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Featured Acquisitions - June
2007
See also:
Recent Acquisitions in Selected Subject Areas

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The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities by Kent Greenfield
Chicago : University of Chicago Press, 2006
KF1416 .G74 2006 Balcony
When used in conjunction with corporations, the term "public" is
misleading. Anyone can purchase shares of stock, but public
corporations themselves are uninhibited by a sense of societal
obligation or strict public oversight. In fact, managers of most large
firms are prohibited by law from taking into account the interests of
the public in decision making, if doing so hurts shareholders. But this
has not always been the case, as until the beginning of the twentieth
century, public corporations were deemed to have important civic
responsibilities.
With The Failure of Corporate Law,
Kent Greenfield hopes to return corporate law to a system in which the
public has a greater say in how firms are governed. Greenfield
maintains that the laws controlling firms should be much more
protective of the public interest and of the corporation's various
stakeholders, such as employees. Only when the law of corporations is
evaluated as a branch of public law--as with constitutional
law or environmental law--will it be clear what types of changes can be
made in corporate governance to improve the common good. Greenfield
proposes changes in corporate governance that would enable corporations
to meet the progressive goal of creating wealth for society as a whole
rather than merely for shareholders and executives.
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The Next 25 Years: The New Supreme Court and What It Means for Americans by Martin Garbus
New York : Seven Stories Press, c2007
KF8742 .G375 2007 Balcony
In The Next 25 Years, renowned First Amendment lawyer Martin
Garbus examines what will be the impact of the new Supreme Court on the
future of our republic. Drawing on extensive knowledge of
Constitutional law and legal precedents, Garbus, one of our most astute
legal historians, defrocks the executive branch's grip over the
judiciary as an extension of its own executive powers. He warns of the
threat of an incoming "textualist" bench that wishes to roll back more
than a century's worth of hard-won reforms. And he offers the first
clear-eyed account of how the coming bench may imperil our way of life
and endanger the liberties you may have thought were our inalienable
rights.
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The Oxford Handbook of International Environmental Law edited by Daniel Bodansky, Jutta Brunnee and Ellen Hey
Oxford ; New York : Oxford University Press, 2007
K3585 .O96 2007 Balcony
The Oxford Handbook of International Environmental Law takes stock of
the major developments in international environmental law, while
exploring the field's core assumptions and concepts, basic analytical
tools, and key challenges. Featuring contributions from distinguished
scholars and drawing upon insights from political science, economics
and philosophy, it is intended to serve as an indispensable overview of
the field. |
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Investment Banking: Institutions, Politics, and Law by Alan D. Morrison and William J. Wilhelm, Jr.
Oxford ; New York : Oxford University Press, 2007
HG4534 .M65 2007 Basement
Investment Banking: Institutions, Politics, and Law
provides an economic rationale for the dominant role of investment
banks in the capital markets, and uses it to explain both the
historical evolution of the investment banking industry and also recent
changes to its organization. Although investment decisions rely upon
price-relevant information, it is impossible to establish property
rights over it and hence it is very hard to coordinate its exchange.
The authors argue that investment banks help to resolve this problem by
managing "information marketplaces," within which extra-legal
institutions support the production and dissemination of information
that is important to investors. Reputations and relationships are more
important in fulfilling this role than financial capital.
The authors substantiate their theory with reference to the industry's
evolution during the last three centuries. They show how investment
banking networks were formed, and identify the informal contracts that
they supported. This historical development points to tensions between
the relational contracting of investment banks and the regulatory
impulses of the State, thus providing some explanation for the periodic
large-scale State intervention in the operation of capital markets.
Their theory also provides a technological explanation for the massive
restructuring of the capital markets in recent decades, which the
authors argue can be used to think about the likely future direction of
the investment banking industry.
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The Killing State: Capital Punishment in Law, Politics, and Culture edited by Austin Sarat
New York : Oxford University Press, 1999
KF9227.C2 K56 1999 Balcony
This volume offers a timely examination of a vitally important topic:
the impact of capital punishment on our law, our politics, and our
cultural life. Asking what it means for citizens to live in a killing
state, the book shows why America clings tenaciously to a punishment
that has been abandoned by every other industrialized democracy.
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Born Unfree: Child Labour, Education, and the State in India by Myron Weiner, Neera Burra, Asha Bajpai
New Delhi ; Oxford : Oxford University Press, 2006
HD6250.I42 B67 2006 Basement
This book provides a comprehensive and up-to-date look at child labor,
the exploitative relationship of the economy to the children of the
poor and the marginalized in India, and on child rights as a key issues
in the development debate internationally.
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David's Hammer: The Case for An Activist Judiciary by Clint Bolick
Washington, D.C. : Cato Institute, c2007
KF384 .B58 2007 Balcony
Judicial activism is condemned by both right and left, for good reason:
lawless courts are a threat to republican government. But challenging
conventional wisdom, constitutional litigator Clint Bolick argues in David's Hammer
that far worse is a judiciary that allows the other branches of
government to run roughshod over precious liberties. For better or for
worse, only a vigorous judiciary can enforce the limits on executive
and legislative action, protect constitutional rights, and tame
unelected bureaucrats.
That, Bolick demonstrates, is exactly the
role the framers intended the courts to play, envisioning a judiciary
deferential to proper democratic governance but bold in defense of
freedom. But the historical record is painfully uneven. During the
Warren era, courts protected freedom of speech and equal protection of
the law but denigrated other important rights and took on executive and
legislative powers that brought disrepute to the judiciary. The
Rehnquist Court restored some balance, reining in judicial excesses and
protecting property rights, but stopped far short of the activist
judicial role the framers charted for the courts in policing conduct of
other branches of government that exceeds constitutional boundaries.
Bolick
showcases numerous real-world examples of people whose rights to free
speech, economic liberty, equal protection of the law, and private
property were violated by government--victims of government oppression
whose only recourse is the courts. David's Hammer reclaims for the judiciary its intended role as the ultimate safeguard of a free society.
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Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda: by Vanessa A. Baird
Charlottesville : University of Virginia Press, 2007
KF8742 .B295 2007 Balcony
The U.S. Supreme Court is the quintessential example of a court
that expanded its agenda into policy areas that were once reserved
for legislatures. Yet scholars know very little about what causes
attention to various policy areas to ebb and flow on the Supreme
Court's agenda. Vanessa A. Baird's Answering the Call of the
Court: How Justices and Litigants Set the Supreme Court Agenda
represents the first scholarly attempt to connect justices'
priorities, litigants' strategies, and aggregate policy outputs
of the U.S. Supreme Court.
Most previous studies on the Supreme Court's agenda examine case
selection, but Baird demonstrates that the agenda-setting process
begins long before justices choose which cases they will hear.
When justices signal their interest in a particular policy area,
litigants respond by sponsoring well-crafted cases in those policy
areas. Approximately four to five years later, the Supreme Court's
agenda in those areas expands, with cases that are comparatively
more politically important and divisive than other cases the Court
hears. From issues of discrimination and free expression to welfare
policy, from immigration to economic regulation, strategic supporters
of litigation pay attention to the goals of Supreme Court justices
and bring cases they can use to achieve those goals.
Since policy making in courts is iterative, multiple well-crafted
cases are needed for courts to make comprehensive policy. Baird
argues that judicial policy-making power depends on the actions
of policy entrepreneurs or other litigants who systematically
respond to the priorities and preferences of Supreme Court justices.
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Deportation Nation: Outsiders in American History by Daniel Kanstroom
Cambridge, Mass. : Harvard University Press, 2007
KF4842 .K25 2007 Balcony
The danger of deportation hangs over the head of virtually every
noncitizen in the United States. In the complexities and
inconsistencies of immigration law, one can find a reason to deport
almost any noncitizen at almost any time. In recent years, the system
has been used with unprecedented vigor against millions of deportees.
We are a nation of immigrants--but which ones do we want, and
what do we do with those that we don't? These questions have troubled
American law and politics since colonial times.
Deportation Nation is a chilling history of communal
self-idealization and self-protection. The post-Revolutionary Alien and
Sedition Laws, the Fugitive Slave laws, the Indian "removals," the
Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese
Americans--all sought to remove those whose origins suggested they
could never become "true" Americans. And for more than a century,
millions of Mexicans have conveniently served as cheap labor, crossing
a border that was not official until the early twentieth century and
being sent back across it when they became a burden.
By illuminating the shadowy corners of American history, Daniel
Kanstroom shows that deportation has long been a legal tool to control
immigrants' lives and is used with increasing crudeness in a globalized
but xenophobic world.
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Scoundrels to the Hoosegow: Perry Mason Moments and Entertaining Cases from the Files of a Prosecuring Attorney... by Morley Swingle
Columbia : University of Missouri Press, c2007
KF373.S95 A3 2007 Balcony
It has been
said that the public prosecutor has more power over life, liberty, and
reputation than any other person--a daunting proposition, but perhaps
less intimidating when that official's perspective is tempered by humor
and compassion.
In
Scoundrels to the Hoosegow, a veteran prosecutor who is also a
consummate storyteller shares more than thirty entertaining legal
stories drawn from real life, re-creating, with verve and wit, villains,
heroes, and ordinary citizens. In cases both tragic and hilarious,
Morley Swingle offers a behind-the-scenes look at the justice system,
taking readers from the scene of the crime to the courtroom as he
explores the worlds of judges, attorneys, police officers, and
criminals.
Informed by a
deep appreciation of Mark Twain, Swingle aims to do for his profession
what Clemens did for riverboat piloting. He leads readers on an
enjoyable romp through crime and punishment, while offering a clear
exposition of legal points--from the subtleties of cross-examination to
the role of plea bargaining.
In cases
ranging from indecent exposure to conspiracy to commit murder, Swingle
considers the fine line between pornography and obscenity and discusses
sensitive issues surrounding first-degree murder and the death penalty.
Whether describing a drunken but well-meaning probationer who frees the
dogs on "death row: or the woman who tries to hire a reluctant hit man
to dispose of her husband, he combines true crime and legal analysis
with a healthy dose of humor--and shares the occasional "Perry Mason
moment" in which a trial dramatically shifts direction.
Not since the
author of Anatomy of a Murder, Robert Traver, wrote Small
Town D.A. fifty years ago has an American prosecutor penned such a
candid, revealing, and funny account of the job--an altogether satisfying
book that sentences the reader to many hours of enjoyment.
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Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush by Christine L. Nemacheck
Charlottesville : University of Virginia Press, 2007
KF8742 .N46 2007 Balcony
The process by which presidents decide whom to nominate to fill
Supreme Court vacancies is obviously of far-ranging importance,
particularly because the vast majority of nominees are eventually
confirmed. But why is one individual selected from among a pool
of presumably qualified candidates? In Strategic Selection:
Presidential Nomination of Supreme Court Justices from Herbert
Hoover through George W. Bush, Christine Nemacheck makes heavy
use of presidential papers to reconstruct the politics of nominee
selection from Herbert Hoover's appointment of Charles Evan Hughes
in 1930 through President George W. Bush's nomination of Samuel
Alito in 2005. Bringing to light firsthand evidence of selection
politics and of the influence of political actors, such as members
of Congress and presidential advisors, from the initial stages
of formulating a short list through the president's final selection
of a nominee, Nemacheck constructs a theoretical framework that
allows her to assess the factors impacting a president's selection
process.
Much work on Supreme Court nominations focuses on struggles over
confirmation, or is heavily based on anecdotal material and posits
the 'idiosyncratic' nature of the selection process; in contrast,
Strategic Selection points to systematic patterns in judicial
selection. Nemacheck argues that although presidents try to maximize
their ideological preferences and minimize uncertainty about nominees'
conduct once they are confirmed, institutional factors that change
over time, such as divided government and the institutionalism
of the presidency, shape and constrain their choices. By revealing
the pattern of strategic action, which she argues is visible from
the earliest stages of the selection process, Nemacheck takes
us a long way toward understanding this critically important part
of our political system.
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Managing the Modern Law Firm: New Challenges, New Perspectives edited by Laura Empson
Oxford : Oxford University Press, 2007
K129 .M36 2007 Balcony
Law firms face unique organizational, managerial, and business issues,
such as the role of partners, new practice development, payment
systems, the value of legal knowledge, career development, and
competitive advantage. Successfully meeting these challenges is vital
for the prosperity of law firms.
Featuring contributions from both legal practitioners and management researchers, Managing the Modern Law Firm
seeks to present the latest insights from Management Studies in an
approachable, practical, and relevant manner for lawyers involved
directly and indirectly with the management of law firms.
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Running for Judge: The Rising Political, Financial, and Legal Stakes of Judicial Elections edited by Matthew J. Streb
New York : New York University Press, c2007
KF8785.A7 R86 2007 Balcony
Across the country, races for judgeships are becoming more and more
politically contested. As a result, several states and cities are now
considering judicial election reform. Running for Judge
examines the increasingly contentious judicial elections over the last
twenty-five years by providing a timely, insightful analysis of
judicial elections. The book ties together the current state of the
judicial elections literature, and presents new evidence on a wide
range of important topics, including: the history of judicial
elections; an understanding of the types of judicial elections;
electoral competition during races; the increasing importance of
campaign financing; voting in judicial elections; the role interest
groups play in supporting candidates; party organizing in supposedly
non-partisan elections; judicial accountability; media coverage; and
judicial reform of elections.
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Supreme Discomfort: The Divided Soul of Clarence Thomas by Kevin Merida and Michael A. Fletcher
New York : Doubleday, c2007
KF8745.T48 M47 2007 Balcony
Supreme Discomfort originated from a much-commented-upon profile of Clarence Thomas that appeared in an August 2002 issue of The Washington Post Magazine. In it, Kevin Merida and Michael Fletcher, both Post
staffers, both black, crafted a haunting portrait of an isolated and
bitter man, savagely reviled by much of the black community, not
entirely comfortable in white society, internally wounded by his
passage from a broken family and rural poverty in Georgia to elite
educational institutions to the pinnacle of judicial power. He has
clearly never recovered from the searing experience of his Senate
confirmation hearings and the "he said/she said" drama of the
accusations of sexual harassment by Anita Hill.
Supreme Discomfort tracks the personal odyssey of perhaps the least understood
man in Washington, from his poor childhood in Pin Point and Savannah,
Georgia, to his educational experiences in a Catholic seminary and Holy
Cross, to his law school years at Yale during the black power era, to
his rise within the Republican political establishment. It offers a
window into a man who straddles two different worlds and is uneasy in
both--and whose divided personality and conservative political
philosophy will deeply influence American life for years to come. |
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