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Featured Acquisitions - April 2011

 

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Woman Lawyer: the Trials of Clara Foltz by Barbara Babcock
Stanford, CA: Stanford University Press, 2011
KF368.F585 B33 2011 Balcony

Woman Lawyer tells the story of Clara Foltz, the first woman admitted to the California Bar. Famous in her time as a public intellectual, leader of the women's movement, and legal reformer, Foltz faced terrific prejudice and well-organized opposition to women lawyers as she tried cases in front of all-male juries, raised five children as a single mother, and stumped for political candidates. She was the first to propose the creation of a public defender to balance the public prosecutor. Woman Lawyer uncovers the legal reforms and societal contributions of a woman celebrated in her day, but lost to history until now. It casts new light on the turbulent history and politics of California in a period of phenomenal growth and highlights the interconnection of the suffragists and other movements for civil rights and legal reforms.


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Legally Poisoned: How the Law Puts Us at Risk from Toxicants by Carl F. Cranor
Cambridge, MA: Harvard University Press, 2011
RA566.3.C73 2011 Basement

Take a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television-all are manufactured with brominated flame-retardants. In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.


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We Must Not be Afraid to be Free: Stories of Free Expression in America by Ronald K.L. Collins and Sam Chaltain
New York: Oxford University Press, 2011
KF4772.C65 2011 Balcony

In We Must Not Be Afraid to Be Free, Ron Collins and Sam Chaltain, two noted free speech scholars and activists, provide authoritative and vivid portraits of free speech in modern America. The authors offer a series of engaging accounts of landmark First Amendment cases, including bitterly contested cases concerning loyalty oaths, hate speech, flag burning, student anti-war protests, and McCarthy-era prosecutions. The book also describes the colorful people involved in each case--the judges, attorneys, and defendants--and the issues at stake. Tracing the development of free speech rights from a more restrictive era--the early twentieth century--through the Warren Court revolution of the 1960s and beyond, Collins and Chaltain not only cover the history of a cherished ideal, but also explain in accessible language how the law surrounding this ideal has changed over time.


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The Law is a White Dog: How Legal Rituals Make and Unmake Persons by Colin Dayan
Princeton, NJ: Princeton University Press, 2011
KF465 .D39 2011 Balcony

Abused dogs, prisoners tortured in Guantanamo and supermax facilities, or slaves killed by the state--all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives.


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Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL by N. Jeremi Duru
Oxford ; New York, NY: Oxford University Press, 2011
GV706.32 .D87 2011 Basement

As Jeremi Duru reveals in Advancing the Ball, this unique milestone resulted from the work of a determined group of people whose struggles to expand head coaching opportunities for African Americans ultimately changed the National Football League. Since the league's desegregation in 1946, opportunities had grown plentiful for African Americans as players but not as head coaches--the byproduct of the NFL's old-boy network and lingering stereotypes of blacks' intellectual inferiority. Although Major League Baseball and the NBA had, over the years, made progress in this regard, the NFL's head coaches were almost exclusively white up until the mid-1990s. Advancing the Ball chronicles the campaign of former Cleveland Browns offensive lineman John Wooten to right this wrong and undo decades of discriminatory head coach hiring practices--an initiative that finally bore fruit when he joined forces with attorneys Cyrus Mehri and Johnnie Cochran. Together with a few allies, the triumvirate galvanized the NFL's African American assistant coaches to stand together for equal opportunity and convinced the league to enact the "Rooney Rule," which stipulates that every team must interview at least one minority candidate when searching for a new head coach. In doing so, they spurred a movement that would substantially impact the NFL and, potentially, the nation.


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Marshalling Justice: The Early Civil Rights Letters of Thurgood Marshall edited by Michael G. Long
New York, NY: Amistad, 2011
KF8745.M34 A4 2011 Balcony

The first collection of Thurgood Marshall's selected letters repositions Marshall as first and foremost a groundbreaking and vibrant Civil Rights activist in the tradition of Martin Luther King and Julian Bond--not as the first African American to serve on the Supreme Court.


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Law Without Nations edited by Austin Sarat, Lawrence Douglas and Martha Merrill Umphrey
Stanford, CA: Stanford Law Books, 2011
K302 .L39 2011 Sohn Library

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.


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Inherently Unequal: the Betrayal of Equal Rights by the Supreme Court, 1865-1903 by Lawrence Goldstone
New York: Walker & Company, 2011
KF4757 .G655 2011 Balcony

In the following years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."


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Figures of Invention: A History of Modern Patent Law by Alain Pottage and Brad Sherman
Oxford [England]; New York: Oxford University Press, 2010
KF3114.P685 2010 Balcony

Taking the invention as its object of study, Figures of Invention develops a radical new perspective on the making of modern patent law. It develops the first extended historical and conceptual exploration of the invention in modern patent law. Focusing primarily on the figures that make inventions material, and on how to overcome the intangibility of ideas, this intellectual challenging book makes explicit a dimension of patent law that is not commonly found in traditional commentaries, treatises and cases. Although the analysis focuses on the history of patent law in the United States, it develops themes that illuminate the evolution of patent regimes in Europe. In combining close historical analysis with broad thematic reflection, Figures of Invention makes a distinctive contribution both to the field of patent law scholarship and to emerging interdisciplinary debates about the constitution of patent law and of intellectual property in general.


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The Executive Unbound: After the Madisonian Republic by Eric A. Posner and Adrian Vermeule
New York: Oxford University Press, 2010
KF5050.P67 2011 Balcony

Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? Eric Posner and Adrian Vermeule provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers of the Constitution. But Posner and Vermeule closely examine James Madison's writings, and find fault with his premises. Like an ideal market, they write, Madison's separation of powers has no central director, but it lacks the price system which gives an economy its structure; there is nothing in checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House.