Featured New Books

February 2019

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The EU Design Approach: A Global Appraisal

Book chapter by Professor Stacey Dogan – “Greeted with a shrug: the impact of the Community Design System on United States law

EU legislation for the protection of designs has been described as a ‘third way’ in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU’s unique Design Approach; assessing its formation, development and impact over the past decade.

The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention.

IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up to date EU and national case law.

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Federal Administrative Law

By Professor Gary Lawson

This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. The book maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Eighth Edition contains six new principal cases and numerous new notes on topics ranging from executive orders to the appointments clause to the definition of the record in informal proceedings. The book prominently continues, from the prior edition, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.

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Religious Freedom, LGBT Rights, and the Prospects for Common Ground

Book chapter by Professor Linda McClain – “The rhetoric of bigotry and conscience in battles over ‘religious liberty v. LGBT rights”

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities’ contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities – from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality – from Obergefell to Masterpiece Cakeshop – and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

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Let the People See: The Story of Emmett Till

The world knows the story of young Emmett Till. In August 1955, the fourteen-year-old Chicago boy supposedly flirted with a white woman named Carolyn Bryant, who worked behind the counter of a country store, while visiting family in Mississippi. Three days later, his mangled body was recovered in the Tallahatchie River, weighed down by a cotton-gin fan. Till’s killers, Bryant’s husband and his half-brother, were eventually acquitted on technicalities by an all-white jury despite overwhelming evidence. It seemed another case of Southern justice.

Then details of what had happened to Till became public, which they did in part because Emmett’s mother, Mamie Till-Mobley, insisted that his casket remain open during his funeral. The world saw the horror, and Till’s story gripped the country and sparked outrage. Black journalists drove down to Mississippi and risked their lives interviewing townsfolk, encouraging witnesses, spiriting those in danger out of the region, and above all keeping the news cycle turning. It continues to turn. In 2005, fifty years after the murder, the FBI reopened the case. New papers and testimony have come to light, and several participants, including Till’s mother, have published autobiographies. Using this new evidence and a broadened historical context, Elliott J. Gorn delves more fully than anyone has into how and why the story of Emmett Till still resonates, and always will. Till’s murder marked a turning point, Gorn shows, and yet also reveals how old patterns of thought and behavior endure, and why we must look hard at them.

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Refuge Lost: Asylum Law in an Interdependent World

As Europe deals with a so-called ‘refugee crisis’, Australia’s harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash’s innovative interdisciplinary analysis shows how policies and practices that ‘work’ in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.

 

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Crashed: How a Decade of Financial Crises Changed the World

In September 2008 President George Bush could still describe the financial crisis as an incident local to Wall Street. In fact it was a dramatic caesura of global significance that spiraled around the world, from the financial markets of the UK and Europe to the factories and dockyards of Asia, the Middle East, and Latin America, forcing a rearrangement of global governance. In the United States and Europe, it caused a fundamental reconsideration of capitalist democracy, eventually leading to the war in the Ukraine, the chaos of Greece, Brexit, and Trump.

It was the greatest crisis to have struck Western societies since the end of the Cold War, but was it inevitable? And is it over? Crashed is a dramatic new narrative resting on original themes: the haphazard nature of economic development and the erratic path of debt around the world; the unseen way individual countries and regions are linked together in deeply unequal relationships through financial interdependence, investment, politics, and force; the ways the financial crisis interacted with the spectacular rise of social media, the crisis of middle-class America, the rise of China, and global struggles over fossil fuels.

Finally, Tooze asks, given this history, what now are the prospects for a liberal, stable, and coherent world order?

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Research Handbook on Human Rights and Digital Technology: Global Politics, Law and International Relations

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights.
An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression.

This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource.

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The Wrongful Convictions Reader

Fueled by more than 2,000 exonerations of wrongfully convicted men and women, the “innocence revolution” is shaking the criminal justice system to its core. By gathering the leading research, law, and policy analysis into one volume, The Wrongful Convictions Reader explores the core contributing factors to wrongful convictions: false confessions, witness misidentifications, cognitive bias, junk science, police and prosecutorial misconduct, and ineffective assistance of counsel.

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The Positive Second Amendment: Rights, Regulation, and the Future of Heller

The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment – what it forbids, what it permits, how it functions as law – distort the gun debate and America’s constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the ‘constitutional’ Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America’s debate over gun rights and regulation..

 

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Ruth Bader Ginsburg: A Life

In this large, comprehensive, revelatory biography, Jane De Hart explores the central experiences that crucially shaped Ginsburg’s passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. At the heart of her story and abiding beliefs—her Jewish background. Tikkun olam, the Hebrew injunction to “repair the world,” with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter’s feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school).

From Ruth’s days as a baton twirler at Brooklyn’s James Madison High School, to Cornell University, Harvard and Columbia Law Schools (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women’s Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school’s first tenured female professor); becoming the director of the women’s rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men.

Her years on the U.S. Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs—aiming left, swinging right, hitting down the middle. Her years on the Supreme Court . . .

A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

Texts from book descriptions. Copyright reserved by publishers.