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Featured Acquisitions - June
2004

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Equal
Justice in the Balance: America's Legal Responses
to the Emerging Terrorist Threat by Raneta Lawson
Mack and Michael J. Kelly
Ann Arbor : University of Michigan Press, c2004
KF4765 .M23 2004
Balcony
With its
sweeping critique of the USA Patriot Act and the Bush Justice
Department's maneuvers in pursuit of terrorists, Equal Justice
in the Balance is a sobering and exacting look at American
legal responses to terrorism, both before and after 9/11
The authors
detail wide-ranging and persuasive evidence that American
anti-terrorism legislation has led to serious infringements
of our civil rights. They show us how deviations from our
fundamental principles of fairness and justice in times
of heightened national anxiety -- whether the Red Scare,
World War II, or the War on Terrorism -- have resulted in
overreaction and excess, later requiring apologies and reparations
to those victimized by a paranoia-driven justice system.
While
terrorist attacks -- especially on a large scale and on
American soil -- damage our national pride and sense of
security, the authors offer powerful arguments for why we
must allow our judicial infrastructure, imperfect as it
is, to respond without undue interference from the politics
of anger and vengeance.
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Martin
Van Buren: Law, Politics, and the Shaping of Republican
Idealogy by Jerome Mushkat and Joseph G. Rayback
DeKalb,
Ill. : Northern Illinois University Press, 1997
KF368.V35 M87 1997 Balcony
Drawing
on extensive sources in legal history, this intellectual biography
shows how Van Buren's early experience as a lawyer played
a key and lasting role in shaping the republican ideology
that characterized his presidency. It offers new insights
into Van Buren's place in American legal history and explores
the connections between law, politics, and republican ideals.
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The
Communitarian Constitution by Beau Breslin
Baltimore
: Johns Hopkins University Press, 2004
KF4552 .B74 2004
Balcony
Bowling
Alone, the title of Robert Putnam's 1995 article (later
a bestselling book) perfectly captured a sense of national
unease: Somewhere along the way, America had become a nation
divided by apathy, and the bonds that held together civil
society were disappearing. But while the phrase resonated
with our growing sense of atomization, it didn't describe
a new phenomenon. The fear that isolation has eroded our
social bonds had simmered for at least two decades, when
communitarianism first emerged as a cogent political
philosophy. Communitarianism, as explained in the works
of Michael Sandel, Alasdair MacIntyre, Amitai Etzioni, and
others, elevates the idea of communal good over the rights
of individuals.
Throughout
the 1980s and 1990s, communitarianism gained popular and
political ground. The Clintons touted its principles in
the '90s, and both Bushes make frequent references to its
central tenets. In its short life, the philosophy has generated
plenty of books, both pro and con. Beau Breslin's authoritative
and original examination, The Communitarian Constitution,
contributes to the debate from a wholly original standpoint.
Existing critiques focus on the debate between liberalism
and communitarianism—in other words, the conflict
between individual rights and the communal good. Breslin
takes an entirely different stance, examining the pragmatic
question of whether or not communitarian policies are truly
practicable in a constitutional society.
In tackling
this question, Breslin traces the evolution of American
communitarianism. He examines Lincoln's unconstitutional
Civil War suspension of habeas corpus and draws on Federalist
and Anti-Federalist arguments, pegging the Anti-Federalists
as communitarians' intellectual forebearers. He also grounds
his arguments in the real world, examining the constitutions
of Germany and Israel, which offer further insight into
the relationship between constitutionalism and communitarianism.
At a moment
when American politicians and citizenry are struggling to
balance competing needs, such as civil rights and homeland
security, The Communitarian Constitution is vital
reading for anyone interested in the evolving tensions between
individual rights and the good of the community.
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Changing
Channels: The Civil Rights Case that Transformed Television
by Kay Mills
Jackson
: University Press of Mississippi, c2004
KF228.U53 M55 2004
Balcony
In
the years before the civil rights era, American broadcasting
reflected the interests of the white mainstream, especially
in the South. Today, the face of local television throughout
the nation mirrors the diversity of the local populations.
The impetus
for change began in 1964, when the Office of Communication
of the United Church of Christ and two black Mississippians,
Aaron Henry and Reverend R. L. T. Smith, challenged the
broadcasting license of WLBT, an NBC affiliate in Jackson,
Mississippi. The lawsuit was the catalyst that would bring
social reform to American broadcasting.
This
station in a city whose population was 40 percent black
was charged with failure to give fair coverage to civil
rights and to integration issues that were dominating the
news. Among offenses cited by the black population were
the cancellation of a network interview with the civil rights
attorney Thurgood Marshall and editorializing against the
integration of the University of Mississippi.
However,
muscle, money, and a powerhouse Washington, D.C., law firm
were on the side of the station. Despite the charges, the
Federal Communications Commission twice renewed the station's
license. Twice the challengers won appeals to the federal
courts. Warren Burger, then a federal appeals court judge,
wrote decisions on both challenges. The first ordered the
FCC to allow public participation in its proceedings. The
second, an unprecedented move, took the license from WLBT.
This
well-told, deeply researched history of the case covers
the legal battles over their more than fifteen years and
reports the ultimate victory for civil rights. Aaron Henry,
a black civil rights leader and one of the plaintiffs, became
the station's chairman of the board. WLBT's new manager,
William Dilday, was the first black person in the South
to hold such a position.
Burger's
decision on this Mississippi case had widescale repercussions,
for it allowed community groups in other regions to challenge
their stations and to negotiate for improved services and
for the employment of minorities.
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The
International Criminal Tribunal for the Former Yugoslavia:
An Exercise in Law, Politics, and Diplomacy by Rachel
Kerr
Oxford
[England] ; New York : Oxford University Press, 2004
KZ1203 .K47 2004
Sohn Library
On
25 May 1993 the United Nations Security Council took the extraordinary
and unprecedented step of deciding to establish the International
Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism
for the restoration and maintenance of international peace
and security. This was an extremely significant innovation
in the use of mandatory enforcement powers by the Security
Council, and the manifestation of an explicit link between
peace and justice --politics and law.
The establishment of ad hoc tribunals for the former Yugoslavia
and Rwanda was followed by the adoption of the Rome Statute
of the ICC in July 1998, the arrest of General Augusto Pinochet
in London in October 1998, and the establishment of ad hoc
tribunals in Cambodia, Sierra Leone, and East Timor, all of
which pointed to an emerging norm of international criminal
justice. The key to understanding this is the relationship
between the political mandate and the judicial function. The
Tribunal was established as a tool of politics, but it was
a judicial, not a political tool.
This book provides a systematic examination of the Tribunal,
what it is, why it was established, how it functions, and
where its significance lies. The central question is whether
an international judicial institution, such as the Tribunal,
can operate in a highly politicized context and fulfill an
explicit political purpose, without the judicial process becoming
politicized. Separate chapters chart the origins of the court,
the process of establishment, jurisdiction, procedure, state
co-operation, including obtaining custody of accused, and
the role and function of the Chief Prosecutor. This last element
is the key to the Tribunal's success in maintaining a delicate
balancing act so that its external political function does
not impinge on its impartial judicial status, and instead
enhances its effectiveness. The book concludes with an assessment
of the conduct of the Milosevic case to date.
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The
Expert versus the Object: Judging Fakes and False Attributions
in the Visual Arts edited by Ronald D. Spencer
New
York : Oxford University Press, 2004
N8790 .E86 2004
Basement
The
authenticity of visual art has always commanded the attention
of experts, dealers, collectors, and the art-minded public.
Is it "real" or "original" is a way of asking what am I buying?
What do I own? What am I looking at? And today more sophisticated
questions are being asked: How is authenticity determined
and what weight does this determination have in court? This
book of essays proposes to answer those questions.
Three lines of inquiry are basic to determining authenticity:
a connoisseur's evaluation, historical documentation or provenance,
and scientific testing. A connoisseur is an expert who evaluates
the "rightness" of a work based on much careful scrutiny of
many works by an artist and familiarity with that artist's
usual manner of working with materials. In determining provenance,
a researcher traces the physical object from the artist through
a chain of ownership to the present owner--simple enough in
concept, though it assumes that the documentation is not faked
or inaccurate. The goal is to ensure that the object is the
same one that left the artist's hand. Scientific testing,
although sometimes useful, is often longer on promise than
result. Dating paint or wood samples, for instance, can show
that a painting was made in Rembrandt's lifetime, but it cannot
prove that it is by Rembrandt's hand. If expert opinion is
divided, and large sums of money are involved, a dispute over
authenticity may end up in a court of law, where evaluation
of expert opinion evidence can be problematic.
The essays in this book clarify the nature of the methods
outlined above and explain, based on case law, the present
status of authentication issues in court. Contributors include
experts from Christie's, London; Sotheby's, New York; and
the former director of the Frick Collection; as well as leading
art historians and art dealers; an art conservator; a forensic
graphologist; a philanthropist and collector; and a specialist
in French art law. Their collective knowledge on issues of
authenticity will be invaluable for anyone interested in the
world of visual art.
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The
Origins of the American Income Tax: The Revenue Act
of 1894 and Its Aftermath
by Richard J. Joseph
Syracuse,
N.Y. : Syracuse University Press, 2004
KF6369 .J67 2004
Balcony
Why
do critics want to pull up the income tax by its roots? Why
do we have an income tax altogether especially if its principles
are no longer workable and the tax no longer serves its intended
purpose? Or are the roots, in fact, still viable? This compelling
book seeks answers to those questions in long-forgotten archives
of tax history. Drawing on rare records from Congress, Richard
J. Joseph demonstrates how the idea of relating taxes to individuals
and businesses evolved during 1893-1895, leading in 1894 to
enactment of the first American income tax legislation. That
initial law, he notes, was intended to create a permanent
and a fair "ability-to-pay" system. With an eye for detail
Joseph explores ways in which it would serve as a model for
future revenue. He explains how global and domestic changes
have rendered it passé. And he shows how much of that
early law despite
its swift demise in the case of Pollock v. The Farmers Loan
& Trust Company informs
our current federal taxation system.
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Family
Law in America by Sanform N. Katz
Oxford
; New York : Oxford University Press, 2003
KF505 .K38 2003 Balcony
For
many years family law was viewed as a study of the regulation
of relationships of husband and wife and parent and child.
Both relationships were clearly defined. In the case of husband
and wife, it was through formal legal procedures or informal
arrangements called marriage. In the case of parent and child
it was either through biology or adoption. Equally defined
were the stages by which these relationships were established,
maintained, and terminated. By the close of the twentieth
century, basic questions about who should be officially designated
a family member and by what procedure were being raised both
in the legislature and in litigation. In addition, conventional
models that had defined domestic relations such as marriage,
divorce, and adoption were either being expanded to include
contemporary patterns of living arrangements and the current
reality or new models were being constructed.
This volume examines the present state of family law in America.
Among its themes is the tension between individual autonomy
and governmental regulation in all aspects of family law.
It examines both conventional and new definitions of formal
and informal domestic relationships. It analyses the extent
to which relationships established before marriage are being
regulated, and how marriage is being redefined to take into
account equality of the sexes. It demonstrates how the definition
of marriage as a partnership in which the individual spouse's
rights are recognized has resulted in protection of the vulnerable
spouse. It examines fault and no-fault divorce procedures
and the extent to which these procedures reflect social realities.
This volume describes state intervention into the parent and
child relationship and how this is reflected in the reexamination
of the privacy of the family unit. It concludes with a discussion
of the conventional model of adoption of children and how
additional models are being developed to take into account
new family forms.
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The
Path to Partnership: A Guide for Junior Associates
by Steven C. Bennett
Westport,
Conn. : Praeger, 2004
KF300 .B46 2004
Balcony
Freshly
minted J.D.s may be well prepared for the technical and procedural
aspects of practicing law, but the real world of law firm
culture is bound to offer some surprises. Drawn from the author's
many years in training and developing junior associates, this
book provides insight into some of the most common problems
that can affect the career development of new lawyers, and
offers practical advice for navigating the crucial first years.
Bennett offers practical guidance on topics from determining
whether firm life is the right fit to preparing for partnership.
Tips and strategies for honing communication and presentation
skills, managing your time, and networking effectively will
help make the culture work for you and ensure a path to success.
Bennett
picks up where the formal education process leaves off.
Presenting a wide variety of scenarios and situations, he
shows how to read the unspoken signals that reflect relationships
of power and influence, and how to tap into them. He also
advocates a solid grounding in the basics, covering such
practical skills as writing memoranda, managing meetings,
handling delegation of work, and receiving constructive
criticism, while developing a reputation for being dependable,
organized, clear-thinking, and enthusiastic. The result
is a lively and eminently useful guide that will help you
avoid job-killing moves, set and achieve realistic goals,
and build a fulfilling legal career. |
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Giantkillers:
The Team and the Law That Help Whistle-blowers Recover America's
Stolen Billions by Henry Scammell
New
York : Atlantic Monthly Press, c2004
KF8896.5 .S28 2004 Balcony
The
riveting true story of the team that brought back an old law
to clean up corporate America
Enacted 150 years ago to help whistle-blowers bring crooked
government contractors to justice, the False Claims Act is
one of America’s most important—and least known—public-interest
laws. Giantkillers tells the dramatic and inspiring
behind-the-scenes story of how crusading public-interest attorney
John Phillips revitalized this ailing law after it had been
gutted by lobbyists and left for dead.
During the 1980s, in response to massive fraud by corporate
Goliaths such as Columbia/HCA, Smith Barney, and General Electric,
the budding legal firm of Phillips & Cohen took on a dramatic,
high-stakes battle. Forging an unlikely alliance with a conservative
senator and liberal congressman, it helped recraft the False
Claims Act to give whistle-blowers the power to sue corrupt
contractors on the government’s behalf and receive up
to 30 percent of the judgment. Since then, The Wall Street
Journal says that “no other lawyer has done as much
to help the government expose fraud.”
Although corporate abuse receives front-page, prime-time coverage,
few people understand how the offenders are actually brought
to justice via the False Claims Act, how long the process
takes (years to decades), and, ultimately, the toll the arduous
process can take on the financial, physical, and emotional
health of the whistle-blowers and their families. Through
the incredible stories of ordinary people who risked friendships,
careers, families, and even their lives in order to fight
gross betrayals of the public trust, Giantkillers traces
the evolution of the whistle-blower from social outcast to
a new kind of American hero.
Emil Stache nearly lost his life to contractor fraud when
he fell victim to a faulty artillery shell in Vietnam. Years
later, working for a crooked company that manufactured parts
for nuclear weapons, he turned to the FBI to make sure the
same thing didn’t happen to others. Jim Alderson, who
lost his job after blowing the whistle on rampant misfeasance
by a national health-care company, went from being a small-town
accountant and family man in Montana to the central figure
in the longest, richest fraud case in American history. Michael
Lissack, a Wall Street maverick on the rise, sacrificed his
idyllic lifestyle to expose unchecked corruption, changing
the face of an industry.
Charged with suspense, inspiring heroics, and riveting courtroom
drama, Giantkillers offers a vivid insider’s
look into the world of whistle-blowers, their adversaries,
and their allies, weighing the lure of corporate greed and
reckless power against the high cost—and often breathtaking
rewards—of personal integrity.
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The
Anatomy of Corporate Law: A Comparative and Functional
Approach by Reinier
H. Kraakman ... [et al.]
Oxford ; New York : Oxford University Press, 2004
K1315 .A53 2004
Balcony
This
book is a concise analytical overview of the field of corporate
law. The authors start from the premise that corporate (or
company) law across jurisdictions addresses the same three
basic agency problems: (1) the opportunism of managers vis-a-vis
shareholders; (2) the opportunism of controlling shareholders
vis-a-vis minority shareholders; and (3) the opportunism of
shareholders as a class vis-a-vis other corporate constituencies,
such as corporate creditors and employees.
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The
Courthouse and the Depot: A Narrative Guide to Railroad
Expansion and Its Impact on Public Architecture in Georgia
1833-1910 by Wilber W. Caldwell
Macon,
Ga. : Mercer University Press, c2001
NA730.G4 C35 2001 Basement
The hidden
meanings of Georgia’s nineteenth-century architectural
extravaganzas.
The
Courthouse and Depot in Georgia, 1833-1910: The Architecture
of Hope in an Age of Despair is a narrative catalog
of Georgia’s nineteenth century public architecture
and a complete history of the hundreds of rural railroad
lines that covered the state in this period.
The history
of the deep South in the years between 1833 and 1910 is revealed
in eloquent and detailed images of hundreds of public buildings.
These structures sing of hope, pride, and sweat. Their architecture
insists that the arrival of the railroad and the appearance
of the tiny depot often created such hope for economic prosperity
that people expressed their aspirations with the construction
of architectural extravaganzas. Similarly the courthouses
evoke ideologies of Old South colliding head-on with the New
South.
The Courthouse and Depot in Georgia is not an architectural
history, but a history narrated by architecture. This is a
book about small towns because the South of 1910 was small
towns. It is a book about courthouses because, more than any
other building of that era, courthouses symbolized the collective
self-image of the townspeople. Similarly, it is a book about
depots because depots symbolized the hopes for a promising
future, and the neglect of these depots symbolizes the disappointment
of those hopes.
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