masthead

Featured Acquisitions - August 2016

 

Book JacketPhoto  

The Law of the Whale Hunt: Dispute Resolution, Property Law and American Whalers, 1790-1880 by Robert Deal
New York, NY: Cambridge University Press, 2016
Balcony KF1770 .D43 2016

Whale oil lit the cities and greased the machines of the Industrial Revolution. In light of its importance, competition between whalers was high. Far from courts and law enforcement, competing crews of American whalers not known for their gentility and armed with harpoons tended to resolve disputes at sea over ownership of whales. Left to settle arguments on their own, whalemen created norms and customs to decide ownership of whales pursued by multiple crews. The Law of the Whale Hunt provides an innovative examination of how property law was created in the absence of formal legal institutions regulating the American whaling industry in the eighteenth and nineteenth centuries. Using depositions, court testimony, logbooks, and other previously unused primary sources, Robert Deal tells an exciting story of American whalers hunting in waters from the North Atlantic to the South Pacific and the Sea of Okhotsk.


Book JacketPhoto  

The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law by Jamie Mayerfeld
Philadelphia: University of Pennsylvania Press, 2016
Balcony K3240 .M3834 2016

International human rights law is often criticized as an infringement of constitutional democracy. In The Promise of Human Rights, Jamie Mayerfeld argues to the contrary that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.


Book JacketPhoto  

Business and the Roberts Court edited by Jonathan H. Adler
New York, NY: Oxford University Press, 2016
Balcony KF889 .B835 2016

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.


Book JacketPhoto  

The Right to Die: The Courageous Canadians Who Gave Us the Right to a Dignified Death by Gary Bauslaugh
Toronto: James Lorimer & Company Ltd., Publishers, 2016
Basement R726 .B3395 2016

"Who owns my life?" Sue Rodriguez was dying of a form of ALS (or Lou Gehrig's disease) when she asked this question of the Supreme Court of Canada in 1993. She was fighting for the right to a physician-assisted death before she became fully paralyzed. At the time, assisted suicide could result in jail time for the participating physician. In a narrow decision, Rodriguez lost her case. She died in 1994. In a historic reversal, in 2015 the Supreme Court of Canada changed its mind. The court ruled that Canadians suffering unbearably from illness or disease do not have a duty to live. The landmark, unanimous decision was the culmination of two decades during which public opinion came to favour assisted suicide. The shift was the result of the efforts of courageous Canadians who asked for the right to a dignified death. In this book, Gary Bauslaugh tells their stories. Among those whose stories are told are: Sue Rodriguez, whose experience led to a split decision by the Supreme Court of Canada to retain laws against assisted suicide Robert Latimer, convicted of second-degree murder for ending the life of his daughter who lived with debilitating cerebral palsy John Hofsess and Evelyn Martens, who spent years giving practical assistance to those seeking help in dying Donald Low, a renowned doctor who battled Toronto's SARS outbreak, yet was denied control over his end-of-life when diagnosed with a brain tumour Kay Carter and Gloria Taylor, the Vancouver women whose end-of-life struggles were at the heart of the 2015 Supreme Court case.


Book JacketPhoto  

EU Justice and Home Affairs Law by Steve Peers
Oxford, United Kingdom; New York; Oxford University Press, 2016
Basement KJE5977 .P44 2016 volume 1 and 2

The fourth edition of EU Justice and Home Affairs Law is comprehensively updated and expanded to take account of the major changes introduced by the Treaty of Lisbon and the development of legislation and case-law since the last edition. It includes analysis of the widened jurisdiction of the EU's Court of Justice, the revised rules on the participation of the UK, Ireland and Denmark and relations with non-EU countries in this field, and of the impact of the new framework for human rights law in the EU, including the binding status of the EU's Charter of Fundamental Rights and the EU accession to the ECHR. In the area of immigration and asylum law, this new edition scrutinizes a wide range of issues that include; the development of the EU's border control agency; the adoption of an EU visas code; EU databases (such as the Visa Information System and the second-generation Schengen Information System); the further development of the Common European Asylum System; the EU's Returns Directive; and the Blue Card Directive for the admission of highly-skilled workers. In the area of civil law, this new edition contains an updated overview of recent legislation, including EU rules on conflicts of law, maintenance, payment orders, small claims and mediation. As regards criminal law and policing, the new edition includes detailed analysis of EU legislation and case law on issues such as suspects' and victims' rights, the European Arrest Warrant, the transfer of prisoners, other post-trial and pre-trial decisions, double jeopardy rules, EU anti-terrorist sanctions, data protection, and the development of Europol and Eurojust.


Book JacketPhoto  

Liberty and Union: The Civil War Era and American Constitutionalism by Timothy S. Huebner
Lawrence, Kansas: University Press of Kansas, 2016
Balcony KF4541 .H84 2016

"This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism--to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787--and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era.

Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.