Featured New Books

March 2017

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Texts and Contexts in Legal History: Essays in Honor of Charles Donahue

Edited by Professor di Robilant and contains a chapter by Professor Seipp

Renowned legal historian, Charles Donahue, serves as the inspiration for this volume of essays covering a range of topics of interest to legal historians, legal scholars, and others. Inspired by Donahue’s insights into the value of understanding both text and context, this volume brings together 26 contributions from leading historians in Europe and North America.

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Doping in Sport and the Law

This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse relevant legal fields. It also contains perspectives on medicine and psychology which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The WADA Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 15 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a medical or scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.

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Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress

Unorthodox Lawmaking introduces students to the intricacies of Congress while also providing the tools to assess the relative successes and limitations of the legislative process. It explores the full range of special procedures and processes that make up the legislative process, as well as the reasons these unconventional routes evolved. New coverage also includes changes to the filibuster rules under Harry Reid, and the fiscal cliff and government shutdowns

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To Whom Do Children Belong?: Parental Rights, Civic Education, and Children’s Autonomy

Most people believe that parents have rights to direct their children’s education and upbringing. But why? What grounds those rights? How broad is their scope? Can we defend parental rights against those who believe we need more extensive state educational control to protect children’s autonomy or prepare them for citizenship in a diverse society? Amid heated debates over issues like sexual education, diversity education and vouchers, Moschella cuts to the heart of the matter, explaining why education is primarily the responsibility of parents, not the state. Rigorously argued yet broadly accessible, the book offers a principled case for expanding school choice and granting exemptions when educational programs or regulations threaten parents’ ability to raise their children in line with their values. Philosophical argument is complemented with psychological and social scientific research showing that robust parental rights’ protections are crucial for the well-being of parents, children and society as a whole.
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The U.S. Supreme Court and the Domestic Force of International Human Rights Law

The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system?

The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court’s handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices’ standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

 

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Lawyers as Changemakers: The Global Integrative Law Movement

Integrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. Integrative Law isn’t just an approach to legal procedures. It has to do with a fundamental shift in world view, an expansion of what we think is possible. Integrative Lawyers explore and draw upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality. They bring this consciousness into the law and are partners with colleagues in other disciplines.

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Anonymous Speech: Literature, Law and Politics

Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists’ sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on the social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.

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Locked In: The True Causes of Mass Incarceration—and How to Achieve Real Reform

In the 1970s, the United States had an incarceration rate comparable to those of other liberal democraciesand that rate had held steady for over 100 years. Yet today, though the US is home to only about 5 percent of the world’s population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?
Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanationsthe failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisonstell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don’t pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimesand why some people are violent in the first place.
An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.
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Understanding Health Inequalities and Justice: New Conversations across the Disciplines

The need for informed analyses of health policy is now greater than ever. The twelve essays in this volume show that public debates routinely bypass complex ethical, sociocultural, historical, and political questions about how we should address ideals of justice and equality in health care. Integrating perspectives from the humanities, social sciences, medicine, and public health, this volume illuminates the relationships between justice and health inequalities to enrich debates.

Understanding Health Inequalities and Justice explores three questions: How do scholars approach relations between health inequalities and ideals of justice? When do justice considerations inform solutions to health inequalities, and how do specific health inequalities affect perceptions of injustice? And how can diverse scholarly approaches contribute to better health policy? From addressing patient agency in an inequitable health care environment to examining how scholars of social justice and health care amass evidence, this volume promotes a richer understanding of health and justice and how to achieve both.

 

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Behind the Bench: The Guide to Judicial Clerkships

Author Debra M. Strauss, J.D. explains all aspects of clerkships in this newly revised edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out.

Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all elements of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. As an entrée into the world of the courts, this is an indispensable handbook for every law student and potential judicial clerk!

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