Georgia Law Faculty Profiles

Alexander Campbell King Law Library

Featured Acquisitions - December 2007

See also: 
Recent Acquisitions in Selected Subject Areas


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Muslim Legal Thought in Modern Indonesia by R. Michael Feener
Cambridge, UK ; New York : Cambridge University Press, 2007
KNW469 .F44 2007  Annex 1st Floor

Indonesia has been home to some of the most vibrant and complex developments in modern Islamic thought anywhere in the world. Nevertheless, little is known or understood about these developments outside Southeast Asia. By considering the work of the leading Indonesian thinkers of the twentieth century, R. Michael Feener, an intellectual authority in the area, offers a cogent critique of this diverse and extensive literature and sheds light on the contemporary debates and the dynamics of Islamic form. The book highlights the openness to, and creative manipulation of, diverse strands of international thought that have come to define Islamic intellectualism in modern Indonesia. This is an accessible and interpretive overview of the religious and social thought of the world's largest Muslim-majority nation. As such it will be read by scholars of Islamic law and society, Southeast Asian studies, and comparative law and jurisprudence.
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Swords and Ploughshares: Bringing Peace to the 21st Century by Paddy Ashdown
London : Weidenfeld & Nicolson, 2007
JZ6010 .A74 2007 Sohn Library

This book investigates modern peace-keeping missions, and reveals how to build a country out of the ruins of civil war. No two missions are the same, but there are already lessons enough to build on.
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Regulating Jurisdictional Relations Between National and International Courts  by Yuval Shany
Oxford ; New York : Oxford University Press, 2007
K7625 .S53 2007 Sohn Library

This book seeks to investigate the growing jurisdictional interaction between national and international courts ie: their parallel involvement in the same or related disputes in the light of competing theoretical, ideological and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-a-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts.

Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and rules designed to regulate multiple proceedings (eg, lis alibi pendens and res judicata), utilization of comity based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a 'tool kit' of measures which could be employed in cases involving jurisdictional interactions between national and international courts.

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Soviet Legal Innovation and the Law of the Western World by John Quigley
Cambridge ; New York : Cambridge University Press, 2007
K357 .Q54 2007 Balcony

This book looks at the Soviet style of law that was adopted slowly in the West during the twentieth century.

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Crime and Justice in Late Medieval Italy by Trevor Dean
Cambridge ; New York : Cambridge University Press, 2007
HV6988 .D43 2007 Basement

In this study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.

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A Common Law of International Adjudication  by Chester Brown
Oxford ; New York : Oxford University Press, 2007
KZ6250 .B76 2007 Basement

The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rules concerning these issues, and that this represents the emergence of a common law of international adjudication." "This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is substantial commonality.

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The Enforcement of EC Environmental Law  by Pål Wennerås
Oxford ; New York : Oxford University Press, 2007
KJE6242 .W46 2007  Annex 3rd Floor

Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of the environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of fifty years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission.


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Regulatory Rights : Supreme Court Activism, the Public Interest, and the Making of Constitutional Law by Larry Yackler
Chicago : University of Chicago Press, 2007
KF4552 .Y33 2007 Balcony

We have often heard - with particular frequency during recent Supreme Court nomination hearings - that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. Justices rely on their judgment about the public interest and needs of the day, rather than rigid foundations. That is, it is the justices who make the Constitution. It matters who sits on the Supreme Court, Yackle argues, precisely because justices create individual constitutional rights.

Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. He argues that there is no serious alternative to the hard-minded, problem-solving judicial judgment that gives content to rights. As a result, there are neither good justices who adhere to the Constitution nor bad justices who don't; rather, there are only justices who shape the meaning of the document with each decision. Regulatory Rights is a read that will be heatedly debated by all those interested in constitutional law and the judiciary.


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Legislation in Context:  Essays in Legisprudence  edited by Luc J. Wintgens ; assistant editor, Philippe Thion
Aldershot, England ; Burlington, VT : Ashgate, c2007
K284 .L42 2007 Balcony

What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study?

This book tackles this question by examining the problems that are common to most European legal systems and the approach involves applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights and legal theory.


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Evolution of the Judicial Opinion:  Institutional and Individual Styles by William D. Popkin
New York : New York University Press, c2007
KF8990 .P67 2007 Balcony
In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present.
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Books on Trial : Red Scare in the Heartland  by Shirley A. Wiegand and Wayne A. Wiegand
Norman : University of Oklahoma Press, c2007
KF221.P6 W54 2007 Balcony

In a raid on the Progressive Bookstore of Oklahoma City in 1940, local officials seized thousands of books and pamphlets and arrested twenty customers and proprietors, several of them members of the Communist Party. All were detained incommunicado and many were held for months on unreasonably high bail. Four were tried and convicted for violating Oklahoma's 'criminal syndicalism' law and sentenced to ten years in prison. The defendants' convictions and sentences caused a nationwide furor and were ultimately overturned on appeal after protests from labor unions, churches, publishers, academics, librarians, the American Civil Liberties Union, members of the literary world, and prominent individuals ranging from Woody Guthrie to Eleanor Roosevelt.

Shirley A. Wiegand and Wayne A. Wiegand share the story of this important case for the first time, drawing on recently discovered trial transcripts, interviews with witnesses and those arrested, documents obtained through the Freedom of Information Act, and other primary sources. 

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Originalism:  A Quarter-Century of Debate  edited by Steven G. Calabresi ; foreword by Antonin Scalia
Washington, DC : Regnery Pub., c2007
KF4749.A2 R85 2007  Balcony

What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In Originalism: A Quarter-Century of Debate, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.

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Until Proven Innocent : Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case  by Stuart Taylor, Jr. and K.C. Johnson
New York : St. Martin's Press, c2007
HV6568.D87 T39 2007 Basement

What began that night shocked Duke University and Durham, North Carolina. And it continues to captivate the nation: the Duke lacrosse team members' alleged rape of an African-American stripper and the unraveling of the case against them.

In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives.

The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders.

Until Proven Innocent is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams.

Taylor and Johnson's coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains - and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.

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Protecting the World's Children: Impact of the Convention on the Rights of the Child in Diverse Legal Systems by UNICEF
Cambridge ; New York : Cambridge University Press, 2007
K639 .P75 2007

Protecting the World's Children: Impact of the Convention on the Rights of the Child in Diverse Legal Systems is a review of the ways in which the Convention on the Rights of the Child (CRC) has been incorporated into national legislation around the world. It comprises four studies that compare experiences from countries with different types of legal traditions, highlighting common characteristics, developments and trends as a basis for the work of practitioners in this area. The book provides examples of ways in which the CRC has been successfully incorporated into diverse legal systems and derives from that experience a framework for improved alignment of national legislation with human rights instruments and with the CRC in particular, taking into account not only the provisions of the CRC but also its underlying principles, such as indivisibility of rights and the importance of partnership in realizing children's rights. As such it provides practitioners with a tool for supporting the legal aspects of implementation of the CRC as a foundation for implementation overall.

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Countering Terrorism:  Blurred Focus, Halting Steps  by Richard A. Posner
Lanham, Md. : Rowman & Littlefield, c2007
HV6432 .P674 2007 Basement

Countering Terrorism evaluates the successes and failures of recent efforts by the U.S. government to reform our intelligence infrastructure. Posner challenges the over-politicized, now conventional wisdom that these reforms have threatened our civil rights and liberties.
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Conflict of Laws in a Globalized World  edited by Eckart Gottschalk ... [et al.]
New York : Cambridge University Press, c2007
K7041 .C64 2007 Balcony

This book examines the international conflict of laws.
  
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