New Books in the Library – February

New Faculty Publication


Sexual Exploitation of Teenagers

Drobac, Jennifer Ann
KF3467 .D758 2016


When we consider the concept of sexual abuse and harassment, our minds tend to jump either towards adults caught in unhealthy relationships or criminals who take advantage of children. But the millions of maturing teenagers who also deal with sexual harassment can fall between the cracks.

When it comes to sexual relationships, adolescents pose a particular problem. Few teenagers possess all of the emotional and intellectual tools needed to navigate these threats, including the all too real advances made by supervisors, teachers, and mentors. In Sexual Exploitation of Teenagers, Jennifer Drobac explores the shockingly common problem of maturing adolescents who are harassed and exploited by adults in their lives. Reviewing the neuroscience and psychosocial evidence of adolescent development, she explains why teens are so vulnerable to adult harassers. Even today, in an age of increasing public awareness, criminal and civil law regarding the sexual abuse of minors remains tragically inept and irregular from state to state. Drobac uses six recent cases of teens suffering sexual harassment to illuminate the flaws and contradictions of this system, skillfully showing how our current laws fail to protect youths, and offering an array of imaginative legal reforms that could achieve increased justice for adolescent victims of sexual coercion.

Featured Title


Divergent Paths: The Academy and the Judiciary

Posner, Richard A.
KF8775 .P67 2016


dpJudges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges―at the risk of intellectual stagnation―to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it.

The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner’s analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering.

Law schools, he points out, have great potential to promote much-needed improvements in the judiciary, but doing so will require significant changes in curriculum, hiring policy, and methods of educating future judges. If law schools start to focus more on practical problems facing the American legal system rather than on debating its theoretical failures, the gulf separating the academy and the judiciary will narrow.

More New Books


Confronting the Death Penalty: How Language Influences Jurors in Capital Cases

Conley, Robin
KF9227.C2 C65 2016


Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials.

The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors’ decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death.

Cornerstone of Liberty: Property Rights in 21st Century America

Sandefur, Timothy
KF562 .S26 2016


Ten years after the Supreme Court’s infamous eminent domain decision, Kelo v. New London, Timothy and Christina Sandefur’s Cornerstone of Liberty surveys the landscape of property rights in the United States, from redevelopment projects that seize people’s homes and businesses for the benefit of politically-connected developers, to environmental regulations that forbid people from building homes on land they supposedly own, to asset-forfeiture laws that let the police seize property involved in a crime even if the owner is not accused of any wrongdoing.  This second edition has been almost completely rewritten, incorporating details learned only after Kelo was decided, as well as an analysis of the post-Kelo reform efforts, and more recent Supreme Court decisions such as the Sackett and Koontz cases.  The Sandefurs combine real-life stories with the philosophical and legal background of private property rights to show why the right to ownership is one of the most essential of human rights. The Sandefurs also provide practical recommendations for better protecting property owners.

Earl Warren and the Struggle for Justice

Moke, Paul
KF8745.W3 M65 2015


Few individuals did more to shape the political and legal landscape of twentieth century America than Earl Warren. Throughout fifty years of public service, Warren pursued a Progressive vision of ethical and effective government that brought moral integrity to the nation’s public policies, especially in the fields of racial relations, criminal justice, and freedom of marital association. Warren’s path-breaking approach to legal writing and his management of the responsibilities of the Office of Chief Justice encouraged public understanding of and support for the work of the Supreme Court. But his controversial years in California state government and as Chair of the Warren Commission on the Assassination of President Kennedy also featured serious lapses in judgment and uncritical deference to authority figures in matters of national security that have clouded his legacy. This thoughtful and readable biography offers an updated and balanced appraisal of Warren’s leading social justice decisions and a liberal critique of his failings that provides new insights into Warren, the man, the jurist, and the leader.

Exporting Freedom: Religious Liberty and American Power

Su, Anna
KF4783 .S8 2016


Anna Su traces America’s exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States’ obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations―in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions.

The Future of the Professions: How Technology Will Transform the Work of Human Experts

Susskind, Richard E.
HD8038.A1 S98 2015


This book predicts the decline of today’s professions and describes the people and systems that will replace them. In an Internet society, according to Richard Susskind and Daniel Susskind, we will neither need nor want doctors, teachers, accountants, architects, the clergy, consultants, lawyers, and many others, to work as they did in the 20th century.
The Future of the Professions explains how ‘increasingly capable systems’ — from telepresence to artificial intelligence — will bring fundamental change in the way that the ‘practical expertise’ of specialists is made available in society. The authors challenge the ‘grand bargain’ — the arrangement that grants various monopolies to today’s professionals. They argue that our current professions are antiquated, opaque and no longer affordable, and that the expertise of their best is enjoyed only by a few. In their place, they propose six new models for producing and distributing expertise in society. The book raises important practical and moral questions. In an era when machines can out-perform human beings at most tasks, what are the prospects for employment, who should own and control online expertise, and what tasks should be reserved exclusively for people? Based on the authors’ in-depth research of more than ten professions, and illustrated by numerous examples from each, this is the first book to assess and question the relevance of the professions in the 21st century.

Human Rights Approaches to Climate Change: Challenges and Opportunities

Atapattu, Sumudu A.
K3585.5 .A98 2016


Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently.
This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate “refugees” – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

Language Assistance under the Voting Rights Act: Are Voters Lost in Translation?

Reilly, Shauna
KF4896.L56 R45 2015


Language Assistance under the Voting Rights Act provides an interesting and unique approach to the problem of translating minority language ballots and evaluating the causes and effects of differences in the translated ballot language. As a whole, this book demonstrates the strong relationship between accessibility, state policy, and the role this has on participation among minority language voters, particularly in the area of direct democracy. This offers insight into the complex relationship that has evolved into the current state of governance across the United States, as well as how covered jurisdictions interact with federally mandated language assistance. By looking at this relationship from a variety of standpoints—including historical and policy analysis, interviews, and statistical analysis—this book shows a new perspective of the translation process and the implications for minority voters and their efficacy.

The Lawyer’s Guide to Writing Well

Goldstein, Tom
KF250 .G65 2016


In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.

Notes toward a Performative Theory of Assembly

Butler, Judith
K3256 .B88 2015


Judith Butler elucidates the dynamics of public assembly under prevailing economic and political conditions, analyzing what they signify and how. Understanding assemblies as plural forms of performative action, Butler extends her theory of performativity to argue that precarity―the destruction of the conditions of livability―has been a galvanizing force and theme in today’s highly visible protests.

Butler broadens the theory of performativity beyond speech acts to include the concerted actions of the body. Assemblies of physical bodies have an expressive dimension that cannot be reduced to speech, for the very fact of people gathering “says” something without always relying on speech. Drawing on Hannah Arendt’s view of action, yet revising her claims about the role of the body in politics, Butler asserts that embodied ways of coming together, including forms of long-distance solidarity, imply a new understanding of the public space of appearance essential to politics.

Butler links assembly with precarity by pointing out that a body suffering under conditions of precarity still persists and resists, and that mobilization brings out this dual dimension of corporeal life. Just as assemblies make visible and audible the bodies that require basic freedoms of movement and association, so do they expose coercive practices in prison, the dismantling of social democracy, and the continuing demand for establishing subjugated lives as mattering, as equally worthy of life. By enacting a form of radical solidarity in opposition to political and economic forces, a new sense of “the people” emerges, interdependent, grievable, precarious, and persistent.

Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections

Hasen, Richard L.
JK1991 .H37 2016


Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech.

The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.

Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South

Rodríguez Garavito, César A.
K3367 .R63 2015


This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical and comparative framework for understanding these constitutional innovations and illustrates them with a detailed qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court’s structural injunction affecting the rights of over 5 million internally displaced people in Colombia, and its implementation process. While the ruling (known as T-025 in Colombia) was handed down in 2004, its monitoring process continues to this day. This book traces the case’s evolution over the last ten years from its origin to its effects on law, policy, politics, and public opinion. The far-reaching insights from this case study will be of interest to scholars of comparative constitutionalism as well as leading constitutional courts around the world.

Unfit for Democracy: The Roberts Court and the Breakdown of American Politics

Gottlieb, Stephen E.
KF8742 .G684 2016


Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy.
A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.

Unmanned Aircraft in the National Airspace: Critical Issues, Technology, and the Law

KF2406 .U56 2015


This book provides insight into the emerging areas of unmanned aircraft law with a technological perspective. With the understanding that the law and the technology it regulates form a complex and intertwined bond, this book covers both the laws of unmanned aircraft and the respective technological foundations required to understand and work with the law in an informed manner. Unmanned aircraft law is a subset of aviation law, with its own unique perspective. As such, aviation law foundations are critical to the unmanned aviation legal scholar/practitioner and are covered appropriately throughout the book.

Also covered are the legal foundations of insurance and risk, product liability, system security, information assurance, and safety. Additionally, this book has a section on Constitutional law, covering emerging areas that may impact civil rights and civil liberties, as well as issues concerning the media, such as freedom of the press and freedom to cover stories involving collaboration with law enforcement. In essence, this book brings together the legal, technological, and operational perspectives of unmanned aircraft law into one comprehensive resource.

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This entry was posted on March 2, 2016 by in Collection and tagged , .

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