, William MacAskill confronted this problem head on. He discovered that much of the potential for change was being squandered by lack of information, bad data, and our own prejudice. As an antidote, he and his colleagues developed effective altruism, a practical, data-driven approach that allows each of us to make a tremendous difference regardless of our resources. Effective altruists believe that it’s not enough to simply do good; we must do good better.

Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Macedo, Stephen
HQ1033 .M33 2015


The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage’s future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage.

Media Freedom as a Fundamental Right

Oster, Jan
K3255 .O88 2015


Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is ‘the media’ to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

The Constitution of the United States of America: A Contextual Analysis

Tushnet, Mark V.
KF4550 .T872 2015


This is the second edition of Professor Mark Tushnet’s excellent short critical introduction to the history and current meaning of the United States’ Constitution. It is organized around two themes: first, the US Constitution is old, short, and difficult to amend. These characteristics have made constitutional ‘interpretation’ – especially by the US Supreme Court – the primary mechanism for adapting the Constitution to ever-changing reality. Second, the Constitution creates a structure of political opportunities that allows political actors, including political parties, to pursue the preferred policy goals, even to the point of altering the very structure of politics. Politics, that is, often gives meaning to the Constitution. Deploying these themes to examine the structure of the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way the US constitutional system has developed and what it means today.

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This entry was posted on September 29, 2015 by in Collection and tagged , .

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