Georgia Law Faculty Profiles

Alexander Campbell King Law Library

Featured Acquisitions - October 2007

See also: 
Recent Acquisitions in Selected Subject Areas


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The Summer of 1787:  The Men Who Invented the Constitution by David O. Stewart
New York : Simon & Schuster, c2007
KF4510 .S74 2007 Balcony

The successful creation of the Constitution is a suspense story. The Summer of 1787 takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now.

George Washington presided, James Madison kept the notes, Benjamin Franklin offered wisdom and humor at crucial times. The Summer of 1787 traces the struggles within the Philadelphia Convention as the delegates hammered out the charter for the world's first constitutional democracy. Relying on the words of the delegates themselves to explore the Convention's sharp conflicts and hard bargaining, David O. Stewart lays out the passions and contradictions of the often painful process of writing the Constitution.

It was a desperate balancing act. Revolutionary principles required that the people have power, but could the people be trusted? Would a stronger central government leave room for the states? Would the small states accept a Congress in which seats were alloted according to population rather than to each sovereign state? And what of slavery? The supercharged debates over America's original sin led to the most creative and most disappointing political deals of the Convention.

The room was crowded with colorful and passionate characters, some known -- Alexander Hamilton, Gouverneur Morris, Edmund Randolph -- and others largely forgotten. At different points during that sultry summer, more than half of the delegates threatened to walk out, and some actually did, but Washington's quiet leadership and the delegates' inspired compromises held the Convention together.

In a country continually arguing over the document's original intent, it is fascinating to watch these powerful characters struggle toward consensus -- often reluctantly -- to write a flawed but living and breathing document that could evolve with the nation. takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now.

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Corporate Governance and Regulatory Impact on Mergers and Acquisitions:  Research and Analysis on Activity Worldwide Since 1990 edited by Greg N. Gregorious & Luc Renneboog
Amsterdam ; Boston : Academic Press, c2007
HD2746.5 .C6693 2007 Basement

Corporate governance and regulatory pressures have been much in the news lately. How they affect the bottom line of corporations has been difficult to quantify, and research is just beginning to be published that address this crucial question. This book is the first collection fo new research about the impact of takeover regulation and corporate governance on M&A financial results. It will be essential reading to any M&A specialist, an investment banker, a hedge fund manager, a private equity director, or a venture capitalist. Also a must read for financial analysts who follow M&A targets.The book presents research from around the world so it provides a global perspective on this important topic. It is the first and only book of research on takeover regulation and corporate governance affecting M&A results. It stands out from all the "How to" books on M&A and M&A disaster books because it provides solid high-quality research on what works and how different decisions affect company and shareholder value. The research provides a guideline for decision makers in investment banks, private equity companies, and for financial analysts.

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The Supreme Court:  An Essential History by Peter Charles Hoffer, Williamjames Hull Hoffer, and N.E.H. Hull
Lawrence, Kan. : University Press of Kansas, c2007
KF8742.Z9 H64 2007  Balcony

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have produced the most readable, astute, and up-to-date single-volume history of this venerated institution, as engaging for general readers as it is rigorous for scholars.


The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog.

Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.

Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history.

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Bound by Law?  Tales from the Public Domain by Keith Aoki, James Boyle, and Jennifer Jenkins
[Durham, N.C.] : Duke [University] Center for the Study of the Public Domain c2006
KF3050 .A54 2006 Balcony

A documentary is being filmed. A cell phone rings, playing the “Rocky” theme song. The filmmaker is told she must pay $10,000 to clear the rights to the song. Can this be true? “Eyes on the Prize,” the great civil rights documentary, was pulled from circulation because the filmmakers’ rights to music and footage had expired. What’s going on here? It’s the collision of documentary filmmaking and intellectual property law, and it’s the inspiration for this new comic book. Follow its heroine Akiko as she films her documentary, and navigates the twists and turns of intellectual property. Why do we have copyrights? What’s “fair use”? Bound By Law reaches beyond documentary film to provide a commentary on the most pressing issues facing law, art, property and an increasingly digital world of remixed culture.

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Ten Tortured Words:  How the Founding Fathers Tried to Protect Religion in America ... and What's Happened Since  by Stephen Mansfield
Nashvile : Thomas Nelson, c2007
KF4865 .M29 2007 Balcony

Based on an intriguing examination of the First Amendment, Ten Tortured WordsTen Tortured Words combines extensive historical and legal research with interviews of contemporary thinkers and American voices, yet is practical in its examination of religion in society.
embodies centuries of diverse American legal ideas on the role of religion in our society. The First Amendment to the Constitution is one of the most fascinating, misunderstood, controversial, and defining sentences in American history. It has also undergone more transformation as a principle of law than any other intention of the Founding Fathers of this country. As important as this single Constitutional sentence is, few Americans know what it says, much less what it means and when it came into being.

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Mass Torts in a World of Settlement by Richard Nagareda
Chicago : University of Chicago Press, c2007
KF1250 .N34 2007 Balcony

The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation.

These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

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International Refugee Law and Socio-Economic Rights:  Refuge from Deprivation by Michelle Foster
Cambridge, UK ; New York : Cambridge University Press, 2007
K3230.R45 F67 2007  Sohn Library

A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.

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Sexual Citizens:  The Legal and Cultural Regulation of Sex and Belonging  by Brenda Cossman
Stanford, Calif. : Stanford University Press, 2007
HM683 .C67 2007  Basement

This book explores the relationship between sex and belonging in law and popular culture, arguing that contemporary citizenship is sexed, privatized, and self-disciplined. Former sexual outlaws have challenged their exclusion and are being incorporated into citizenship. But as citizenship becomes more sexed, it also becomes privatized and self-disciplined. The author explores these contesting representations of sex and belonging in films, television, and legal decisions. She examines a broad range of subjects, from gay men and lesbians, pornographers and hip hop artists, to women selling vibrators, adulterers, and single mothers on welfare. She observes cultural representations ranging from Queer Eye for the Straight Guy to Dr. Phil, Sex in the CityDesperate Housewives. She reviews appellate court cases on sodomy and same-sex marriage, national welfare reform, and obscenity regulation. Finally, the author argues that these representations shape the terms of belonging and governance, producing good (and bad) sexual citizens, based on the degree to which they abide by the codes of privatized and self-disciplined sex.


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Ipse Dixit:  How the World Looks to a Federal Judge by William L. Dwyer
Seattle : University of Washington School of Law : University of Washington Press, c2007
KF8775 .D89 2007 Balcony

During William L. Dwyer's fifteen-year tenure as a U.S. District Court judge, he presided over many complex and groundbreaking cases. In one of his most controversial rulings, he engaged environmentalists and the timber industry in a heavily publicized and emotionally fraught battle over the territory of the northern spotted owl, ultimately approving the bird for "threatened species" status and forcing the Forest Service to substantially reduce logging in owl-habitat areas.

Before his appointment to the district court in 1987, Dwyer had spent more than thirty years as a trial lawyer, never shying away from the most difficult cases. He argued the libel suit of accused Communist sympathizer John Goldmark; he represented newspaper employees in the contested proposal for a joint-operating agreement between the Seattle Times and Seattle Post-Intelligencer; and he brought a suit against baseball's American League that resulted in the return of the Mariners to Seattle.

The fifteen speeches in this volume cover a span from 1978 to 2002 and reveal the breadth and scope of Dwyer's legal wisdom. He championed libraries as keepers of our language, ideas, and history; he taught students the history and philosophy of litigation; and he challenged members of the legal profession to do more pro bono work. His respect for the rule of law and his belief in the necessary contribution of lawyers to society come through clearly in his own words, whether he was speaking to the American Library Association, the Federal Bar Association, or first-year law students. The volume includes several speeches that express Dwyer's hopes for the American legal system. "If we use our heads," Dwyer avers, "we have the collective ability to survive and to let the rest of life survive with us."


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Ellery's Protest:  How One Young Man Defied Tradition and Sparked the Battle over School Prayer  by Stephen D. Solomon
Ann Arbor : The University of Michigan Press, c2007
KF228.A25 S65 2007 Balcony

Great legal decisions often result from the heroic actions of average citizens. Ellery's Protest is the story of how one student's objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century---and a decision that still reverberates in the battle over the role of religion in public life.

Abington School District v. Schempp began its journey through the nation's courts in 1956, when sixteen-year-old Ellery Schempp protested his public school's compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court's decision in his favor was one of the most important rulings on religious freedom in our nation's history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase "under God."

Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family's struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery's Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray.

Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery's Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.



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Aggressive Nationalism:  McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic  by Richard E. Ellis
Oxford ; New York : Oxford University Press, 2007
KF228.M318 E45 2007 Balcony

McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating the Second Bank of the United States constitutional and Maryland's attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized.

Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, though unopposed to the Bank, helped to bring the case before the Court and a sympathetic Chief Justice, who worked behind the scenes to save the embattled institution. Almost all treatments of the case consider it solely from Marshall's perspective, yet a careful examination reveals other, even more important issues that the Chief Justice chose to ignore. Ellis demonstrates that the points which mattered most to the States were not treated by the Court's decision: the private, profit-making nature of the Second Bank, its right to establish branches wherever it wanted with immunity from state taxation, and the right of the States to tax the Bank simply for revenue purposes. Addressing these issues would have undercut Marshall's nationalist view of the Constitution, and his unwillingness to adequately deal with them produced immediate, widespread, and varied dissatisfaction among the States. Ellis argues that Marshall's "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jackson's democratic rejection of the decision and failed to reconcile states' rights to the effective operation of the institutions of federal governance.

Elegantly written, full of new information, and the first in-depth examination of McCulloch v. Maryland, Aggressive Nationalism offers an incisive, fresh interpretation of this familiar decision central to understanding the shifting politics of the early republic as well as the development of federal-state relations, a source of constant division in American politics, past and present.
  
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