Featured Acquisitions - January
2003
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Lawyers,
Lawsuits, and Legal Rights: the Battle Over Litigation in American Society
by Thomas F. Burke. Berkeley : University of California Press, c2002
KF380 .B87 2002
Balcony
Law suits over coffee burns,
playground injuries, even bad teaching: litigation "horror stories"
create the impression that Americans are greedy, quarrelsome, and sue-happy.
The truth, as this book makes clear, is quite different. What Thomas
Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation
not of litigious citizens, but of litigious policies -- laws that promote
the use of litigation in resolving disputes and implementing public policies.
This book is a cogent account of how such policies have come to shape public
life and everyday practices in the United States.
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The
Charter School Landscape, edited by Sandra Vergari. Pittsburgh,
Pa. : University of Pittsburgh Press, c2002
LB2806.36 .V47 2002
Basement
The charter school movement
has grown significantly since the first charter school opened in Minnesota
in 1992. A decade later, over 2,200 charter schools are operating
across thirty-four states, the District of Columbia, and Albert, Canada,
with a total enrollment of more than 550,000 students and a continued growth
forecast. The movement has also received considerable financial aid
from the federal government with U.S. appropriations rising from $6 million
to $145 million in just over five years.
The Charter School Landscape
addresses both pro- and anticharter opinions with sound logic, data, and
references -- elements often missing in a charter school discourse frequently
motivated by passion and politics. The contributors illuminate issues
particular to each state and offer lessons for analysts and policymakers
everywhere. As a whole, The Charter School Landscape suggests
that charter schools continue to have a significant impact on the institution
of public education and on the concept of the "real public school."
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Antitrust
Abuse in the New Economy : the Microsoft Case by Richard L. Gordon.
Cheltenham, U.K. ; Northampton, Mass. : Edward Elgar, c2002.
KF228.U55 G67 2002
Balcony
In this fresh examination
of the Microsoft antitrust case, Richard Gordon critically analyzes the
economics of the U.S. government's arguments. The conclusion is that
the government presented a sketchy, incoherent, invalid economic case and
relied upon creating the impression of misdeeds to persuade the courts.
The primary charge is that Microsoft possessed an impregnable monopoly
in operating systems for personal computers. According to the
government,
Microsoft created, included in its operating system, and vigorously promoted
its internet browser solely to prevent the development of the Java/Netscape
alternative. The promotion of this browser was considered
predatory.
Microsoft allegedly undertook similar acts against a clear statement of
its charges and failed to substantiate the critical allegations.
In this book, he concentrates on the underlying economics of the government
arguments as well as Microsoft's refutations.
Readers in economics, law
and public policy will find this well researched analysis enlightening.
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Recourse
to Force: State Action Against Threats and Armed Attacks: State Action
Against Threats and Armed Attacks by Thomas M. Franck. Cambridge,
U.K. ; New York : Cambridge University Press, 2002
KZ6374 .F73 2002 Basement
The nations that drafted
the UN Charter in 1945 were more concerned about peace than about justice.
As a result, the Charter prohibits all use of force by states except in
the event of an armed attack of when authorized by the Security Council.
This arrangement has only
very imperfectly withstood the test of time and changing world conditions.
It did not anticipate the cold war which incapacitated the Security Council
through the permanent members' frequent recourse to the veto. It
required states not to use force in self-defense until after they had become
the object of an actual armed attack, the Charter failed to address a growing
phenomenon of clandestine subversion and of instantaneous nuclear threats.
Perhaps most of all, the Charter failed to make allowance for the dramatic
rise in public support for human rights.
Fortunately, although the
Charter is very hard to amend, the drafters did agree that it should be
interpreted flexibly by the UN's principal political institutions.
In nearly sixty years, the text has undergone extensive interpretation
through this practice. In this way the norms governing use of force
in international affairs have been adapted to meet changing circumstances
and new challenges. The book also relates these changes in law and
practice to changing public values pertaining to the balance between maintaining
peace and promoting justice.
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On
Same-Sex Marriage, Civil Unions and the Rule of Law: Constitutional Interpretation
at the Crossroads by Mark Strasser. Westport, Conn.
: Praeger, 2002
KF539 .S769 2002
Balcony
The United States Constitution
has already been interpreted to provide a variety of family-related protections
which, if applied consistently, also protect same-sex couples and their
children. Only by radically reformulating and severely undermining
existing protections can courts and commentators justify the claim that
the Federal Constitution does not offer a wealth of family protections,
including the right to marry a same-sex partner.
Discussing the constitutional
implications of civil unions with a special focus on how they might be
treated in the interstate context, Strasser explains how the courts and
commentators have reworked and significantly weakened a variety of constitutional
protections in their attempts to establish that same-sex couples are not
afforded constitutional protections. He further suggests that the
constitutional protections for religion support rather than undermine the
constitutional protection of same-sex unions.
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Banking
and Financial Stability in Central Europe: Integrating Transition Economies
into the European Union edited by David Green and Karl Petrick.
Cheltenham, U.K. ; Northampton, Mass. : Edward Elgar, c2002
HG3020.3.A6 B36 2002
Basement
The eastwards expansion of
the European Union is one of the most explosive economic and political
issues of the early 21st century. Economic and financial stability
combined with rising prosperity in the applicant countries are increasingly
seen as necessary preconditions for European Union membership.
This authoritative volume,
written by scholars and practitioners from Central and Western Europe and
the United States, confronts the issues involved in three of the countries
most likely to be successful applicants - the Czech Republic, Hungary and
Slovenia. A spotlight is turned on the banking and financial industries,
as they are crucial to the achievement of economic stability. The
blend of expertise deployed, which draws on in-depth knowledge and extensive
experience in central banking, financial and commercial law, business,
practical policy making and economic analysis, ensures that this book is
highly timely, relevant and insightful.
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When
Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda
by Mahmood Mamdani. Princeton, N.J. : Princeton University Press,
c2001
DT450.435 .M35 2001
Sohn Library
"When we captured Kigali,
we thought we would face criminals in the state; instead, we faced a criminal
population." So a political commissar in the Rwanda Patriotic Front
reflected after the 1994 massacre of as many as one million Tutsis in Twanda.
Underlying his statement is the realization that, although ordered by a
minority of state functionaries, the slaughter was performed by hundreds
of thousands of ordinary citizens, including even judges, human rights
activists, and doctors, nurses, priests, friends, and spouses of the victims.
Indeed, it is its very popularity that makes the Rwandan genocide so unthinkable.
The book makes it thinkable.
Rejected easy explanations
of the geocide as a mysterious evil force that was bizarrely unleashed,
one of Africa's best-known intellectuals situates the tragedy in its proper
context. He coases to the surface the historical, geographical, and
political forces that made it possible for so many Hutu to turn so brutally
on their neighbors. He finds answers in the nature of political identities
generated during colonialism, in the failures of the nationalist revolution
to transcend these identities, and in regional demographic and political
currents that reach well beyond Rwanda. In so doing, Mahmood Mamdani
usefully broadens understandings of citizenship and political identity
in postcolonial Africa,
There have been few attempts
to explain the Rwandan horror, and none has succeeded so well as this
one.
Mamdani's analysis provides a solid foundation for future studies of the
massacre. Even more important, his answers point a way out of crisis:
a direction for reforming political identity in central Africa and preventing
future tragedies. |
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