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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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