Featured New Books - November 2012

Supreme Court and the Fourth Amendment's exclusionary rule - maclin

The Supreme Court and the Fourth Amendment's exclusionary rule / Tracey Maclin. New York : Oxford University Press, 2012.
KF9662 .M25 2012 Annex

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.  Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

Arbitration of international business disputes - park

Arbitration of international business disputes : studies in law and practice / William W. Park. Oxford : Oxford University Press, 2012
K2400 .P368 2012 Annex

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.  Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

the oath - toobin

The oath : the Obama White House and the Supreme Court / Jeffrey Toobin. New York : Doubleday, c2012
KF8742 .T66 2012 Annex

Toobin, a staff writer for The New Yorker, adds to his works of political analysis (including 2008's The Nine: Inside the Secret World of the Supreme Court) with this thorough exploration of the relationship between the Supreme Court and the Obama administration. After discussing the repercussions of Chief Justice John Roberts botching the oath at the 2009 presidential inauguration, Toobin sets the stage by reviewing Roberts' professional background, as well as Obama's views on the Constitution and the "precocious political skills" that enabled him to rise to the top. Toobin profiles new, current, and former justices, providing glimpses into their personal and professional lives while highlighting their individual personalities and talents, demonstrating what each justice brings to the Court, and how these factors affect their interactions. With great attention to detail, he also expounds on the outcomes and implications of many recent cases, including Hamdan v. Rumsfeld, Federal Election Commission v. Wisconsin Right to Life, and the recent ruling on the Affordable Care Act. Though Toobin's exhaustively researched study is marred by a haphazard structure and weak conclusion, it is nevertheless as readable, and informative, as his magazine pieces, and will greatly interest those involved in politics.

lincoln's code - witt

Lincoln's code : the laws of war in American history / John Fabian Witt. New York : Free Press, 2012
KF7210 .W58 2012 Annex

This significant work by Witt, a professor at Yale Law School, adds to the history of the Civil War, and of America’s major contribution, starting with the Revolution, to the idea that war’s conduct can be regulated by law. That notion originated in December 1862, when Abraham Lincoln commissioned Francis Lieber to develop a code for the Union Army that summarized the customary rules for armies in combat as understood by all the armies of Europe. The code’s 157 articles, short and pithy, define right conduct in specific situations and establish the reasoning and the principles underlying the rules. Its author, not a lawyer but a professor of history and political science, produced “a working document for the soldier and the layman.” Witt (The Accidental Republic) establishes and supports a provocative case that the code reflects two competing, fundamental American ideals: humanitarianism and justice. Their interaction means America’s laws regulating war have been developed in the context of a distinctively destructive American style of war making. They have been repeatedly adapted to fit “the felt imperatives of the moment.” But, Witt suggests, war’s laws are more than self-interested redefinitions. Their durability and the equally durable debates surrounding them offer reasonable expectations, though not utopian hopes.

the partisan - jenkins

The partisan : the life of William Rehnquist / John A. Jenkins. New York : PublicAffairs, c2012
KF8745.R44 J46 2012 Annex

A. Jenkins, editor of CQ Press and a veteran legal journalist, traces the life of William Rehnquist, who was appointed to the U.S. Supreme Court in 1972 and became chief justice in 1986. As Jenkins underscores, Rehnquist's years as chief justice were characterized by a markedly conservative shift in Supreme Court jurisprudence. Jenkins takes the view that Rehnquist was an ideologue rather than a legal scholar and theorist, it his "expedient and unyielding conservatism" most apparent in his view that federalism, the balance between the states and the federal government, had "revolutionary potential" — as potential, the author says, has been realized in the Roberts's court. And while Jenkins is an informed and balanced commentator on the politics surrounding presidential appointments to the Court, Rehnquist's legal legacy, and relationships among the justices, he is equally interested in Rehnquist the man—his character, his predilections, his demons. Jenkins offers a mixed but often unflattering view of Rehnquist. There are also revelations for those who have not been Court cognoscenti, foremost among them Rehnquist's long battle with an addiction to prescription pain-killers. In an accessible and satisfying biography, Jenkins finds the right balance between the law and the man, the legal and the human.

tried and convicted - cicchini

Tried and convicted : how police, prosecutors, and judges destroy our constitutional rights / Michael D. Cicchini. Lanham : Rowman & Littlefield Publishers, c2012
KF4749 .C525 2012 Annex

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

knockoff economy - raustiala

The knockoff economy : how imitation sparks innovation / Kal Raustiala and Christopher Sprigman. Oxford ; New York : Oxford University Press, c2012
KF3080 .R38 2012 Annex

The Knockoff Economy approaches the question of incentives and innovation in a wholly new way--by exploring creative fields where copying is generally legal, such as fashion, food, and even professional football. By uncovering these important but rarely studied industries, Raustiala and Sprigman reveal a nuanced and fascinating relationship between imitation and innovation. In some creative fields, copying is kept in check through informal industry norms enforced by private sanctions. In others, the freedom to copy actually promotes creativity. High fashion gave rise to the very term "knockoff," yet the freedom to imitate great designs only makes the fashion cycle run faster--and forces the fashion industry to be even more creative. The authors carry their analysis from food to font design to football plays to finance, examining how and why each of these vibrant industries remains innovative even when imitation is common. There is an important thread that ties all these instances together--successful creative industries can evolve to the point where they become inoculated against--and even profit from--a world of free and easy copying. And there are important lessons here for copyright-focused industries, like music and film, that have struggled as digital technologies have made copying increasingly widespread and difficult to stop. The authors’ arguments have been making headlines in The New Yorker, the New York Times, the Financial Times, the Boston Globe, Le Monde, and at the Freakonomics blog, where they are regular contributors.

failed evidence - harris

Failed evidence : why law enforcement resists science / David A. Harris. New York : New York University Press, c2012
HV9950 .H396 2012 Annex

With the popularity of crime dramas like “C.S.I.” focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth, asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together, as police have traditionally done—produces a significant number of incorrect identifications. Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment. Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, the book will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.

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