Featured Acquisitions - February 2006


		Frontiers of Justice: Disability, Nationality, Species Membership by Martha C. Nussbaum Cambridge, Mass. : Belknap Press of Harvard University Press, 2006 HM671 .N87 2006 Basement Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of "capabilities." She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all.
		The Secret Treaties of History by Edward Grosek [S.l.] : Xlibris Corp., c2004 KZ118 .G76 2004 Basement The Secret Treaties of History is the first general index for locating the texts of agreements that nations entered into secretly. It lists and explains 593 secret treaties made from 1521 to 2000 among 110 nations and political entities. Each secret treaty entry in the list has the treaty’s title, its contracting states, the city and date of signature, a citation to at least one source of text and/or credible information, and an annotation for its background or content. Most of these treaties were concluded for political or military ends. They are found among scores of treaty collections, in documentaries, in government reports, in research reports based on scholarly work in archives, in a small number of history books, and in articles in learned journals and articles by investigative journalists. The entire list, which makes up Chapter 1, is indexed by nation. It will be of direct use to professors and students of history, political science, and international law and, of course, to librarians and journalists. Chapter 2 is a guide to the many sources of secret treaty texts cited to in the first chapter. Chapter 3 is an annotated bibliography for the study of secret diplomacy and secret agreement–making and for statements (including denials) made by American leaders on secrecy in diplomacy and treaty negotiations. Chapter 4 is an essay on the characteristics of secret treaties themselves and their signers. Chapter 5 explains the legal rules that the American President must abide by when he makes confidential, unpublished treaties with other world leaders. This chapter should interest foreign government officials, legal theorists, and international lawyers. Chapter 6 consists of an introduction to the Treaty of Crépi of 1544, four pages of photocopies of the original handwritten text of the secret articles to this treaty, and an English language translation of them. Neither the French nor the Spanish Ministries of Foreign Affairs have a copy of this treaty’s secret articles, nor are they published in any other book or journal article. This text and translation will be useful to a historian or biographer who needs full information on Francis I of France or Charles V of Spain.
		Psychology and Law: An Empirical Perspective edited by Neil Brewer and Kipling D. Williams New York : Guilford Press, c2005 RA1148 .P78 2005 Basement From the initial investigation of a crime to the sentencing of an offender, a wide range of practices within the criminal justice system draw on psychological knowledge. In this book, prominent cognitive and social psychology researchers analyze the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Also analyzed are factors that influence decision making by jurors and judges, including the persuasive strategies used by lawyers. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.
		The Destruction of Young Lawyers: Beyond One L by Douglas Litowitz Akron, Ohio : University of Akron Press, 2006 KF298 .L58 2006 Balcony Young lawyers are morosely unhappy by every conceivable standard. They arrive at our law schools brimming with enthusiasm, but a decade later they are reporting staggering levels of anxiety, drug addiction, and depression. In legal circles there is talk about a “crisis of professionalism” and a “decline in civility,” but the problem goes much deeper. Through ignorance and greed, the legal profession has designed a complicated system of education, licensing, and practice that drives young lawyers into fear, alienation, and self-hatred. The author of this book—a law professor and practicing attorney—argues that young lawyers face a series of institutional absurdities built into the fabric of law school, the bar exam, and law firm practice. The current system is churning out a tidal wave of disaffected and bitter lawyers who see the legal system as a Byzantine maze, an endless artificial game totally disconnected from considerations of justice. The Destruction of Young Lawyers shows how these struggles can be reversed through massive structural change and is the first step toward diagnosis and treatment of the specific problems facing young lawyers
		Math You Can't Use: Patents, Copyright, and Software by Ben Klemens Washington, D.C. : Brookings Institution Press, c2006 K1519.C6 K54 2006 Balcony The field of software is awash in disputes. Market participants and analysts routinely disagree on how computer programs should be produced, marketed, regulated, and sold. On one subject, however, just about everyone can agree: the current intellectual property protection regime for software is a mess. At present, all of the traditional means of delimiting intellectual property—patents, copyrights, and trade secrets—are applied to software in one manner or another. Congress has even invented a new type of law for cases in which these may be insufficient, with the Digital Millennium Copyright Act. The result is widespread confusion, along with the proliferation of nuisance suits. To date, the U.S. Patent and Trademark Office has granted more than 170,000 software patents, some on applications as commonplace as the pop-up window. Each of these patents gives the holder the right to sue others where no such right existed before, and so gaming of the system abounds. Software providers are forced to funnel millions of dollars annually into defending themselves against lawsuits rather than developing better software. The wave of litigation may end up stifling innovation and hobbling the open source movement, one of the most promising developments of recent years. How did the situation arise? And where should we go from here? In Math You Can’t Use, Ben Klemens draws on his experience as both a programmer and an economist to tackle these critical issues. The answer to the first question, he explains, is simple: while patent laws are intended to apply to physical machines, software is something quite different. Software is not just another machine, and it is not Hamlet with numbers. It is a functional hybrid that can be duplicated at no cost, it is legible by computers in some forms and by humans in others, and it has a unique mathematical structure. All of these facts have to be taken into consideration in designing an appropriate intellectual property regime. Designing such a system is a more difficult task. Klemens considers several alternatives, from modifying the existing rules to eliminating software patents in favor of a copyright-centered regime. Ultimately, he concludes, it is up to Congress to determine how software should be protected.
		Law Without Justice: Why Criminal Law Doesn't Give People What They Deserve by Paul H. Robinson and Michael T. Cahill Oxford ; New York : Oxford University Press, 2006 KF9223 .R62 2006 Balcony If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? Why would criminal law rules be designed to give people punishment other than what they deserve? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. Sometimes the law punishes more than is warranted, as in the case of Leandro Andrade, who stole $154 worth of videotapes and yet under California's three strikes law will spend at least fifty years in prison. Other times a legal rule punishes less than is merited, as with Sammy "the Bull" Gravano, a ruthless mob killer granted immunity for numerous murders in return for informing on his fellow Mafiosi. Law without Justice comprehensively surveys the undeserved outcomes that occur because of law, rather than in spite of it. From statutes of limitations and double-jeopardy rules that disallow newly found evidence conclusively proving an offender's guilt, to harsh doctrines that ignore legitimate claims of blamelessness, the authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, this book challenges us to restore justice to the criminal justice system.
		Denial of Justice in International Law by Jan Paulsson Cambridge, UK ; New York : Cambridge University Press, 2005 K967 .P38 2005 Balcony Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations, and individuals, and Paulsson examines several recent cases of great importance in his book.
		High-Profile Crimes: When Legal Cases Become Social Causes by Lynn S. Chancer Chicago : University of Chicago Press, 2005 HV6789 .C397 2005 Basement O. J. Simpson. The Central Park jogger. Bensonhurst. William Kennedy Smith. Rodney King. These are more than crimes and criminals, more than court cases. They are cultural events that, for better or worse, gave concrete expression to latent social conflicts in American society. In High-Profile Crimes, Lynn Chancer explores how these cases became conflated with larger social causes on a collective level and how this phenomenon has affected the law, the media, and social movements. An astute and incisive chronicle of some of the most polarizing cases of the 1980s and 1990s, High-Profile Crimes shows that their landmark status results from the overlapping interaction of diverse participants. The merging of legal cases and social causes, Chancer argues, has wrought ambivalent effects on both social movements and the law. On the one hand, high-profile crimes offer important opportunities for emotional expression and raise awareness of social issues. But on the other hand, social problems cannot be resolved through the either/or determinations that are the goals of the legal system, creating frustration for those who look to the outcome of these cases for social progress. Guilt or innocence through the lens of the media leads to either defeat or victory for a social cause-a confounding situation that made the O. J. Simpson case, for example, unable to resolve the issues of domestic violence and police racism that it had come to symbolize. Based on nearly two hundred interviews, Chancer's discussions of the infamous Central Park jogger and Bensonhurst cases-as well as the rape trials of William Kennedy Smith and Mike Tyson, the assault cases of Rodney King and Reginald Denny, and, finally, the O. J. Simpson murder trial-provide a convincing, multidimensional and innovative analysis of the most charged public dramas of the last two decades.
		On the History of the Idea of Law by Shirley Robin Letwin Cambridge, UK ; New York : Cambridge University Press, 2005 K215.E53 L48 2005 Balcony On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato’s writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservatine thought and doctrine from 1960 onwards, who died in 1993.
		Just Silences: The Limits and Possibilities of Modern Law by Marianne Constable Princeton : Princeton University Press, c2005 K579.I6 C66 2005 Balcony Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
		Wilkie Collins's The Dead Alive : the Novel, the Case, and Wrongful Convictions by Rob Warden Evanston, Ill. : Northwestern University Press, c2005 PR4494 .D427 2005 Basement On the evidence of The Dead Alive, Scott Turow writes in his foreword that Wilkie Collins might well be the first author of a legal thriller. Here is the lawyer out of sorts with his profession; the legal process gone awry; even a touch of romance to soften the rigors of the law. And here, too, recast as fiction, is the United States' first documented wrongful conviction case. Side by side with the novel, this book presents the real-life legal thriller Collins used as his model--the story of two brothers, Jesse and Stephen Boorn, sentenced to death in Vermont in 1819 for the murder of their brother-in-law, and belatedly exonerated when their "victim" showed up alive and well in New Jersey in 1820. Rob Warden, one of the nation's most eloquent and effective advocates for the wrongly convicted, reconsiders the facts of the Boorn case for what they can tell us about the systemic flaws that produced this first known miscarriage of justice--flaws that continue to riddle our system of justice today. A tale of false confessions and jailhouse snitches, of evidence overlooked, and justice more blinkered than blind, the Boorns' story reminds us of the perennial nature of the errors at the heart of American jurisprudence-and of the need to question and correct a system that regularly condemns the innocent.
		Marriage Proposals: Questioning a Legal Status edited by Anita Bernstein New York : New York University Press, c2006 KF510 .M37 2006 Balcony The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the "fiancée visa" or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming "confidential marital communications"; no pension entitlements; no marital benefits and detriments regarding criminal or civil liability. The anthology makes a unique contribution amid the two marriage furors of the day: same-sex marriage and the Bush Administration's "marriage movement" (that marrying is good and more marriages would be better for society). Abolishing the legal category of marriage is the only policy suggestion in current American discourse that speaks to both causes. Activists on both sides of the same-sex marriage fight, along with marriage movement partisans, all seek improvement through law reform. Marriage Proposals gives them a viable reform—abolition of marriage as a legal status—for fighting battles in the courtroom and the streets.
		Winning Legally: How To Use the Law to Create Value, Marshal Resources, and Manage Risk by Constance E. Bagley Boston : Harvard Business School Press, c2005 KF390.B84 B347 2005 Balcony The rash of corporate scandals in recent years underscores a fact too often ignored in the business world: flouting the law holds serious consequences. Indeed, all it takes is one rogue trader, one greedy executive, or one misinformed manager to place an entire organization at risk. But respected legal expert Constance E. Bagley argues that staying out of trouble is only part of the picture when it comes to legality in business. In Winning Legally, Bagley shows how managers can proactively harness the power of the law to maximize corporate value, marshal human and financial resources, and manage risk. Through scores of classic and contemporary examples across the business landscape, this no-nonsense guide completely reframes the relationship of law to business. Bagley explains how managers can use the law as a strategic tool to help select and work effectively with legal advisers, spot legal issues before they become problems, weigh the legal risks of specific opportunities, and more. Ultimately, the responsibility for making tough business decisions lies with managers--not with lawyers. This timely book shows how managers can combine business audacity and vision with integrity and respect for the law to build truly great and enduring firms
		In the Name of Necessity: Military Tribunals and the Loss of American Civil Liberties by Marouf Hasian Jr. Tuscaloosa : University of Alabama Press, c2005 KF7625 .H37 2005 Balcony Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity. Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term "necessity." George Washington cited the necessity of martial discipline in executing the British operative Major Andre. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthurﾒs tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of "victor's justice," anticipating the outcry that attended the Nuremberg trials. In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.

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