Georgia Law - Alexander Campbell King Law Library

Featured Acquisitions - April 2006

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The American State Constitutional Tradition by John J. Dinan
Lawrence : University Press of Kansas, c2006
KF4541 .D56 2006

For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions.

In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution.

Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches.

Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor.

By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.

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Theodore Roosevelt and World Order:  Police Power in International Relations  by James R. Holmes
Washington, D.C. : Potomac Books, c2006
E757 .H65 2006 Sohn Library

Theodore Roosevelt and World Order presents a new understanding of TR's political philosophy while shedding light on some of today's most vexing foreign policy dilemmas. Most know that Roosevelt served as New York police commissioner during the 1890s, warring on crime while sponsoring reforms that reflected his good-government convictions. Later Roosevelt became an accomplished diplomat. Yet it has escaped attention that TR's perspectives on domestic and foreign affairs fused under the legal concept of "police power."

This gap in our understanding of Roosevelt's career deserves to be filled. Why? TR is strikingly relevant to our own age. His era shares many features with that of the twenty-first century, notably growing economic interdependence, failed states unable or unwilling to discharge their sovereign responsibilities, and terrorism from an international anarchist movement that felled Roosevelt's predecessor, William McKinley. Roosevelt exercised his concept of police power to manage the newly acquired Philippines and Cuba, to promote Panama's independence from Colombia, and to defuse international crises in Venezuela and Morocco. Since the end of the Cold War, and especially in the post-9/11 era, American statesmen and academics have been grappling with the problem of how to buoy up world order. While not all of Roosevelt's philosophy is applicable to today's world, this book provides useful historical examples of international intervention and a powerful analytical tool for understanding how a great power should respond to world events.

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The True Stella Awards:  Honoring Real Cases of Greedy Opportunists, Frivolous Lawsuits and the Law Run Amok  by Randy Cassingham 
New York : Dutton, 2005
KF8887 .C37 2005

Named for Stella Liebeck--the woman who spilled hot McDonald's coffee on herself and then won a lawsuit against the fast-food chain--humorist Randy Cassingham's popular Web site chronicles the hard-to-believe and amusing claims that have been brought before U.S. courts.

Now, for the first time in book form, The True Stella Awards presents some of the most outlandish and unbelievable-but-true lawsuits in America. Some of the Stella Award cases include:

-The man who legally changed his name to Jack Ass, and then sued MTV for $50 million because their TV show and movie Jackass infringed on his trademark and demeaned his "good name"

-The songwriter who left a minute's silence on his record only to be sued by the estate of another songwriter who copyrighted his own "silent" song

-The man who sued an amusement park after being the victim of the ultimate "Act of God": he was hit by lightning while standing next to his own car in the parking lot.

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Constitutions, Courts and History   by Renata Uitz
Budapest ; New York : Central European University Press, 2005
K3165 .U38 2005

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.

The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments.

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Murder, Magic and Madness:  The Victorian Trials of Dove and the Wizard by Owen Davies
Harlow, England ; New York : Pearson/Longman, 2005
HV6248.D675 D38 2005

In 1856 William Dove, a young tenant farmer, was tried and executed for the poisoning of his wife Harriet. The trial might have been a straightforward case of homicide, but because Dove became involved with Henry Harrison, a Leeds wizard, and demonstrated through his actions and words a strong belief in magic and the powers of the devil, considerable effort was made to establish whether these beliefs were symptomatic of insanity. It seems that Dove murdered his wife to hasten a prediction made by Harrison that he would remarry a more attractive and wealthy woman. Dove employed Harrison to perform various acts of magic, and also made his own written pact with the devil to improve his personal circumstances.

The book will study Dove's beliefs and Harrison's activities within the rural and urban communities in which they lived, and examine how modern cultures attempted to explain this largely hidden mental world, which was so sensationally exposed. The Victorian period is often portrayed as an age of great social and educational progress. This book shows how beliefs dismissed by some Victorians as 'medieval superstitions' continued to influence the thoughts and actions of many people, viz most famously Conan `table tapper' Doyle.

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Rethinking Bank Regulation:  Till Angels Govern by James R. Barth, Gerard Caprio, Jr., and Ross Levine
Cambridge [England] ; New York : Cambridge University Press, 2006
K1066 .B37 2006

This volume assembles and presents a new database on bank regulation in over 150 countries (included also on CD). It offers the first comprehensive cross-country assessment of the impact of bank regulation on the operation of banks, and assesses the validity of the Basel Committee's influential approach to bank regulation. The treatment also provides an empirical evaluation of the historic debate about the proper role of government in the economy by studying bank regulation and analyzes the role of politics in determining regulatory approaches to banking. The data also indicate that restrictions on the entry of new banks, government ownership of banks, and restrictions on bank activities hurt banking system performance. The authors find that domestic political factors shape both regulations and their effectiveness
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The Politics of Precedent on the U.S. Supreme Court by Thomas G. Hansford and James F. Spriggs II
Princeton : Princeton University Press, c2006
KF8748 .H365 2006

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change.

Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

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The Future of Human Rights  by Upendra Baxi
New Delhi ; New York : Oxford University Press, 20066
JC571 .B376 2006 Sohn Library

This monograph critically examines the contemporary discourses on the nature of 'human rights', their histories, the myths that are embedded in them, and contributes an alternative reading of those histories by placing the concerns and interests of the 'people in struggle and communities of resistance' at centre stage. It examines the cold reality that despite the last century being justly described as the century of human rights, the 'rightless and suffering peoples' still remain; it analyzes the gulf between the actuality and possibilities for the future. It analyzes the significance of the UN and the Universal Declaration of Human Rights and goes on to study the more contemporary issues such as women's struggle to feminize the understanding and practice of human rights, the post-modernist critique of the universal idiom of human rights and, most pertinently for the current world scene, it analyzes the impact of globalization on the human rights movement. The new edition includes a discussion of the proposed United Nations norms regarding the human rights responsiblities of multinational corporations and other business entities.
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Antonin Scalia's Jurisprudence:  Text and Tradition by Ralph A. Rossum
Lawrence : University Press of Kansas, c2006
KF8745.S33 R67 2006 Balcony

Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court.

This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents--carefully wrought, passionately argued, and filled with well-turned phrases--which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation.

Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment.

The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.

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The WTO and India's Pharmaceuticals Industry:  Patent Protection, TRIPS, and Developing Countries  by Sudip Chaudhuri
New Delhi ; New York : Oxford University Press, 2005
HD9672.I52 C5 2005 Basement

The establishment of the World Trade Organization (WTO) in 1995 brought about significant changes in international economic relations between countries. To comply with the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the WTO, India introduced product patent protection in pharmaceuticals from January 2005. TRIPS has generated a huge controversy in India and abroad. India has emerged as a major source of low-cost, quality drugs for the entire world and thus plays an important role.

While there are a large number of pharmaceutical manufacturers in the world, only a handful of multinationals dominate the industry. By using patent rights, multinational companies prevented developing countries like India from realizing their potential of industrial growth and drug prices were among the highest in the world.

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The Blackwell Handbook of Mediation:  Bridging Theory, Research, and Practice  edited by Margaret S. Herrman
Malden, MA ; Oxford : Blackwell Pub., 2006
HM1126 .B53 2006 Basement

This handbook invites readers who are interested in mediation, negotiation and conflict resolution to share the perspectives of experts in the field.

  • Contributors include scholars, mediators, trainers and negotiators, all of whom are passionate about their work.
  • Emphasises both internal and external factors as important sources of influence when negotiating conflicts.
  • Explores the cultural and institutional frameworks that have shaped intervention processes.
  • Considers what techniques might work when, how and why.
  • Demonstrates the sophistication of contemporary studies of mediation, negotiation and conflict resolution.

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    Research Handbook on Corporate Legal Responsibility edited by Stephen Tully
    Cheltenham, UK ; Northhampton, MA : Edward Elgar, c200
    K1329.5 .R47 2005

    The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position.

    The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors' duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, 'stakeholders' and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations.

    Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.

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    Preemption:  A Knife That Cuts Both Ways by Alan M. Dershowitz
    New York : W.W. Norton, c2006
    HM1116 .D47 2006 Basement

    Every so often, a startling book emerges that gives voice to a new or previously unexamined trend that is transforming society. Alan M. Dershowitz's provocative new work, Preemption, is just such a book, chronicling a paradigm shift in our approach to controlling destructive conduct. As he reveals, we are moving--whether in society's manner of fighting crime or in our response to terrorism--toward more preventive and proactive approaches and away from primary reliance on deterrent and reactive responses. Although the events of 9/11 have accelerated this revolutionary shift, Dershowitz compellingly documents that the seeds were planted much earlier. In this thought-provoking account, Dershowitz explores the historical origins of the change as well as its troubling implication for civil liberties, human rights, criminal justice, national security, and foreign policy.

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    On Common Laws  by H. Patrick Glenn
    Oxford ; New York : Oxford University Press, 2005
    K559 .G547 2005 Balcony

    The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another.

    Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.

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    The Popular Policeman and Other Cases:  Psychological Perspectives on Legal Evidence  by Willem Albert Wagenaar and Hans Crombag
    Amsterdam : Amsterdam University Press, c2005

    In this compelling title, two distinguished scholars share their experiences as expert witnesses in cases ranging from eyewitness testimony, person identification and recovered memories, to false confessions, collaborative storytelling and causal attribution, in the context of various interrogation techniques and their ability to deliver reliable results. Each chapter describes in lucid, entertaining prose a representative case in the context of scholarly literature to date, showing how psychological expertise has been (and can be) used in a legal setting.

    The cases include petty and serious crime, from illegal gambling, infringed trademarks and risque courtship behaviour, to honour killing and death on the climbing wall. The authors' findings and recommendations apply to legal systems worldwide. There is no other English-language textbook covering a similarly wide range of offences, and this volume will fill a gap in the existing literature and demonstrate how psychological expertise can be used in a much larger area than is often realised.

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