Featured Acquisitions - February
2003
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A
Court That Shaped America : Chicago's Federal District Court from Abe Lincoln
to Abbie Hoffman by Richard Cahan ; with a foreword by Marvin E. Aspen
: Evanston, Ill. : Northwestern University Press, 2002
KF8755.I48 C34 2002
Balcony
Big and small dramas play
out every day in the United States District Court for the Northern District
of Illinois. Headquartered in Chicago, the court has played a pivotal
role in U.S. history. This is where Abraham Lincoln, as a young lawyer,
changed the direction of westward expansion when he argued that trains
-- not steamships -- were America's future. This is where Al Capone
met his fall, at a trial that finished him as Public Enemy Number One.
And this is where Abbie Hoffman, the nation's first Yippie, butted heads
with Judge Julius J. Hoffman and the Establishment at the trial known as
the Conspiracy Eight.
A Court that Shaped America
traces
the flesh-and-blood courtroom scenes from the district's first cases in
the early nineteenth century through the turn of the millennium.
Historical figures -- including Mormon leader Joseph Smith, inventor Thomas
Edison, and author Mark Twain -- as well as contemporary superstars like
Michael Jackson and Oprah Winfrey have all had their day in the Northern
Illinois court. Some were victorious, some came out scathed.
This book examines these great trials and the people behind them to offer
a unique look at Chicago and U.S. history.
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Legal
Argumentation and Evidence, by Douglas Walton. Pittsburgh,
Pa. University Park, Pa. : Pennsylvania State University Press, c2002
K213 .W35 2002 Balcony
A leading expert in informal
logic, Douglas Walton turns his attention in this new book to how reasoning
operates in trials and other legal contexts, with special emphasis on the
law of evidence. The new model he develops, drawing on methods of
argumentation theory that are gaining wide acceptance in computing fields
like artificial intelligence, can be used to identify, analyze, and evaluate
specific types of legal argument.
In contrast to approaches
that rely on deductive and inductive logic and rule out many common types
of argument as fallacious, Walton's aim is to provide a more expansive
view of what can be considered "reasonable" in legal argument when it is
construed as a dynamic, rule-governed, and goal-directed conversation.
This dialogical model gives new meaning to the key notions of relevance
and probative weight, with the latter analyzed in terms of pragmatic criteria
for what constitutes plausible evidence rather than truth.
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Class
Action : The Story of Lois Jenson and the Landmark Case that Changed Sexual
Harassment Law by Clara Bingham & Laura Leedy Gansler. New York
: Doubleday, 2002
KF228.J464 B56 2002
Balcony
In the coldest reaches of
northern Minnesota, a group of women endured a shocking degree of sexual
harassment -- until one of them stepped forward and sued the company that
had turned a blind eye to their pleas for help. Jenson v. Eveleth
Mines, the first sexual harassment class action in America, permanently
changed the legal landscape as well as the lives of the women who fought
the battled.
In 1975 Lois Jenson, a single
mother on welfare, heard that the local iron mine was now hiring women.
The hours were grueling, but the pay was astonishing and Jenson didn't
think twice before accepting a job cleaning viscous soot from enormous
grinding machines. What she hadn't considered was that she was now
entering a male-dominated, hard-drinking society that firmly believed that
women belonged at home -- a sentiment quickly borne out in the relentless,
brutal harassment of every woman who worked at the mine. When a group
of men whistled at her walking into the plant, she didn't think much of
it; when they began yelling obscenities at her, she was resilient; when
one of them began stalking her, she got mad; when the mining company
was unwilling to come to her defense, she got even.
From Jenson's first day on
the job, through three intensely humiliating trials, to the emotional day
of the settlement, it would take Jenson twenty-five years and most of her
physical and mental health to fight the battle with the mining company.
But with the support of other women miners like union official Patricia
Kosmach and her luck at finding perhaps the finest legal team for class
action law, Jenson would eventually prevail.
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Towards
a Truly Common Law : Europe as a Laboratory for Legal Pluralism
by Mireille Delmas-Marty ; translated by Naomi Norberg . Cambridge
; New York : Cambridge University Press, 2002
K236 .D4513 2002
Balcony
As we move towards a more
global legal community, often with accompanying injustice and violence,
Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct
the national and international legal landscapes. Legal reasoning
can be applied to concepts such as human rights for European citizens in
the new world order. In this book the author argues for a rule of
law that is common in every sense of the word: accessible to all
rather than reserved exclusively for officials, common to the various legal
sectors despite increasing specialization, and common to diverse States.
The book will be of interest to all comparative European lawyers, and to
social scientists and legal theorists grappling with contemporary issues
in legal pluralism and globalization.
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The
Privatization of Health Care Reform : Legal and Regulatory Perspectives
edited by M. Gregg Bloche . Oxford ; New York : Oxford
University Press, 2003
KF3825 .P75 2003
Balcony
Markets, not politics, are
driving health care reform in America today. Inventive entrepreneurs
have transformed medicine over the past decade, and the future promises
even more rapid change. Medical costs are again soaring, and consumer
anxieties over managed care remain high. Meanwhile, the federal government
remains mostly on the health policy sidelines, as it has since the collapse
of the Clinton administration's campaign for health care reform.
This book addresses the changes that the market has wrought -- and the
challenges this transformation poses for courts and regulators. The
law that governs the medical marketplace is an incomplete, overlapping
patchwork, conceived for the most part without medical care in mind.
Fragmentation of health care lawmaking has foreclosed coordinated, system-wide
policy responses, and lack of national consensus on many of the central
questions in health care policy has translated into legal contradiction
and bitter controversy. The ensuring confusion and incoherence are
central themes of this book. The authors, leading commentators on
American health law and policy, differ sharply with each other over the
perceived failings of managed care and the law's relationship to them.
Some of the contributors treat law as a cause of the trouble; others emphasize
the law's potential and limits as a corrective tool when the market disappoints.
The authors span a broad range of ideological perspectives. Yet they
share a commitment to understanding the health sphere's complexities and
to crafting remedies that fit American legal, political and cultural constraints.
Within limits, they believe, a measure of rationality is possible.
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First
Among Equals : The Supreme Court in American Life by Kenneth W. Starr
New York : Warner Books, 2002
KF8748 .S815 2002
Balcony
Today's United States Supreme
Court consists of nine intriguingly varied justices and one overwhelming
contradiction: Compared to its revolutionary predecessor, the Rehnqust
Court appears deceptively passive, yet it stands as dramatically ready
to defy convention as the Warren Court of the 1950s and 60s. Now
Kenneth W. Starr -- who served as clerk for one chief justice, argued twenty-five
cases as solicitor general before the Supreme Court, and is widely regarded
as one of the nation's most distinguished practitioners of constitutional
law -- offers use an incisive and unprecedented look at the paradoxes,
the power, and the people of the highest court in the land.
In First Among Equals
Ken Starr traces the evolution of the Supreme Court from its beginnings,
examines major Court decisions of the past three decades, and uncovers
the sometimes surprisingly continuity between the precedent-shattering
Warren Court and its successors under Burger and Rehnquist. He shows
us, as no other author ever has, the very human justices who shape our
law, from Sandra Day O'Connor, the Court's most pivotal -- and perhaps
most powerful -- player, to Clarence Thomas, its most original thinker.
And he explores the present Court's evolution into a lawyerly tribunal
dedicated to balance and consensus on the one hand, and zealous debate
on hotly contested issues of social policy on the other.
Compelling and supremely
readable, First Among Equals sheds new light on the most frequently
misunderstood legal pillar of American life. |
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