Featured Acquisitions - January
2002
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Uneven
Ground: American Indian Sovereignty and Federal Law, by David
E. Wilkins and K. Tsianina Lomawaima. Norman: University of Oklahoma
Press, 2001.
KF8205 .W533 2001.
Balcony
The political rights and
sovereign status of American Indian nations have variously been respected,
ignored, terminated, and unilaterally modified by federal lawmakers.
The ambivalent political and legal status that tribes endure under western
law has created and reinforced a vacillating federal Indian policy.
David E. Wilkins and K. Tsianina Lomawaima examine tribal-federal and tribal-state
relationships, focusing on six critical doctrines of U.S. law: the
doctrine of discovery, the trust doctrine, the doctrine of plenary power,
the reserved rights doctrine, the doctrine of implied impeals, and the
doctrine of sovereign immunity. Designed to educate, provoke, and
motivate readers, Uneven Ground provides indigenous perspectives
on federal Indian policy and law.
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Designing
Democracy: What Constitutions Do, by Cass R. Sunstein.
Oxford; New York: Oxford University Press, 2001
K3165 .S86 2001. Balcony
When should government be
permitted to control discriminatory behavior by or within religious organizations?
Can the right to have an abortion be defended? Can we defend Internet
regulation? Should the law step in if children are being schooled
in discriminatory preferences and beliefs? Does it make sense to
govern on the basis of popular referenda? Should a constitution protect
the rights to food shelter, and health care?
Disputes over questions such
as these can be fierce enough to pose a grave threat. But in a paradox
whose elaboration forms the core of Sunstein's book, it is a nation's apparently
threatening diversity of opinion that can ensure its integrity.
A marvel of lucid subtle
reasoning. Designing Democracy makes invaluable reading for
anyone concerned with the promises and pitfalls of the democratic experiment.
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Rattling
the Cage: Toward Legal Rights for Animals by Steve M. Wise.
Cambridge, Mass.: Perseus Books, 2000
K3525 .W57
2000. Balcony
Are animals more than property?
In this unprecedented, yet long-awaited book, Steven Wise finally breaks
through the wall that has separated non-humans from human animals for centuries.
He reveals that, while the way we view animals is changing rapidly, the
courts remain mired in the dark ages. Even a human lost in a permanent
vegetative state enjoys a large set of legal rights. But a chimpanzee
who can communicate with language, count, understand the minds of others,
feel complex emotions, live in a complex society and make and use tools
has no rights at all.
Rattling the Cage
has everything needed to convince judges, scientists, lawyers, and the
millions of others who care deeply about animals of the injustice of denying
them basic legal rights.
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The
Economic Structure of the Law, by Richard A. Posner. Edited by Francesco
Parisi. Cheltenham, UK ; Northampton, MA : Edward Elgar, 2000.
K487.E3 P673 2000 Balcony
Judge Richard A. Posner is
internationally regarded as a leading exponent and a founding father of
the law and economics movement. This volume draws together a selection
of his most important papers on the methodology and the theory of law and
economics to create a valuable collection for scholars and practitioners
in the field.
Themes explored in this volume
include:
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The economics of common law
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the criterion of wealth maximization
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an economic approach to judicial
rulemaking
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the application of finance theory
to law
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the methodology of law and economics
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Bosnia:
A Cultural History, by Ivan Lovrenovic. New York : New York University
Press, 2001.
DR1672 .L668 2001 Sohn Library
This illustrated book provides
a detailed account of the multifaceted and complex history of Bosnia from
a cultural perspective, focusing on the successive waves of religious,
cultural and ethnic influences that swept over the country from Paleolithic
times onwards.
The political history of
the numerous invasions, migrations and changes of government that have
taken place in the country is interspersed with sections concerning the
additions and modifications made to the Bosnian national culture as a result.
The evolution of the Bosnian Church; Church and secular architecture,
both ancient and modern; literature and writing from the earliest times
to modern poetry; engraved and inscribed Bosnian gravestones; music and
the coming of radio and television are all discussed in relation to the
formation and evolution of Bosnia's distinct culture.
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Constructing
a European Market: Standards, Regulation, and Governance, by Michelle
Egan. Oxford ; New York : Oxford University Press, 2001.
JN30 .E3 2001 Basement
Efforts to tackle the trade
impeding effects of divergent standards and regulations are at the core
of European economic relations. This volume draws on literature from
several disciplines to develop a comprehensive account of the regulatory
strategies and institutional arrangements adopted by the EU in promoting
the single market in goods. It provides a historical overview and
detailed cases studies of the various policy initiatives that have altered
the boundaries between the public and private sector in fostering market
integration.
Comparisons with American
efforts to create a national market are made throughout to demonstrate
the difficulties of constructing and maintaining a single market.
American and European efforts to devise a uniform market for commerce and
trade have involved both public and private authorities, though with different
degrees of coordination and centralization, as many of the strategies undertaken
by the EU echo earlier American market-building efforts.
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Judging
Bertha Wilson: Law as Large as Life, by Ellen Anderson.
Toronto: University of Toronto Press, 2001
KE8248.W54 A54 2001 Basement
Madame Justice Bertha Wilson,
the first woman appointed to the Supreme Court of Canada, is an enormously
influential and controversial figure in Canadian legal and political history.
This engaging, authorized, intellectual biography draws on interviews with
Madame Justice Wilson and her husband John, as well as with her friends,
relatives and colleagues, conducted under the auspices of the Osgoode Society
for Canadian Legal History.
Through a scrupulous survey
of Wilson's judgments, memos, and academic writings, Ellen Anderson shows
how Wilson's life and the law were seamlessly integrated in her persistent
commitment to a stance of principled contextuality. This stance has
had an enduring effect on the evolution of Canadian law and cultural history.
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