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Featured Acquisitions - February 2010

See also:  Recent Acquisitions in Selected Subject Areas

 

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Piracy and the State : The Politics of Intellectual Property Rights in China  by Martin K. Dimitrov
Cambridge ; New York : Cambridge University Press, 2009
KNQ1155 .D555 2009  Basement

In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.


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Justice and Health Care : Selected Essays by Allen Buchanan
Oxford ; New York : Oxford University Press, 2009
KF3821 .B83 2009  Balcony

In this volume Allen Buchanan collects ten of his most influential essays on justice and healthcare and connects the concerns of bioethicists with those of political philosophers, focusing not just on the question of which principles of justice in healthcare ought to be implemented, but also on the question of the legitimacy of institutions through which they are implemented. With an emphasis on the institutional implementation of justice in healthcare, Buchanan pays special attention to the relationship between moral commitments and incentives. The volume begins with an exploration of the difficulties of specifying the content of the right to healthcare and of identifying those agents and institutions that are obligated to help ensure that the right thus specified is realized, and then progresses to an examination of the problems that arise in attempts to implement the right through appropriate institutions. In the last two essays Buchanan pursues the central issues of justice in healthcare at the global level, exploring the idea of healthcare as a human right and the problem of assigning responsibilities for ameliorating global health disparities. Taken together, the essays provide a unique and consistent position on a wide range of issues, including conflicts of interest in clinical practice and the claims of medical professionalism, the nature and justification for the right to health care, the relationship between responsibility for healthcare and the nature of the healthcare system, and the problem of global health disparities. The result is an approach to justice in healthcare that will facilitate more productive interaction between the normative analysis of philosophers and the policy work of economists, lawyers, and political scientists.


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This Time is Different : Eight Centuries of Financial Folly  by Carmen M. Reinhart, Kenneth S. Rogoff
Princeton : Princeton University Press, c2009
HB3722 .R45 2009   Basement

Reinhart (economics, Univ. of Maryland) and Rogoff (public policy and economics, Harvard Univ.) have compiled an encyclopedic analysis of the history of financial crises over the last 750 years. But their volume is not merely of historical interest. Rather, it has great relevance for anyone interested in understanding how the current financial crisis is likely to unfold. One of the authors' major findings is the similarity of these crises over time and across countries. One surprising discovery is that banking crises are more frequent in the advanced countries. Although the book concentrates on financial disruptions, the authors are clear that the financial system is not necessarily the cause of the disruption. Instead, finance tends to amplify the underlying problem and perhaps spread the instability to other parts of the world. The authors avoid using jargon, making this work accessible to undergraduate students. In addition, they disperse interesting stories about finance throughout the book, making it more enjoyable. Rich data appendixes add to the value of this volume.


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Irrefutable Evidence : Adventures in the History of Forensic Science by Michael Kurland
Chicago : Ivan R. Dee, 2009
KF9660 .K87 2009  Balcony

Crime novelist Kurland (The Empress of India) takes his cue from the rash of other surveys detailing crime-solving techniques after successful shows like CSI, in an uninspired fashion. He covers the basic techniques of forensics, from fingerprinting and ballistics to blood spatter analysis and DNA. Each of the "founding fathers" gets his due: French ex-criminal-turned-detective Eugene François Vidocq, the inspiration for Poe's fictional Dupin and the first to index criminals; Alphonse Bertillon, another Frenchman and the inventor of anthropometrics (or Bertillonage), which identified criminals by physical measurements; and Edward Henry and Juan Vucetich, who, in the late 19th century, developed independently of each other the first reliable methods of classifying fingerprints. Each breakthrough is punctuated by cases illustrating its usefulness, such as computerized fingerprint databases, which led to the 1989 arrest of "Night Stalker" Richard Ramirez. Kurland shifts abruptly between detailed descriptions of techniques and oversimplifications like "DNA is the stuff that people are made from," which will surely frustrate forensic fans eager for in-depth analysis.


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Restoring the Balance : War Powers in an Age of Terror by Seth Weinberger
Santa Barbara, Calif. : ABC-CLIO, c2009
KF5060 .W435 2009   Balcony

The history of the 20th century indicates that the US is moving toward a system of war powers in which the president does whatever he (so far) wants, and neither the legislative nor the judicial branch can do diddly-squat about it. Weinberger (politics and government, U. of Puget Sound, Tacoma, Washington) finds a few problems with that system, which he rehearses people who do not. His main concern however is with mechanisms and criteria for establishing a theory and a functioning system to rebalance war powers among the branches of government. He examines the meaning of the declare war clause, the deployment of the armed forces and initiation of hostilities, domestic warrantless surveillance by the National Security Agency, and the detention and trials of suspected terrorists.


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Piracy : The Intellectual Property Wars from Gutenberg to Gates  by Adrian Johns
Chicago : The University of Chicago Press, c2009
K1401 .J64 2009  Balcony

The recording industry's panic over illegal downloads is nothing new; a century ago, London publishers faced a similar crisis when "pirate" editions of sheet music were widely available at significantly less cost. Similarly, the debate over pharmaceutical patents echoes an 18th-century dispute over the origins of Epsom salt. These are just two of the historical examples that Johns (The Nature of the Book) draws upon as he traces the tensions between authorized and unauthorized producers and distributors of books, music, and other intellectual property in British and American culture from the 17th century to the present. Johns's history is liveliest when it is rooted in the personal-the 19th-century renegade bibliographer Samuel Egerton Brydges, for example, or the jazz and opera lovers who created a thriving network of bootleg recordings in the 1950s-but the shifting theoretical arguments about copyright and authorial property are presented in a cogent and accessible manner. Johns's research stands as an important reminder that today's intellectual property crises are not unprecedented, and offers a survey of potential approaches to a solution.


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Legal Aspects of Carbon Trading : Kyoto, Copenhagen, and Beyond edited by David Freestone and Charlotte Streck
Oxford ; New York : Oxford University Press, 2009
K3593.5 .C37 L44 2009    Balcony

Since 2005 the carbon market has grown to a value of nearly $100 billion per annum. This new book examines all the main legal and policy issues which are raised by emissions trading and carbon finance. It covers not only the Kyoto Flexibility Mechanisms but also the regional emission trading scheme in the EU and emerging schemes in the US, Australia, and New Zealand. The Parties to the 1992 UN Framework Convention are in the process of negotiating a successor regime to the 1997Kyoto Protocol whose first commitment period ends in 2012. As scientists predict that the threat of dangerous climate change requires much more radical mitigation actions, the negotiations aim for a more comprehensive and wide ranging agreement which includes new players - such as the US - as well as taking account of new sources (such as aircraft emissions) and new mechanisms such as the creation of incentives for reducing emissions from deforestation and forest degradation. This volume builds on the success of the editors' previous volume published by OUP in 2005: Legal Aspects of Implementing the Kyoto Protocol Mechanisms: Making Kyoto Work, which remains the standard work of reference for legal practitioners and researchers on carbon finance and trading under the Kyoto Protocol.


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The Idea of Human Rights by Charles R. Beitz
Oxford : Oxford University Press, 2009
JC571 .B454 2009  Basement

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases-rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are skeptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them.


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Holy Writ : Interpretation in Law and Religion edited by Arie-Jan Kwak
Farnham, England ; Burlington, VT : Ashgate Pub.,
K3165 .H654 2009   Balcony

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some, such as the American constitution, are widely held as 'sacred'. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.


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Shaping America : The Supreme Court and American Society by Edward F. Mannino
Columbia, S.C. : University of South Carolina Press, c2009
KF8742 .M265 2009 Balcony

Shaping America offers a compelling survey of American history as viewed through the perspective of the United States Supreme Court, concentrating on how the Court's decisions have shaped American society and how the Court in turn has been affected by prevailing political cultures, strong public attitudes, and several dominating justices. Edward F. Mannino, a practicing trial lawyer and legal historian, analyzes the historical forces that permitted the Court to affect American society profoundly through some 150 decisions organized along chronological and thematic lines. Casting his gaze across the nation's past, he surveys seminal cases in American constitutional history, including Marbury v. Madison, the New Orleans Slaughterhouse Cases, Plessy v. Ferguson, Brown v. Board of Education, Boumediene v. Bush, and D.C. v. Heller. Mannino takes special interest in cases respecting business and religion in American society and offers concise and objective perspectives on decisions affecting them. Throughout the volume Mannino illustrates the mutual influence the Court and societal forces have on each other, ably demonstrating how Court deliberations affect, and are affected by, the context in which they occur.


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Prosecuting Serious Human Rights Violations by Anja Seibert-Fohr
Oxford ; New York : Oxford University Press, 2009
K5301 .S45 2009  Sohn Library

Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book. Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances. As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.


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Muslims in Global Politics : Identities, Interests, and Human Rights by Mahmood Monshipouri
Philadelphia : University of Pennsylvania Press, c2009
JQ1852.A58 M66 2009    Sohn Library

As Islam spreads throughout the world, Muslims living in their traditional homelands and in the Western world are grappling with shifting identities. These questions of identity are an integral part of national and international politics. In Egypt Islamists clash with secularists over religious and national identity, while in Turkey secularist ruling elites have chosen to accommodate Islamists in the name of democracy and reconciliation. In all cases, understanding the dynamics of identity-based politics is critical to the future of Muslims and their neighbors across the globe. In Muslims in Global Politics, Mahmood Monshipouri examines the role identity plays in political conflicts in six Muslim nations-Egypt, Iraq, the United Arab Emirates, Turkey, Iran, and Indonesia-as well as in Muslim diaspora communities in Europe and North America. In each instance, he describes how conservatives, neofundamentalists, reformists, and secularists construct identity in different ways and how these identities play out in the political arena. With globalization, the demand for human rights continues to grow in the Muslim world, and struggles over modernity, authenticity, legitimacy, and rationality become increasingly important. Muslims in Global Politics deepens our understanding of how modern ideas and norms interact with the traditions of the Islamic world and, in turn, shows how human rights advocates can provide an alternative to militant Islamist movements.


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Manifesting America : The Imperial Construction of U.S. National Space  by Mark Rifkin
Oxford ; New York : Oxford University Press, 2009
E179.5 .R54 2009  Basement

The expansion of the U.S. in the antebellum period relied on the claim that the nation's boundaries were both self-evident and dependent on the consent of those enclosed within them. While the removal of American Indians and racism toward former Mexicans has been well-documented, little attention has been paid to the legal rhetorics through which the incorporation of these peoples and their territories was justified, portraying them as actively agreeing to come under the authority of the U.S. Yet even as the creation and extension of U.S. jurisdiction functioned as an imperial system, it did not go unchallenged by dominated populations. In Manifesting America, Mark Rifkin explores how writings by Native Americans and former Mexicans protested the legal narratives that would normalize their absorption into U.S. national space. Focusing on Indian removal in the southeast and western Great Lakes regions as well as the annexation of Texas and California, the monograph tracks the confrontation between U.S. law and the self-representations of once-alien peoples newly subjected to it. Institutions in the U.S. legitimized conquest by creating forms of official recognition for dominated groups that reinforced the logic and justice of U.S. mappings. But the imposed mappings continued to be haunted by the persistence of earlier political geographies. Examining a variety of nonfictional writings (including memorials, autobiographies, and histories) produced by imperially displaced populations, Rifkin illustrates how these texts contest the terms and dynamics of U.S. policy by highlighting specific forms of collectivity and placemaking disavowed in official accounts. Persuasively argued and anchored with judicious research, Manifesting America provides an overdue chapter in the history of resistance to U.S. imperialism.


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Uninhibited, Robust, and Wide-Open : A Free Press for a New Century by Lee C. Bollinger
Oxford ; New York : Oxford University Press, 2010
KF4774 .B66 2010  Balcony

Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead. The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information. Bollinger sheds light on this history and explores the meaning of freedom of the press in our globalized, internet-dominated era. We have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open." Our press freedom remains the envy of the world, but it will require renewed efforts to defend it in the face of emerging challenges by creating a global public forum suitable to an increasingly interconnected world. Journalism is more than just a business--it is vital to all of our civic goals. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.