Georgia Law - Alexander Campbell King Law Library

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 lawdashdespite its swift demise in the case of Pollock v. The Farmers Loan & Trust Companydashinforms 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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