New Arrivals in the Law Library...
2012


THE NAKED CONSTITUTION : What the Founders Said and Why It Still Matters
KF4550 .F74 2012
By Freedman, Adam


In the spirit of Glenn Beck's Original Argument comes a lively manifesto on the need to recover the original meaning of the Constitution. From law school classrooms to the halls of Congress, America's elites have come to regard the Constitution as a mere decorative parchment to be kept under glass at the National Archives. In The Naked Constitution, conservative legal scholar Adam Freedman defends the controversial doctrine of originalism as the only way to restore the Founding Fathers' vision of American liberty. Freedman argues that the fashionable "Living Constitution" theory has been used by judges and politicians since the Progressive Era of the early 1900s to centralize power in Washington and to threaten individual freedom.

The Naked Constitution explains the fundamental themes animating America's founding charter: limited government, federalism, separation of powers, and individual liberty. Freedman explores the nature of each of the three branches of government as well as the key individual rights enshrined in the Constitution to show how original meaning can help answer the most pressing questions facing America today: Can the president invade another country without the approval of Congress? Can he assassinate or spy on American citizens in the name of fighting terror? Do corporations have the same "free speech" rights as individuals? Can the federal government coerce states to adopt particular policies, or force individuals to buy insurance? Ultimately, Freedman calls for a new constitutional convention that will free the nation from capricious courts and idiosyncratic judges, and limit the growth of government for decades to come.


THE DIGITAL RIGHTS MOVEMENT : The Role of Technology in Subverting Digital Copyright
K1447.95 .P67 2012
By Postigo, Hector


The movement against restrictive digital copyright protection arose largely in response to the excesses of the Digital Millennium Copyright Act (DMCA) of 1998. In The Digital Rights Movement, Hector Postigo shows that what began as an assertion of consumer rights to digital content has become something broader: a movement concerned not just with consumers and gadgets but with cultural ownership. Increasingly stringent laws and technological measures are more than inconveniences; they lock up access to our "cultural commons." Postigo describes the legislative history of the DMCA and how policy "blind spots" produced a law at odds with existing and emerging consumer practices. Yet the DMCA established a political and legal rationale brought to bear on digital media, the Internet, and other new technologies. Drawing on social movement theory and science and technology studies, Postigo presents case studies of resistance to increased control over digital media, describing a host of tactics that range from hacking to lobbying. Postigo discusses the movement's new, user-centered conception of "fair use" that seeks to legitimize noncommercial personal and creative uses such as copying legitimately purchased content and remixing music and video tracks. He introduces the concept of technological resistance--when hackers and users design and deploy technologies that allows access to digital content despite technological protection mechanisms--as the flip side to the technological enforcement represented by digital copy protection and a crucial tactic for the movement.


LIVING WITH GUNS : A Liberal's Case for the Second Amendment
KF3941 .W4425 2012
By Whitney, Craig R.


Newtown. Columbine. Virginia Tech. Tucson. Aurora. Gun violence on a massive scale has become a plague in our society, yet politicians seem more afraid of having a serious conversation about guns than they are of the next horrific shooting. Any attempt to change the status quo, whether to strengthen gun regulations or weaken them, is sure to degenerate into a hysteria that changes nothing. Our attitudes toward guns are utterly polarized, leaving basic questions unasked: How can we reconcile the individual right to own and use firearms with the right to be safe from gun violence? Is keeping guns out of the hands of as many law-abiding Americans as possible really the best way to keep them out of the hands of criminals? And do 30,000 of us really have to die by gunfire every year as the price of a freedom protected by the Constitution?

In Living with Guns, Craig R. Whitney, former foreign correspondent and editor at the New York Times, seeks out answers. He re-examines why the right to bear arms was enshrined in the Bill of Rights, and how it came to be misunderstood. He looks to colonial times, surveying the degree to which guns were a part of everyday life. Finally, blending history and reportage, Whitney explores how twentieth-century turmoil and culture war led to today's climate of activism, partisanship, and stalemate, in a nation that contains an estimated 300 million guns--and probably at least 60 million gun owners. In the end, Whitney proposes a new way forward through our gun rights stalemate, showing how we can live with guns--and why, with so many of them around, we have no other choice.


TOO MUCH FREE SPEECH?
KF4772 .B49 2012
By Bezanson, Randall P.


Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of "speech."

Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.


LAWLESS CAPITALISM : The Subprime Crisis and the Case for an Economic Rule of Law
HB3717 2008 .R36 2012
By Ramirez, Steven A.


The subprime mortgage crisis has been blamed on many: the Bush Administration, Bernie Madoff, the financial industry, overzealous housing developers. Yet little scrutiny has been placed on the American legal system as a whole, even though parts of that system, such as the laws that regulate high-risk lending, have been dissected to bits and pieces. In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law.

The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn't limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.


RACE, RAPE, AND INJUSTICE
KF4757 .R35 2012


This book tells the dramatic story of twenty-eight law students--one of whom was the author--who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment's Equal Protection Clause.

Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed--amazingly--to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster's and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination.



FROM THE CLOSET TO THE ALTAR : Courts, Backlash, and the Struggle for Same-Sex Marriage
KF539 .K58 2013
By Klarman, Michael J.


Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of the modern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolve in the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts.


ORAL ARGUMENTS AND COALITION FORMATION ON THE U.S. SUPREME COURT : A Deliberate Dialogue
KF8742 .B57 2012
Black, Ryan C.


The U.S. Supreme Court, with its controlled, highly institutionalized decision-making practices, provides an ideal environment for studying coalition formation. The process begins during the oral argument stage, which provides the justices with their first opportunity to hear one another's attitudes and concerns specific to a case. This information gathering allows them eventually to form a coalition.

In order to uncover the workings of this process, the authors analyze oral argument transcripts from every case decided from 1998 through 2007 as well as the complete collection of notes kept during oral arguments by Justice Lewis F. Powell and Justice Harry A. Blackmun. Both justices clearly monitored their fellow justices' participation in the discussion and used their observations to craft opinions their colleagues would be likely to support. This study represents a major step forward in the understanding of coalition formation, which is a crucial aspect of many areas of political debate and decision making.



Please select items you want to check out:

CLASSIFIED

(1) BOATS AND BOATING--LAW AND LEGISLATION--UNITED STATES.
Kuhne, Cecil C. The little book of boating law. Chicago, Ill. : American Bar Association, c2012. KF2558.P5 K84 2012

(2) CLIMATIC CHANGES--LAW AND LEGISLATION--UNITED STATES.
Climate change and insurance. 1st ed. Chicago, Ill. : American Bar Association, Tort Trial and Insurance Practice Section, c2012. KF3783 .C58 2012

(3) CONSTITUTIONAL LAW--UNITED STATES--INTERPRETATION AND CONSTRUCTION.
Freedman, Adam. The naked constitution : what the founders said and why it still matters. 1st ed. New York : Broadside Books, c2012. KF4550 .F74 2012

(4) COPYRIGHT AND ELECTRONIC DATA PROCESSING.
Postigo, Hector. The digital rights movement : the role of technology in subverting digital copyright. Cambridge, Mass. : The MIT Press, c2012. K1447.95 .P67 2012

(5) DISTANCE EDUCATION.
Neidorf, Robin. Teach beyond your reach : an instructor's guide to developing and running successful distance learning classes, workshops, training sessions, and more. Second edition. LC5800 .N45 2012

(6) EUROPEAN COURT OF HUMAN RIGHTS.
Bringing a case to the European Court of Human Rights : a practical guide on admissibility criteria. Nijmegen, The Netherlands : Wolf Legal Publishers, c2011. KJC5132.A52

(7) EXTERRITORIALITY.
Beyond territoriality : transnational legal authority in an age of globalization. Leiden ; Boston : Martinus Nijhofff Publishers, 2012. KZ3678 .B49 2012

(8) FIREARMS--LAW AND LEGISLATION--UNITED STATES.
Whitney, Craig R. Living with guns : a liberal's case for the Second Amendment. 1st ed. New York : Public Affairs, c2012. KF3941 .W4425 2012

(9) FREEDOM OF SPEECH--UNITED STATES.
Bezanson, Randall P. Too much free speech? Urbana : University of Illinois Press, c2012. KF4772 .B49 2012

(10) GLOBAL FINANCIAL CRISIS, 2008-2009--MORAL AND ETHICAL ASPECTS.
Ramirez, Steven A. Lawless capitalism : the subprime crisis and the case for an economic rule of law. New York : New York University Press, 2012. HB3717 2008 .R36 2012

(11) HUMAN REMAINS (ARCHAEOLOGY)--REPATRIATION--LAW AND LEGISLATION--UNITED STATES.
McKeown, C. Timothy. In the smaller scope of conscience : the struggle for national repatriation legislation, 1986-1990. Tucson, Ariz. : University of Arizona Press, c2012. KF8210.A57 M38 2012

(12) INTELLECTUAL PROPERTY--ECONOMIC ASPECTS.
Maskus, Keith E. Private rights and public problems : the global economics of intellectual property in the 21st century. Washington, DC : Peterson Institute for International Economics, 2012. K1401 .M376 2012

(13) LAW--INTERPRETATION AND CONSTRUCTION.
Greenawalt, Kent. Statutory and common law interpretation. Oxford ; New York : Oxford University Press, c2013. K231 .G74 2013

(14) LIFE IMPRISONMENT--ENGLAND.
Mitchell, Barry, author. Exploring the mandatory life sentence for murder. HV9960.G7 M58 2012

(15) MEDICAL INFORMATICS--LAW AND LEGISLATION.
eHealth : legal, ethical and governance challenges. 1st ed. Berlin ; New York : Springer, 2013. K3611.R43 E34 2013

(16) MEDICINE--PATENTS--LAW AND LEGISLATION.
Ghosh, Shubha. Identity, invention, and the culture of personalized medicine patenting. K1519.B54 G49 2012

(17) PIRACY.
Maritime piracy and the construction of global governance. New York : Routledge, 2013. KZ7212 .M37 2013

(18) PRACTICE OF LAW--UNITED STATES.
Hermann, R. L. Practicing law in small-town America. [Chicago] : American Bar Association, c2012. KF297 .H475 2012

(19) RACE DISCRIMINATION--LAW AND LEGISLATION--LATIN AMERICA.
Hernandez, Tanya Kateri, author. Racial subordination in Latin America : the role of the state, customary law, and the new civil rights response. New York : Cambridge University Press, 2013. KG574 .H45 2013

(20) RACE DISCRIMINATION--LAW AND LEGISLATION--UNITED STATES--HISTORY.
Race, rape, and injustice : documenting and challenging death penalty cases in the civil rights era. Knoxville : University of Tennessee Press, 2012. KF4757 .R35 2012

(21) REHNQUIST, WILLIAM H., 1924-2005.
Jenkins, John A. The partisan : the life of William Rehnquist. 1st ed. New York : PublicAffairs, c2012. KF8745.R44 J46 2012

(22) SAME-SEX MARRIAGE--LAW AND LEGISLATION--UNITED STATES--HISTORY.
Klarman, Michael J. From the closet to the altar : courts, backlash, and the struggle for same-sex marriage. Oxford ; New York : Oxford University Press, 2013. KF539 .K58 2013

(23) SOCIAL ENTREPRENEURSHIP.
Social innovation : blurring boundaries to reconfigure markets. Houndmills, Basingstoke, Hampshire ; New York : Palgrave Macmillan, 2012. HD60 .S63 2012

(24) SOVEREIGNTY.
Cohen, Jean L., author. Globalization and sovereignty : rethinking legality, legitimacy, and constitutionalism. Cambridge, UK : Cambridge University Press, [2012], 2012. JZ4034 .C63 2012

(25) UNITED STATES. ENDANGERED SPECIES ACT OF 1973.
Doub, J. Peyton. The Endangered Species Act : history, implementation, successes, and controversies. Boca Raton : Taylor & Francis, c2013. KF5640 .D68 2013

(26) UNITED STATES. SUPREME COURT--DECISION MAKING.
Black, Ryan C. Oral arguments and coalition formation on the U.S. Supreme Court : a deliberate dialogue. Ann Arbor : University of Michigan Press, c2012. KF8742 .B57 2012

(27) UNITED STATES--FOREIGN RELATIONS--CHINA.
Gross, Donald. The China fallacy : how the U.S. can benefit from China's rise and avoid another Cold War. New York : Bloomsbury, c2013. E183.8.C5 G76 2013

(28) WATER--LAW AND LEGISLATION--UNITED STATES.
Zimmerman, Joseph Francis. Interstate water compacts : intergovernmental efforts to manage America's water resources. Albany : State University of New York Press, c2012. KF5569 .Z56 2012




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