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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
R726 .R64 2004
Basement
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
KF2979 .L47 2004 Balcony
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
LB2351.2 .D43 2004
Basement
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
KF224.S8 V56 2004
Balcony
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
KJC7163 .L45 2003
Annex 3
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
JV6450 .P35 2004 Basement
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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