Georgia Law - Alexander Campbell King Law Library

Featured Acquisitions - July 2004


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Assisted Suicide and the Right to Die:  the Interface of Social Science, Public Policy, and Medical Ethics   by Barry Rosenfeld
Washington, DC : American Psychological Association, c2004
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In Assisted Suicide and the Right to Die: The Interface of Social Science, Public Policy, and Medical Ethics, Barry Rosenfeld examines how social science can inform policy and practice issues in the ongoing debates on end-of-life issues. While some important elements of the arguments for advocacy or opposition to the legalization of assisted suicide, such as moral and ethical concerns, are not necessarily the domain of science, others are amenable to scientific study, including such questions as whether untreated pain or depression fuel requests for assisted suicide.

This thoughtful, comprehensive, and balanced volume reviews and synthesizes what research has uncovered thus far, and provides rich context on the major legal, ethical, clinical, social policy, and psychological research issues involved in end-of-life decision-making. Topics include assessment of patient decision-making abilities, do-not-resuscitate orders, and advance directives. Chapters on experience with legalized assisted suicide in Oregon and the Netherlands supplement those devoted to reviewing the psychosocial and medical literature on who seeks assisted suicide and why.


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Free Culture:  How Big Media Uses Technology and Law and to Lock Down Culture and Control Creativity by Lawrence Lessig
New York : Penguin Press, 2004
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Lawrence Lessig could be called a cultural environmentalist. One of America’s most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, Code  and The Future of Ideas, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in Free Culture, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they’re inflicting are poisoning the ecosystem that fosters innovation.

All creative works—books, movies, records, software, and so on—are a compromise between what can be imagined and what is possible—technologically and legally.  For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs.  The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role.  What did he know that we’ve forgotten

Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can’t do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What’s at stake is our freedom—freedom to create, freedom to build, and ultimately, freedom to imagine.  


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Defending Diversity:  Affirmative Action at the University of Michigan by Richard J. Joseph
Ann Arbor : University of Michigan Press, c2004
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Even as lawsuits challenging its admissions policies made their way through the courts, the University of Michigan carried the torch for affirmative action in higher education.

The University's position on affirmative action was vindicated in June 2003, when the Supreme Court ruled that race may be used as a factor in university admissions programs. The Court thus upheld what the University had argued all along: diversity in the classroom translates to a beneficial and wide-ranging social value. With the green light given to the University's law school admissions policies, Defending Diversity validates the positive benefits gained by students in a diverse educational setting.

Written by prominent University of Michigan faculty, Defending Diversity is a timely response to the Court's ruling. With chapters that explore the factual background, historical context, and psychosocial implications of affirmative action, the book illuminates the many benefits of a diverse higher educational setting, demonstrating why affirmative action is necessary to achieve that diversity.

Defending Diversity is a powerful contribution to the ongoing discussion on affirmative action in higher education. Perhaps more important, it is a valuable record of the history, events, arguments, and issues surrounding the original lawsuits and the Supreme Court's subsequent ruling, and helps reclaim the debate from those forces opposed to affirmative action.


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One Man's Castle:  Clarrence Darrow in Defense of the American Dream  by Sanform N. Katz
New York : Amistad, HarperCollins, c2004
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This tautly told story steps back to a time when Detroit's boosters described their city as one of the most cosmopolitan in the world. It was also a city in which tensions between blacks and whites seemed manageable. Yet all that changed in 1925, when a black family named Sweet bought and moved into a house in a white neighborhood. What began with mothers bringing their children to gawk and stare soon became an angry mob of men, some of them from the local KKK, with stones.

The violence that ensued landed Ossian Sweet, a doctor from the "talented tenth," and others from his family in jail and compelled the NAACP -- which had taken up the Sweets' case -- to hire famed attorney Clarence Darrow, who had just finished defending the plaintiff in Tennessee v. John Scopes. Darrow's defense led to one of the most incendiary courtroom dramas in the history of the United States. The outcome was a triumph of cooperation that transcended race in the name of justice. 


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Legal Protection against Discriminatory Tax Legislation:  the Struggle for Equality in European Tax Law  by Steven C. Bennett
London ; New York : Kluwer Law International, 2003
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In any democratically constituted regime, the real value of the principle of equality can be measured in a very revealing way: by evaluating the consistency and impartiality of tax legislation and its judicial review. Such an evaluation, using a comparative approach to applicable law in several European jurisdictions, is essentially what this book provides.

The six authors, a supreme court justice, a professional tax consultant, a tax inspector, and three tax law academics, treat such crucial issues as the following:

  • national variations in the extent of judicial power to review tax legislation;
  • discriminatory tax legislation arising as a response to interest group pressures;
  • the European Convention on Human Rights as the basis for the development of a fully operational principle of equality;
  • the degree of appreciation that should be accorded the democratically legitimized legislature by the judiciary;
  • the obligation to provide actual redress to victims of discrimination; and,
  • the effect of the principle of freedom of establishment on the rules of international tax law.

    The authors refer throughout to all relevant sources of applicable law, including national constitutions, legislation, and case law; the EC Treaty and the European Convention on Human Rights; and the case law of the European Court of Justice and the European Court of Human Rights.

    Clearly a valuable work for tax practitioners and policymakers, Legal Protection against Discriminatory Tax Legislation will also be appreciated by professionals and officials concerned with the complex day-to-day ramifications of the principles of equality and non-discrimination in European society.


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    Elusive Citizenship:  Immigration, Asian Americans and the Paradox of Civil Rights:   by Henry Scammell
    New York : New York University Press, c2004
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    Since the late nineteenth century, federal and state rules governing immigration and naturalization have placed persons of Asian ancestry outside the boundaries of formal membership. A review of leading cases in American constitutional law regarding Asians would suggest that initially, Asian immigrants tended to evade exclusionary laws through deliberate misrepresentations of their identities or through extralegal means. Eventually, many of these immigrants and their descendants came to accept prevailing legal norms governing their citizenship in the United States. In many cases, this involved embracing notions of white supremacy.

    John S. W. Park argues that American rules governing citizenship and belonging remain fundamentally unjust, even though they suggest the triumph of a "civil rights" vision, where all citizens share the same basic rights. By continuing to privilege members over non-members in ways that are politically popular, these rules mask injustices that violate principles of fairness. Importantly, Elusive Citizenship also suggests that politically and socially, full membership in American society remains closely linked with participation in exclusionary practices that isolate racial minorities in America.


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