masthead

Featured Acquisitions - August 2014

 

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The Mother Court: Tales of Cases That Mattered in America’s Greatest Trial Court by James Zirin
Chicago, Illinois: American Bar Association, 2014
Balcony KF8755.N9 Z57 2014

This is the first book to chronicle the history of the US District Court for the Southern District of New York, the most influential District court in the United States, from the perspective of a practicing attorney who has argued many cases before some of its most esteemed judges. It gives first-hand insight into the evolution of our justice system where it has been, where it is now and where it is going. It provides an anatomy of what a trial is all about in an American courtroom, featuring the most famous trials of the period in the greatest court in the nation. It gives the reader a taste of what the storied judges of the period Weinfeld, Murphy, Mansfield, Tyler, Motley and Palmieri, to name a few were all about, how they thought, how they judged, and why they were the worthy keepers of our sacred right to justice, as well as the historical traditions of the Court."


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Wrong-Doing Truth-Telling: The Function of Avowal and Justice by Michel Focault
Chicago; London: University of Chicago Press; Louvain-la-Neuve: Presses Universitaires de Louvain, 2014
Balcony K241.F7 F6813 2014

Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures--which focus on the role of avowal, or confession, in the determination of truth and justice--provide the missing link between Foucault's early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity. Ranging broadly from Homer to the twentieth century, Foucault traces the early use of truth-telling in ancient Greece and follows it through to practices of self-examination in monastic times. By the nineteenth century, the avowal of wrongdoing was no longer sufficient to satisfy the call for justice; there remained the question of who the "criminal" was and what formative factors contributed to his wrong-doing. The call for psychiatric expertise marked the birth of the discipline of psychiatry in the nineteenth and twentieth centuries as well as its widespread recognition as the foundation of criminology and modern criminal justice. Published here for the first time, the 1981 lectures have been superbly translated by Stephen W. Sawyer and expertly edited and extensively annotated by Fabienne Brion and Bernard E. Harcourt. They are accompanied by two contemporaneous interviews with Foucault in which he elaborates on a number of the key themes. An essential companion to Discipline and Punish, Wrong-Doing, Truth-Telling will take its place as one of the most significant works of Foucault to appear in decades, and will be necessary reading for all those interested in his thought.


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Redeeming the Dream: The Case for Marriage Equality by David Boies and Theodore B. Olson
New York, New York: Viking, 2014
Balcony KF228.H645 B65 2014

The riveting inside story of the Supreme Court's landmark ruling on Proposition 8 by the two lawyers who argued the case. On June 26, 2013, the Supreme Court of the United States issued a pair of landmark decisions, striking down the Defense of Marriage Act and eliminating California's discriminatory Proposition 8, reinstating the freedom to marry for gays and lesbians in California. Redeeming the Dream is the story of how David Boies and Theodore B. Olson -who argued against each other all the way to the Supreme Court in Bush v. Gore - joined forces after that titanic battle to forge the unique legal argument that would carry the day. As allies and not foes, they tell the fascinating story of the five-year struggle to win the right for gays to marry, from Proposition 8's adoption by voters in 2008, to its defeat before the highest court in the land in Hollingsworth v. Perry in 2013. Boies and Olson guide readers through the legal framing of the case, making crystal clear the constitutional principles of due process and equal protection in support of marriage equality while explaining, with intricacy, the basic human truths they set out to prove when the duo put state-sanctioned discrimination on trial. Redeeming the Dream offers readers an authoritative, dramatic, and up-close account of the most important civil rights issue - fought and won - since Brown v. Board of Education and Loving v. Virginia.


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Sentencing Guidelines: Exploring the English Model edited by Andrew Ashworth and Julian V Roberts
Oxford, United Kingdom: Oxford University Press, 2013
Basement KD8406 .S455 2013

The politics of criminal sentencing has recently crystallized around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduced to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand.

Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.


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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts by Bryan A. Garner
Oxford; New York: Oxford University Press, 2014
Balcony KF251 .G37 2014

In its first two editions, The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout - all in his trademark style.

Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.


   

Soft Law and the Global Financial System: Rule Making in the 21st Century by Chris Brummer
Cambridge; New York: Cambridge University Press, 2012
Online K4444 .B78 2012

The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes, or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law “works” – and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect tool of financial diplomacy, and poses novel opportunities and challenges for the evolving global economic order.


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Public Secrets of Law: Rape Trials in India by Pratiksha Baxi
New Delhi, India: Oxford University Press, 2014
Basement KNS4202 .B39 2014

Sexual violence in general, and rape in particular, is under-reported in India. The social stigma associated with rape is the biggest hurdle that a rape survivor faces right from the time of reporting the matter to the police to the stage of trial. This book, one of the first ethnographic studies of rape trials in India, focuses on the everyday socio-legal processes that underlie the making of rape trials. It describes how state law is transformed in its localization, often to the point of bearing little resemblance to written law. The work centers around four extended case studies in a trial court in Ahmedabad. These case studies show how the effects of power and knowledge congeal to disqualify women's (and children's) testimonies at different sites of state law such as the police station, forensic science laboratory, or the hospital and the court. This book describes multiple ways in which public secrecy is subjected to specific revelations in rape trials that do not bring justice to a rape survivor but address and reinforce deeply entrenched phallocentric notions of justice. Bringing sociological insights to the contested and anguishing issue of rape trials, this book is an essential read for all those committed to a just and safe society for women in India.


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The (Honest) Truth About Dishonesty: How We Lie to Everyone – Especially Ourselves by Dan Areily
New York: Harper, 2012
Basement BJ1533.H7 A75 2012

The New York Times bestselling author of Predictably Irrational and The Upside of Irrationality returns with thought-provoking work to challenge our preconceptions about dishonesty and urge us to take an honest look at ourselves. Does the chance of getting caught affect how likely we are to cheat? How do companies pave the way for dishonesty? Does collaboration make us more honest or less so? Does religion improve our honesty? Most of us think of ourselves as honest, but, in fact, we all cheat. From Washington to Wall Street, the classroom to the workplace, unethical behavior is everywhere. None of us is immune, whether it's the white lie to head off trouble or padding our expense reports. In The (Honest) Truth About Dishonesty, award-winning, bestselling author Dan Ariely turns his unique insight and innovative research to the question of dishonesty. Generally, we assume that cheating, like most other decisions, is based on a rational cost-benefit analysis. But Ariely argues, and then demonstrates, that it's actually the irrational forces that we don't take into account that often determine whether we behave ethically or not. For every Enron or political bribe, there are countless puffed résumés, hidden commissions, and knockoff purses. In The (Honest) Truth About Dishonesty, Ariely shows why some things are easier to lie about; how getting caught matters less than we think; and how business practices pave the way for unethical behavior, both intentionally and unintentionally. Ariely explores how unethical behavior works in the personal, professional, and political worlds, and how it affects all of us, even as we think of ourselves as having high moral standards. But all is not lost. Ariely also identifies what keeps us honest, pointing the way for achieving higher ethics in our everyday lives.


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The Copyright Book: A Practical Guide by William S. Strong
Cambridge, Massachusetts : The MIT Press, [2014]
Balcony KF2994 .S75 2014

Through five editions since 1981, this book has offered the most comprehensive, accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for non-lawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective. New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and Hathi Trust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of "orphan works," and the latest developments under the Digital Millennium Copyright Act (DMCA). The sixth edition also brings up to date The Copyright Book 's plain English explanation of such fundamental topics as authorship and ownership; transfers and licenses of copyright; copyright notice; registration of copyright (including the new online registration and "preregistration" systems); the scope of rights included in copyright, and exceptions to those rights; "moral rights"; compulsory licenses; tax treatment of copyright; and international aspects of copyright law.


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The Nixon Defense: What He Knew and When He Knew It by John W. Dean
New York: Viking, 2014
Basement E860 .D385 2014

Based on Nixon's overlooked recordings, New York Times bestselling author John W. Dean connects the dots between what we've come to believe about Watergate and what actually happened. Watergate forever changed American politics, and in light of the revelations about the NSA's widespread surveillance program, the scandal has taken on new significance. Yet remarkably, four decades after Nixon was forced to resign, no one has told the full story of his involvement in Watergate. In The Nixon Defense, former White House Counsel John W. Dean, one of the last major surviving figures of Watergate, draws on his own transcripts of almost a thousand conversations, a wealth of Nixon's secretly recorded information, and more than 150,000 pages of documents in the National Archives and the Nixon Library to provide the definitive answer to the question: What did President Nixon know and when did he know it? Through narrative and contemporaneous dialogue, Dean connects dots that have never been connected, including revealing how and why the Watergate break-in occurred, what was on the mysterious 18 1/2 minute gap in Nixon's recorded conversations, and more. In what will stand as the most authoritative account of one of America's worst political scandals, The Nixon Defense shows how the disastrous mistakes of Watergate could have been avoided and offers a cautionary tale for our own time.