Featured Acquisitions - Alexander Campbell King Law Library

Featured Acquisitions - January 2008

See also: Recent Acquisitions in Selected Subject Areas


		Romance in the Ivory Tower : The Rights and Liberty of Conscience by Paul R. Abramson Cambridge, Mass. : MIT Press, c2007 KF4770 .A92 2007 Balcony Allen Ginsberg once declared that "the best teaching is done in bed," but most university administrators would presumably disagree. Many universities prohibit romantic relationships between faculty members and students, and professors who transgress are usually out of a job. In Romance in the Ivory Tower, Paul Abramson takes aim at university policies that forbid relationships between faculty members and students. He argues provocatively that the issue of faculty-student romances goes beyond the seemingly trivial matter of who sleeps with whom and engages our fundamental constitutional rights. By what authority, Abramson asks, did the university become the arbiter of romantic etiquette among consenting adults? Do we, as consenting adults, have a constitutional right to make intimate choices as long as they do not cause harm? Abramson contends that we do, and bases this claim on two arguments. He suggests that the Ninth Amendment (which states that the Constitution's enumeration of certain rights should not be construed to deny others) protects the "right to romance." And, more provocatively, he argues that the "right to romance" is a fundamental right of conscience - as are freedom of speech and freedom of religion. Campus romances happen. The important question is not whether they should be encouraged or prohibited but whether the choice to engage in such a relationship should be protected or precluded. Abramson argues ringingly that our freedom to make choices - to worship, make a political speech, or fall in love - is fundamental. Rules forbidding faculty-student romances are not only unconstitutional but set dangerous precedents for further intrusion into rights of privacy and conscience.
		The State vs. Nelson Mandela : The Trial that Changed South Africa by Joel Joffe Oxford : Oneworld, c2007 KTL42.R58 J64 2007 Sohn Library On 11 July 1963, police raided Liliesleaf Farm at Rivonia near Johannesburg, arresting alleged members of the high command of the armed wing of the African National Congress (ANC). Together with the already imprisoned Nelson Mandela, they were put on trial and charged with conspiring to overthrow the apartheid government by violent revolution. Their expected punishment was death. In this book, their defense attorney, Joel Joffe, gives a blow-by-blow account of the most important trial in South Africa's history. Vividly portraying the characters of those involved, Joffe exposes the astonishing bigotry and rampant discrimination faced by the accused, as well as showing their incredible courage under fire.
		Uncovering the Constitution's Moral Design by Paul R. DeHart Columbia MO : University of Missouri Press, c2007 KF4552 .D44 2007 Balcony The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound - and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.
		Law and Order in Buffalo Bill's Country : Legal Culture and Community on the Great Plains, 1867-1910 by Mark R. Ellis Lincoln : University of Nebraska Press, c2007 KFN562 .E43 2007 Basement Law and Order in Buffalo Bill's Country is a case study of law and legal culture in Lincoln County, Nebraska, during the nineteenth century. Mark R. Ellis argues that nascent nineteenth-century Great Plains communities shared an understanding of the law that allowed for the immediate implementation of legal institutions such as courts, jails, and law enforcement. A common legal culture, imported from New England and the Midwest, influenced frontier communities to uphold traditions of law and order even in the "wild and wooly" frontier community of North Platte, Nebraska. This study is one of the first to examine legal institutions on the Great Plains. By setting aside the issue of a violent frontier West and focusing instead on community building and legal institutions, this study presents a very different image of the frontier-era Great Plains.
		Opening the Floodgates : Why America Needs to Rethink Its Borders and Immigration Laws by Kevin R. Johnson New York : New York University Press, c2007 KF4819 .J645 2007 Balcony Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.
		Unlikely Angel : The Untold Story of the Atlanta Hostage Hero by Ashley Smith with Stacy Mattingly Grand Rapids, Mich. : Zondervan ; [New York] : William Morrow, c2005 BR1725.S49 A3 2005 Basement In March 2005, Ashley Smith made headlines around the globe when she miraculously talked her way out of the hands of alleged courthouse killer Brian Nichols after he took her hostage for seven hours in her suburban Atlanta apartment. In this moving, inspirational account, the 27-year-old widowed mother of a six-year-old girl shares for the first time the little-known details of her traumatic ordeal, and expands on how her faith and the bestselling book The Purpose-Driven Life helped her survive and bring the killer's murderous rampage to a peaceful end. Like her captor, Smith too has faced darkness and despair. Yet even during the most desolate times of her life, she yearned for something better. Seeking a new life, she had moved to Atlanta, gotten a job, enrolled in a medical assistant training program, and was beginning to find her way to becoming the kind of mom she wanted her little girl to have. Then Brian Nichols took her hostage. Just hours earlier, he'd allegedly shot to death a judge, a court reporter, a deputy, and a federal agent, and escaped in a stolen vehicle. Ashley had paid only passing attention to media coverage of the unfolding manhunt. Now she found herself face-to-face with Nichols, a desperate, heavily armed man with nothing left to lose. Unlikely Angel is Ashley's gripping, powerful account of how this nightmare scenario developed into a remarkable connection between a man wanted for multiple murders and a single mother struggling to make a fresh beginning from her troubled past. Juxtaposing the minute-by-minute tale of her experience with the never-before-told tragedies and triumphs of her own life, Unlikely Angel is a story that will leave no reader untouched.
		Defending the Damned : Inside Chicago's Cook County Public Defender's Office by Kevin Davis New York : Atria, c2007 KF224.O43 D38 2007 Balcony Chicago was the nation's deadliest city in 2001, recording 666 homicides. For lawyers in the Cook County Public Defender's Office Murder Task Force, that meant a steady flow of new clients. Eight out of ten people arrested for murder in Chicago are represented by public defenders. They're assigned the most challenging and seemingly hopeless cases, yet they always fight to win. One of those lawyers is Marijane Placek, a snakeskin boot-wearing, Shakespeare-quoting nonconformist whose courtroom bravado and sharp legal skills have made her a well-known figure around the courthouse. When an ex-convict was arrested on charges of killing a Chicago police officer that deadly year, Placek got the high-profile case, and her defense forms the hub around which the book's narrative revolves. This work comes at a time when the country has seen how wrongful convictions have slipped through the system, that innocent people have been sent to death row, and that some police have lied or coerced suspects into confessing to crimes they did not commit. Such flaws drive these public defenders even harder to do their jobs, providing scrutiny to a long ignored and often broken system.
		My Grandfather's Son : A Memoir by Clarence Thomas New York : Harper, c2007 KF8745.T48 A3 2007 Balcony My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court justice Clarence Thomas, told in his own words. Thomas was born in rural Georgia on June 23, 1948, into a life marked by poverty and hunger. His parents divorced when Thomas was still a baby, and his father moved north to Philadelphia, leaving his young mother to raise him and his brother and sister on the ten dollars a week she earned as a maid. At age seven, Thomas and his six-year-old brother were sent to live with his mother's father, Myers Anderson, and her stepmother in their Savannah home. It was a move that would forever change Thomas's life. His grandfather, whom he called "Daddy," was a black man with a strict work ethic, trying to raise a family in the years of Jim Crow. Thomas witnessed his grandparents' steadfastness despite injustices, their hopefulness despite bigotry, and their deep love for their country. His own quiet ambition would propel him to Holy Cross and Yale Law School, and eventually - despite a bitter, highly contested public confirmation - to the highest court in the land. In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time, and pays homage to the man who made it possible. Intimately and eloquently, Thomas speaks out, revealing the pieces of his life he holds dear, detailing the suffering and injustices he has overcome, including the acrimonious and polarizing Senate hearing involving a former aide, Anita Hill and the depression and despair it created in his own life and the lives of those closest to him. My Grandfather's Son is the story of a determined man whose faith, courage, and perseverance inspired him to rise up against all odds and achieve his dreams.
		The Future of Reputation : Gossip, Rumor, and Privacy on the Internet by Daniel J. Solove New Haven : Yale University Press, c2007 K3264.C65 S65 2007 Balcony Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives - often of dubious reliability and sometimes totally false - will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumor on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers an account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other manifestations of current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.
		Who Needs to Know? : The State of Public Access to Federal Government Information by Patrice McDermott Lanham, Md. : Bernan Press, c2007 KF5753 .M43 2007 Balcony In recent years, there has been a lot of debate about the suppression of federal government information on the basis of national or homeland security. While this book will look at those concerns and attempt to present some of the recent history of withdrawn access, it also draws a wider picture and looks at the controls that have been imposed on public access in a variety of arenas.
		Bench Press : The Collision of Courts, Politics, and the Media edited by Keith J. Bybee Stanford, Calif. : Stanford Law and Politics, c2007 KF5130 .B46 2007 Balcony In this first-of-its-kind collection, figures from the academy, the bench, and the press reflect on the state of the American judiciary. Using the results of a specially commissioned public opinion poll as a starting point, the contributors examine the complex mix of legal principle, political maneuvering, and press coverage that swirl around judicial selection and judicial decision making today. Essays examine the rise of explicitly political state judicial elections, the merits of judicial appointments, the rhetoric of federal judicial confirmation hearings, the quality of legal reporting, the portrayal of courts on the Internet, the inevitable tensions between judges and journalists, and the importance of regulating judicial appearances.
		Finding Jefferson : A Lost Letter, a Remarkable Discovery, and the First Amendment in an Age of Terrorism by Alan Dershowitz Hoboken, N.J. : John Wiley & Sons, c2008 KF4772 .D47 2008 Balcony Freedom of speech, the right to voice one's opinions without fear of government reprisal, is one of America's most dearly held principles - championed by the founding fathers, enshrined in the Bill of Rights, and exercised with passion and frequency by Americans of every persuasion. What happens, however, when a speaker publicly exhorts others to violent acts that threaten to cause injury or death? Can a line be drawn between speech that incites violence and that which does not, or is all speech protected under that Bill of Rights? Even Thomas Jefferson himself was silent on the subject - until now. In Finding Jefferson, author Alan Dershowitz tells a remarkable story about how his passion for collecting led him to a discovery of tremendous historical and present-day importance. On September 8, 2006, in a dusty old Manhattan bookstore, he found an 1801 letter written by his hero Thomas Jefferson that speaks directly to the issue of intentionally harmful or dangerous speech. Dershowitz applies his knowledge of Jefferson to the question of whether to restrict free speech in an age of terrorism and suicide bombings, when deterrence is rarely an option. Quoting freely from Jefferson's many writings on law, rights, and national survival, and citing his actions during the Aaron Burr treason trial, Dershowitz presents a compelling case that, today, Jefferson would probably opt for some narrow restrictions against speech intended to incite violence but would insist on protecting all other types of speech.
		Hans Kelsen's Pure Theory of Law : Legality and Legitimacy by Lars Vinx Oxford ; New York : Oxford University Press, 2007 K339 .V558 2007 Balcony This book argues that Hans Kelsen's legal theory, the Pure Theory of Law, needs to be read in the context of Kelsen's political theory. It offers the first interpretation of the Pure Theory that makes use of Kelsen's conception of the rule of law, of his theory of democracy, his defense of constitutional review, and his views on international law.
		The Devil's Gentleman : Manhattan's Bon Vivant Poisoner and the Trial that Ushered in the Twentieth Century by Harold Schechter New York : Ballantine Books, c2007 HV6534.N5 S34 2007 Basement From renowned true-crime historian Harold Schechter, comes the exploration of a notorious, sensational New York City murder in the 1890s, the fascinating forensic science of an earlier age, and the explosively dramatic trial that became a tabloid sensation at the turn of the century. Death was by poison and came in the mail: A package of Bromo Seltzer had been anonymously sent to Harry Cornish, the popular athletic director of Manhattan's elite Knickerbocker Athletic Club. Cornish barely survived swallowing a small dose; his cousin Mrs. Katherine Adams died in agony after ingesting the toxic brew. Scandal sheets owned by Hearst and Pulitzer eagerly jumped on this story of fatal high-society intrigue, speculating that the devious killer was a chemist, a woman, or "an effeminate man." Forensic studies suggested cyanide as the cause of death; handwriting on the deadly package and the vestige of a label glued to the bottle pointed to a handsome, athletic society scamp, Roland Molineux. The wayward son of a revered Civil War general, Molineux had clashed bitterly with Cornish before. He had even furiously denounced Cornish when penning his resignation from the Knickerbocker Club, a letter that later proved a major clue. Bon vivant Molineux had recently wed the sensuous Blanche Chesebrough, an opera singer whose former lover, Henry Barnet, had also recently died ... after taking medicine sent to him through the mail. Molineux's subsequent indictment for murder led to two explosive trials, a sex-infused scandal that shocked the nation, and a lurid print-media circus that ended in madness and a proud family's disgrace. Schechter captures all the colors of the tumultuous legal case, gathering his own evidence and tackling subjects no one dared address at the time - all in hopes of answering the tantalizing question: What powerfully dark motives could drive the wealthy scion of an eminent New York family to foul murder?
		Taking the Stand : Rape Survivors and the Prosecution of Rapists by Amanda Konradi Westport, Conn. : Praeger, 2007 KF9329 .K66 2007 Balcony Taking the Stand follows 47 rape survivors of varied ages and ethnicities, from the terror and trauma of rape through reporting to law enforcement, police investigation and indictment, hearings for probable cause and trials, plea bargaining, and sentencing. It focuses on women's experiences throughout the process and demonstrates how every experience is different. The problems that rape survivors face in the criminal justice process are not simply the result of the adversarial nature of court, defense tactics, or their own emotional reactions to violent sexual domination. Problems emerge from: (1) the social networks in which survivors are situated, (2) their variable access to emotional and financial resources, (3) their lack of knowledge about the formal and informal practices of courtrooms, (4) their lack of structural power in the criminal justice process, and (5) standard procedures employed by prosecutors and police. By recognizing individual differences in rape survivors, and their rape experiences, criminal justice personnel can better serve victims, and by understanding the layers of criminal investigation and prosecution, survivors and their families can play a more active role on their own terms in an effort to bring about justice. A rape survivor herself, Konradi exposes in the raw language of the victims the very sensitive nature of the topic and the personal obstacles survivors face. By addressing each stage of the criminal justice process, she makes it easier for those who seek justice to make decisions and choose behaviors that will positively affect their outcomes and their personal experiences with the system.
		Lincoln the Lawyer by Brian Dirck Urbana : University of Illinois Press, c2007 E457.2 .D575 2007 Basement Despite historians' focus on the man as president and politician, Abraham Lincoln lived most of his adult life as a practicing lawyer. It was as a lawyer that he fed his family, made his reputation, bonded with Illinois, and began his political career. Lawyering was also how Lincoln learned to become an expert mediator between angry antagonists, as he applied his knowledge of the law and of human nature to settle one dispute after another. Frontier lawyers worked hard to establish respect for the law and encourage people to resolve their differences without intimidation or violence. These were the very skills Lincoln used so deftly to hold a crumbling nation together during his presidency. The growth of Lincoln's practice attests to the trust he was able to inspire, and his travels from court to court taught him much about the people and land of Illinois. Lincoln the Lawyer explores the origins of Lincoln's desire to practice law, his legal education, his partnerships with John Stuart, Stephen Logan, and William Hemdon, and the maturation of his far-flung practice in the 1840s and 1850s. Brian Dirck provides a context for law as it was practiced in mid-century Illinois and evaluates Lincoln's merits as an attorney by comparison with his peers. He examines Lincoln's clientele, his circuit practice, his views on legal ethics, and the supposition that he never defended a client he knew to be guilty. This approach allows readers not only to consider Lincoln as he lived his life - it also shows them how the law was used and developed in Lincoln's lifetime, how Lincoln charged his clients, how he was paid, and how he addressed judge and jury.