New Arrivals in the Law Library...
June/July 2013


NEW PLEADING IN THE 21ST CENTURY: Slamming the Federal Courthouse Doors?
KF8840 .D63 2013
By Dodson, Scott


New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years.

The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.



CAPTURED BY EVIL: The Idea of Corruption in Law
K5261 .U55 2013
By Underkuffler, Laura S.


One of the most powerful words in the English language, corruption is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes -- categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples, including former assembly woman Diane Gordon and former governor Rod Blagojevich, this book explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law.


WHAT MONEY CAN'T BUY : The Moral Limits of Markets
HB72 .S255 2012
By Sandel, Michael J.


Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In this book the author takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life including medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, the author argues, we have drifted from having a market economy to being a market society. Is this where we want to be? What is the proper role of markets in a democratic society, and how can we protect the moral and civic goods that markets don't honor and that money can't buy?


MRS. SHIPLEY'S GHOST : The Right to Travel and Terrorist Watchlists
KF4785 .K34 2013
By Kahn, Jeffrey


Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.

In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.



PEN AND INK WITCHCRAFT : Treaties and Treaty Making in American Indian History
KF8205 .C35 2013
By Calloway, Colin G.


Indian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated. In Pen and Ink Witchcraft, eminent Native American historian Colin G. Calloway narrates the history of diplomacy between North American Indians and their imperial adversaries, particularly the United States.


RULES, POLITICS, AND THE INTERNATIONAL CRIMINAL COURT : Committing to the Court
KZ7312 .D88 2013
By Dutton, Yvonne


In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court's ability to realize treaty goals, examining questions such as : Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC's enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC's enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state's human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights


THE THREE LAWS OF INTERNATIONAL INVESTMENT : National, Contractual, and International Frameworks for Foreign Capital
K3830 .S225 2013
By Salacuse, Jeswald W.


There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.


WORLD WAR II LAW AND LAWYERS : Issues, Cases, and Characters
K124.W37 S53 2013
By Shaw, Thomas J.


The Second World War saw the rise not only of new technologies, new freedoms, new terrors, and a new world order, but of new legal issues. This book takes a global perspective in looking at the legal situations in seven major countries affected by the war. Fifty legal issues are identified from the war, ranging from subverting the judiciary and creating a divine military to economic and social issues to genocide and nuclear weapons. And more than 300 lawyers and judges, from more than 20 countries around the world, are brought to life. Whether you want to read this book to gain a global perspective to WWII legal issues or gain a comprehensive understanding of the legal issues involved this book has something for everyone, lawyer, history buff, or general reader.



THE TOUGH LUCK CONSTITUTION AND THE ASSAULT ON HEALTH CARE REFORM
KF3605 .K67 2013
By Koppelman, Andrew


In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access.


THE FORGOTTEN PRESIDENTS : Their Untold Constitutional Legacy
KF5051 .G47 2013
By Gerhardt, Michael J.


Their names linger in memory mainly as punch lines, synonyms for obscurity: Millard Fillmore, Chester Arthur, Calvin Coolidge. They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today. Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity. Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.


COURTHOUSE DEMOCRACY AND MINORITY RIGHTS : Same-Sex Marriage in the States
KF539 .H86 2013
By Hume, Robert J.


In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume examines how the democratization of state courts and state constitutional systems has influenced the capacity of judges to protect minority rights. Through an intensive examination of same-sex marriage policy, Hume shows that democratic innovations like judicial elections and initiative amendment procedures have conditioned the impact of judges on state marriage laws. Using a combination of original and publicly available data, Hume demonstrates that "courthouse democracy" has influenced the behavior of state judges, the reactions of the public to state court decisions, and the long-term policy consequences of these decisions, including the passage of state constitutional amendments. Hume concludes that judges will be capable of producing meaningful social change-and protecting minority rights-only when they have the institutional resources that they need to stand against popular opinion.



Please select items you want to check out:

CLASSIFIED

(1) AFRICAN AMERICANS--CIVIL RIGHTS--HISTORY.
Higginbotham, F. Michael. Ghosts of Jim Crow : ending racism in post-racial America. New York : New York University Press, 2013. E185.61 .H58 2013

(2) BASKETBALL--LAW AND LEGISLATION--UNITED STATES.
Linsky, Melissa Altman, author. The little book of basketball law. Chicago, Illinois : American Bar Association, 2013. KF3989 .L56 2013

(3) CIVIL PROCEDURE--UNITED STATES.
Dodson, Scott, author. New pleading in the twenty-first century : slamming the federal courthouse doors? New York : Oxford University Press, 2013. KF8840 .D63 2013

(4) CLIMATIC CHANGES--EFFECT OF HUMAN BEINGS ON.
Goreham, Steve. The mad, mad, mad world of climatism : mankind and climate change mania. Special ed. New Lenox, IL : New Lenox Books, c2013. QC903 .G674 2013

(5) COMMERCIAL LAW--UNITED STATES--STATES.
Burnham, Scott J., author. The ABCs of the UCC. Article 1, General provisions. Second edition. Chicago, Ilinois : ABA Business Law Section, 2013. KF889.85 .B87 2013

(6) CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (1980).
Lindhorst, Taryn. Battered women, their children, and international law : the unintended consequences of the Hague Child Abduction Convention. Boston : Northeastern University Press, 2012. K707 .L56 2012

(7) COPYRIGHT AND ELECTRONIC DATA PROCESSING--UNITED STATES.
Herman, Bill D. The fight over digital rights : the politics of copyright and technology. Cambridge ; New York : Cambridge University Press, 2013. KF3024.E44 H47 2013

(8) CORRUPTION--PHILOSOPHY.
Underkuffler, Laura S. Captured by evil : the idea of corruption in law. New Haven : Yale University Press, 2013. K5261 .U55 2013

(9) CUSTODY OF CHILDREN--UNITED STATES--PSYCHOLOGICAL ASPECTS.
Stahl, Philip Michael. Forensic psychology consultation in child custody litigation : a handbook for work product review, case preparation, and expert testimony. Chicago, Illinois : ABA Section of Family Law, 2013. KF547 .S733 2013

(10) DOMESTIC RELATIONS--UNITED STATES.
Bix, Brian. The Oxford introductions to U.S. law. Family law. Oxford UK ; New York : Oxford University Press, 2013. KF505 .B59 2013

(11) ECONOMICS--MORAL AND ETHICAL ASPECTS.
Sandel, Michael J. What money can't buy : the moral limits of markets. 1st ed. New York : Farrar, Straus and Giroux, 2012. HB72 .S255 2012

(12) ELECTIONS--EUROPE--CONGRESSES.
European Commission for Democracy through Law. European electoral heritage : 10 years of the Code of Good Practice in Electoral Matters. Strasbourg : Council of Europe Pub., 2013. JN94.A95 E97 2013

(13) FREEDOM OF EXPRESSION--UNITED STATES.
Redish, Martin H., author. The adversary First Amendment : free expression and the foundations of American democracy. Stanford, California : Stanford Law Books, an imprint of Stanford University Press, 2013. KF4770 .R428 2013

(14) FREEDOM OF MOVEMENT--UNITED STATES.
Kahn, Jeffrey, author. Mrs. Shipley's ghost : the right to travel and terrorist watchlists. Ann Arbor : The University of Michigan Press, 2013. KF4785 .K34 2013

(15) HUMAN RIGHTS--ASIA.
Human rights in the Asia-Pacific region : towards institution building. Milton Park, Abingdon, Oxon, England ; New York, N.Y. : Routledge, 2011. KM572 .H86 2011

(16) HUMAN TRAFFICKING.
Hepburn, Stephanie, author. Human trafficking around the world : hidden in plain sight. New York : Columbia University Press, 2013. K5297 .H47 2013

(17) INDIANS OF NORTH AMERICA--TREATIES.
Calloway, Colin G. Pen and ink witchcraft : treaties and treaty making in American Indian history. New York, NY : Oxford University Press, 2013. KF8205 .C35 2013

(18) INTERNATIONAL CRIMINAL COURT.
Dutton, Yvonne. Rules, politics, and the international criminal court : committing to the court. Abingdon, Oxon England : Routledge, 2013. KZ7312 .D88 2013

(19) INTERNET--LAW AND LEGISLATION--UNITED STATES.
Cyberspace law : censorship and regulation of the Internet. Milton Park, Abingdon, Oxon : Routledge, 2013. KF390.5.C6 C94 2013

(20) INVESTMENTS, FOREIGN--LAW AND LEGISLATION.
Salacuse, Jeswald W. The three laws of international investment : national, contractual, and international frameworks for foreign capital. First edition. Oxford, United Kingdom : Oxford University Press, 2013. K3830 .S225 2013

(21) JUDGES--UNITED STATES.
Reiss, Christina Clair. Guide to judicial well-being. Washington, D.C. : Federal Judicial Center, 2013. KF8775 .R45 2013

(22) LAW--UNITED STATES--HISTORY.
A companion to American legal history. Chichester, West Sussex, UK : Wiley- Blackwell, 2013. KF352 .C66 2013

(23) LAWYERS--HISTORY.
Shaw, Thomas J. (Attorney), author. World War II law and lawyers : issues, cases, and characters. Chicago, Illinois : American Bar Association, 2013. K124.W37 S53 2013

(24) NATIONAL HEALTH INSURANCE--LAW AND LEGISLATION--UNITED STATES.
Koppelman, Andrew. The tough luck constitution and the assault on health care reform. New York, NY : Oxford University Press, 2013. KF3605 .K67 2013

(25) PIRACY (INTERNATIONAL LAW).
Modern piracy : legal challenges and responses. Cheltenham, UK : Edward Elgar, 2013. KZ7212 .M63 2013

(26) POLICE QUESTIONING--UNITED STATES.
Scenes of a crime videorecording. Los Angeles, Calif. : New Box Productions, 2012. HV8073.3 .S34 2012

(27) PRESIDENTS--LEGAL STATUS, LAWS, ETC.--UNITED STATES--HISTORY.
Gerhardt, Michael J. The forgotten presidents : their untold constitutional legacy. Oxford, UK ; New York : Oxford University Press, 2013. KF5051 .G47 2013

(28) SAME-SEX MARRIAGE--LAW AND LEGISLATION--UNITED STATES--STATES.
Hume, Robert J. Courthouse democracy and minority rights : same-sex marriage in the states. Oxford : Oxford University Press, 2013. KF539 .H86 2013

(29) UNITED STATES. FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976.
Sanchez, Ernesto J. The Foreign Sovereign Immunities Act deskbook. Chicago, Illinois : ABA Section of International Law, 2013. KF1309.5.A3281976 A2 2013


Your name:

Your email address:

Comment/Notes:

Back to Law Faculty Services Page