Featured New Books - August 2014


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The business of being a lawyer

The Business of Being a Lawyer (BBL) is premised on the fact that each of us, as a lawyer, is a business, our own business, whether we work for a law firm, have a solo practice, work in a public interest or government office, or work in a law-related field, we need to know our own balance sheet. What are our assets and liabilities? What are our short-term and long-term business plans? What investments should we make in our business? Viewing ourselves as a business is more imperative than ever given the volatility of the legal economy. This book covers four topics: (1) Economic trends in the legal profession and what these trends mean for law students and practicing lawyers; (2) Personal financial planning basics and how personal financial planning impacts one s career decisions, (3) Emotional Intelligence (EQ) issues such as recognizing and using one s strengths, cultivating habits of resilience, and dealing with stress and setbacks, (4) How to be an effective free agent throughout one s career (in light of the fact that the average lawyer now changes jobs seven times in a career). The approach of this book is descriptive, readable and practical, with case studies and specific advice.


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The Oxford handbook of refugee and forced migration studies

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. 

This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterize this rapidly expanding field of research and practice.


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Religion, law and society

Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.


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The Indian law legacy of Thurgood Marshall

For much of the 20th century, Thurgood Marshall was a pioneer in advocacy for the disenfranchised, ground under the wheels of American Justice. In view of his activism as a law student at Howard, a protégé of Charles Houston, and then as advocate and chief counsel for the NAACP Legal defense Fund, no one can question his legitimacy as a catalyst for social justice. What then of his career on the Supreme Court. How might that passion for social justice translate in his decisions of our highest court? An examination of his published opinions in cases involving Indian law should show the extent to which that idealism matured as legal principle.
This work endeavors, then, to examine nineteen published Indian law decisions, dating from 1970 to 1987. Using the analytical paradigms suggested by Laurence, Hanna, and Tsosie, these decisions will be mined to expose the reasoning and logic that informed them. Some of Marshall's opinions are written for the majority, at times unanimous, but generally contentious. Others of his opinions come from his published dissents. One finds Marshall frequently at odds with Justice Powell and Justice Rehnquist. What emerges is, with rare exception, a consistency of thought and reason throughout Justice Marshall's opinions. His rationale was based on a consistent view of sovereignty, an adherence to the canon of construction in Indian law, and his view that legislative intent must be clearly articulated. Undergirding all of his work was the knowledge that American Justice had and was frequently used to promote injustice and social inequity. 


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Torture and moral integrity : a philosophical enquiry

Torture and Moral Integrity is about the wrongness of torture and the nature of morality. It discusses multiple types of torture with great philosophical acuity and it seeks to explain why interrogational torture and other types of torture are always and everywhere morally wrong. At the same time, it rigorously plumbs the general structure of morality and the intricacies of moral conflicts and it probes some of the chief grounds for the moral illegitimacy of various modes of conduct. It sophisticatedly defends a deontological conception of morality against some subtle critiques that have been mounted during the past few decades by proponents of consequentialism. 
The book tackles a concrete moral problem: a problem that has been heatedly debated during recent years in the governmental and military institutions of many countries as well as in academic circles. At the same time it tackles some very abstract issues in moral and political philosophy. Moreover, as becomes apparent at numerous junctures, the abstract ruminations and the concrete prescriptions are closely connected: Kramer's recommendations concerning the legal consequences of the perpetration of torture by public officials or private individuals, for example, are based squarely on his more abstract accounts of the nature of torture and the nature of morality. His philosophical reflections on the structure of morality are the vital background for his approach to torture, and his approach to torture is a natural outgrowth of those philosophical reflections.


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Part of the family? : nannies, housekeepers, caregivers and the battle for domestic workers' rights

Love and compassion are at the heart of domestic labor, yet historically, domestic workers have been rendered invisible—by society and in the eyes of the law. Mostly foreign-born women, these workers have been excluded from labor protections that workers in the rest of the economy take for granted. However, in the past decade, a growing movement has emerged calling for domestic workers to share in the same rights guaranteed other workers, which is likely to lead to one of the most critical and encompassing labor battles of the twenty-first century.

Part of the Family? Nannies, Housekeepers, Caregivers and the Battle for Domestic Workers' Rights chronicles the rising political and social movement to secure labor protections for domestic workers who toil in our homes cleaning, cooking, and caring for our children and elders. Through interviews with the leaders and activists who are forging new and unlikely political alliances among workers, employers, policymakers and other social justice movements, as well as analysis of the historical underpinnings of the current fight for improved conditions and protections for domestic workers, this important and timely book will shine an overdue light on the invisible laborers who are so critical to our economy (and our families).


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Our word is our bond : how legal speech acts

Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Derrida and Heidegger to show how claims of law are performative and passionate utterances or social acts that appeal implicitly to justice.
Our Word Is Our Bond explains that neither law nor justice are what lawyers and judges say, nor what officials and scholars claim they are. However inadequate our law and language may be to the world, Constable argues that we know our world and name our ways of living and being in it through law and language. Justice today, however impossible to define and difficult to determine, depends on relations we have with one another through language and on the ways in which legal speech—the claims and responses that we make to one another in the name of the law—acts.


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The structure of pluralism : on the authority of associations

Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor.

As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state.

In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.


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Constitutionalism in global constitutionalisation

Constitutionalism offers a governance order a set of normative values including, amongst others, the rule of law, divisions of power and democratic legitimacy. These normative values regulate the relationship between constituent and constituted power holders. Such normative constitutional legal orders are commonplace in domestic systems but the global constitutionalisation debate seeks to identify a constitutional narrative beyond the state. This book considers the manner in which the global constitutionalisation debate has neglected constitutionalism within its proposals. It examines the role normative constitutionalism plays within a constitutionalisation process, and considers the use of community at both the domestic and global governance levels to identify the holders of constituent and constituted power within a constitutional order. In doing so this analysis offers an alternative narrative for global constitutionalisation based within normative constitutionalism.


 


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