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Featured Acquisitions - May
2005

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Too
Late to Die Young: Nearly True Tales From a Life
by Harriet McBryde Johnson
New York : Henry Holt and Co., 2005
HV3013.J65 A3 2005 Basement
Harriet McBryde
Johnson isn't sure, but she thinks one of her earliest memories
was learning that she will die. The message came from a maudlin
TV commercial for the Muscular Dystrophy Association that
featured a boy who looked a lot like her. Then as now, Johnson
tended to draw her own conclusions. In secret, she carried
the knowledge of her mortality with her and tried to sort
out what it meant. By the time she realized she wasn't a dying
child, she was living a grown-up life, intensely engaged with
people, politics, work, struggle, and community.
Due to a congenital neuromuscular disease, Johnson has never
been able to walk, dress, or bathe without assistance. With
help, however, she manages to take on the world. From the
streets of Havana, where she covers an international disability
rights conference, to the floor of the Democratic National
Convention in Chicago, to an auditorium at Princeton, where
she defends her right to live against philosopher Peter Singer,
she lives a life on her own terms. And along the way, she
defies and debunks every popular assumption about disability.
This unconventional memoir opens with a lyrical meditation
on death and ends with a surprising sermon on pleasure. In
between, we get the tales Johnson most enjoys telling from
her own life. This is not a book "about disability" but it
will surprise anyone who has ever imagined that life with
a severe disability is inherently worse than another kind
of life.
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Digital
Crossroads: American Telecommunications Policy in the
Internet Age by Jonathan E. Nuechterlein
and Philip J. Weiser
Cambridge, Mass. : MIT Press, c2005
HE7781 .N84 2005 Basement
Telecommunications
policy profoundly affects the economy and our everyday lives.
Yet accounts of important telecommunications issues tend to
be either superficial (and inaccurate) or mired in jargon
and technical esoterica. In Digital Crossroads, Jonathan
Nuechterlein and Philip Weiser offer a clear, balanced, and
accessible analysis of competition policy issues in the telecommunications
industry. After giving a big picture overview of the field,
they present sharply reasoned analyses of the major technological,
economic, and legal developments confronting communications
policymakers in the twenty-first century.
Since the passage of the Telecommunications Act of 1996, when
Congress fundamentally reoriented the existing regulatory
scheme, no book has cogently explained the intricacies of
telecommunications competition policy in the Internet age
for general readers, students, and practitioners alike. Digital
Crossroads meets this need, focusing on the regulatory
dimensions of competition in wireline and wireless telephone
service; competition among rival platforms for broadband Internet
service and video distribution; and the Internet's transformation
of every aspect of the telecommunications industry, particularly
through the emergence of "voice over Internet protocol" (VoIP).
The authors explain not just the complicated legal issues
governing the industry, but also the rapidly changing technological
and economic context in which these issues arise. The book
includes extensive endnotes and tables that cover relevant
court decisions, FCC orders, and academic commentaries; a
glossary of acronyms; a statutory addendum containing the
most important provisions of federal telecommunications law;
and two appendixes with information on more specialized topics.
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Ecology
and Environmental Ethics: Green Wood in the Bundle of
Sticks by Robert Jay Goldstein
Aldershot, Hants, England ; Burlington, VT : Ashgate, c2004
KF3775 .G654 2004 Balcony
Examining the successes and failures of three decades of environmental
law, this absorbing book reconsiders some of the policies
devised to remedy centuries of abuse of the planet. It acknowledges
the advances made using technological standards to effect
pollution control as well as rudimentary systems that regulate
use of land at the local level. However, as the author observes,
these systems have limitations in solving vexing problems
such as sprawl and non-point source pollution, as the cost
of their use can easily outweigh the benefits. He suggests
a system, termed 'Green Wood in the Bundle of Sticks', that
provides the necessary theoretical and historical bases to
bridge the gap between the potentials of each system. Using
objective criteria based on science, this system is tied to
a land ownership system that also takes into account societal
concerns at a broader level.
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Adoption
Politics: Bastard Nation and Ballot Initiative 58
by E. Wayne Carp
Lawrence,
Kan. : University Press of Kansas, c2004
HV875.56.O7 O37 2004 Basement
The
passage of Measure 58 in Oregon in 1998 was a milestone in
adoption reform. For the first time in U.S. history a grassroots
initiative restored the legal right of adopted adults to request
and receive their original birth certificates. Within a day
after the law went into effect, nearly 2,400 adoptees had
applied for these previously sealed records, elevating their
right to know over a birth mother’s right to privacy.
E.
Wayne Carp, a nationally respected authority on adoption history,
now reveals the efforts of the radical adoptee rights organization
Bastard Nation to pass this milestone initiative. He has written
an intimate history of a passionately proposed and opposed
initiative that has the potential to revolutionize the adoption
reform movement nationwide. Carp
follows the campaign from its inception through the hard-fought
signature drives of proponents Helen Hill and Shea Grimm to
the electoral campaign and ensuing court battles. The opposition
was formidable: government officials, adoption agencies, news
media, the ACLU, religious organizations, and ad-hoc citizen
political groups. Using correspondence and his own candid
interviews with all the key players, Carp shows how both sides
mobilized their constituencies and formed their strategies.
In describing challenges to Measure 58’s constitutionality,
Carp reveals legal arguments that were never publicized by
the Oregon media and remained unknown to the American public
until now--issues centering on privacy rights that are crucial
to understanding both sides of the controversy and the hazards
of initiative politics. As
Carp shows, Measure 58 was important because it framed the
issue of adoption reform in terms of civil rights and equal
protection of the law rather than in terms of psychological
needs or medical necessity. The resulting law now gives adult
adoptees access to birth certificates but it also allows birth
mothers to indicate whether or not they wish to be contacted.
Carp not only chronicles a milestone initiative and a model
piece of legislation for other states to emulate, he also
proposes a sensible way to cut the Gordian Knot that bedevils
adoption reform today.
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Law
and Governance in Postnational Europe: Compliance beyond
the Nation-State edited by Michael Zurn and Christian
Joerges
Cambridge,
UK ; New York : Cambridge University Press, 2005
KJC5057 .L39 2005 Annex 3rd
This book
argues that Europeanization and globalization have led to
ever-more intensive legalization at transnational level. What
accounts for compliance beyond the nation-state? The authors
tackle this question by comparing compliance with regulations
that have been formulated in a very similar way at different
levels of governance. They test compliance with rules at the
national level, at the regional level (EU), and at a global
level (WTO), finding that in fact the EU has higher levels
of compliance than both international and national rules.
The authors argue that this is because the EU has a higher
level of legalization, combined with effective monitoring
mechanisms and sanctions. In this respect it seems that the
European Union has indeed achieved a high level of legalization
and compliance, though the authors add that this achievement
does not settle the related queries with the legitimacy of
transnational governance and law.
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The
Cyanide Canary by Joseph Hilldorfer and Robert Dugoni
New
York : Free Press, c2004
HV6404.I2 H55 2004 Basement
The
Cyanide Canary is the riveting true story of a horrific
crime -- of a brave young man left for dead, an unscrupulous
business mogul, and the relentless EPA investigator who
fought to overcome injustice.
On a crisp
summer morning in Soda Springs, Idaho, twenty-year-old Scott
Dominguez kissed his fiancée goodbye and went to work for
Allan Elias, the owner of Evergreen Resources, an enterprise
Dominguez thought was in the business of producing fertilizer
from mining waste. A former high school wrestler blessed
with Tom Cruise-like good looks, Dominguez seemed to have
unlimited potential, but by eleven o'clock that morning
he was fighting for his life, pulled unconscious from a
cyanide-laced storage tank and not expected to live through
the night.
In Seattle,
Special Agent Joseph Hilldorfer of the Environmental Protection
Agency was given the job of finding out what happened to
Dominguez and why. Initially Hilldorfer did not want the
case, still frustrated by an intense two-year investigation
that concluded with corporate polluters walking out of a
federal courthouse free. But as he learned more, Hilldorfer,
the son of a Pittsburgh cop with a blue-collar work ethic,
was touched by Scott's suffering and outraged at Elias's
callous disregard for his employees' well-being.
Hilldorfer
and his partner, Special Agent Bob Wojnicz, joined forces
with seasoned Boise Assistant U.S. Attorney George Breitsameter
and an indefatigable, brilliant young attorney from the
Department of Justice's Environmental Crimes Section named
David Uhlmann. Together they would uncover the horrifying
truths and build the criminal case against Elias.
A former
New York whiz kid and Arizona realestate and business mogul,
Elias owned businesses that had polluted Idaho with hazardous
waste for nearly a decade. Yet Elias never spent a single
day in jail, openly boasted of beating the environmental
quality regulations, and avoided any significant fines.
Would this case be any different?
Hilldorfer,
Uhlmann, and the government trial team embarked on an epic
courtroom battle that would stretch them to the limits.
What began as a struggle for justice for one young man became
a fight by the EPA for its very ability to enforce the nation's
environmental laws and to bring environmental polluters
to justice. In the balance was whether Allan Elias would
ever spend a day in jail.
Gripping,
powerful, and compulsively readable, The Cyanide Canary
is a major achievement in the classic tradition of A
Civil Action, a book that unfolds like fiction yet is
alarmingly true.
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United
States Hegemony and the Foundations of International Law
edited by Michael Byers and Georg Nolte
Cambridge,
UK ; New York : Cambridge University Press, 2003
KZ1242 .U55 2003 Basement
Successive
hegemonic powers have shaped the foundations of international
law. This book examines whether the current predominance of
the United States is leading to foundational change in the
international legal system. A range of leading scholars in
international law and international relations consider six
foundational areas that could be undergoing change, including
international community, sovereign equality, the law governing
the use of force, and compliance. The authors demonstrate
that the effects of US predominance on the foundations of
international law are real, but also intensely complex. This
complexity is due, in part, to a multitude of actors exercising
influential roles. And it is also due to the continued vitality
and remaining functionality of the international legal system
itself. This system limits the influence of individual states,
while stretching and bending in response to the changing geopolitics
of our time.
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American
Gulag: Inside U.S. Immigration Prisons by Mark Dow
Berkeley
: University of California Press, c2004
JV6483 .D69 2004 Basement
Before
September 11, 2001, few Americans had heard of immigration
detention, but in fact a secret and repressive prison system
run by the U.S. Immigration and Naturalization Service has
existed in this country for more than two decades. In American
Gulag, prisoners, jailers, and whistle-blowing federal
officials come forward to describe the frightening reality
inside these INS facilities. Journalist Mark Dow's on-the-ground
reporting brings to light documented cases of illegal beatings
and psychological torment, prolonged detention, racism, and
inhumane conditions. Intelligent, impassioned, and unlike
anything that has been written on the topic, this gripping
work of investigative journalism should be read by all Americans.
It is a book that will change the way we see our country.
American
Gulag takes us inside prisons such as the Krome North
Service Processing Center in Miami, the Corrections Corporation
of America's Houston Processing Center, and county jails around
the country that profit from contracts to hold INS prisoners.
It contains disturbing in-depth profiles of detainees, including
Emmy Kutesa, a defector from the Ugandan army who was tortured
and then escaped to the United States, where he was imprisoned
in Queens, and then undertook a hunger strike in protest.
To provide a framework for understanding stories like these,
Dow gives a brief history of immigration laws and practices
in the United States--including the repercussions of September
11 and present-day policies. His book reveals that current
immigration detentions are best understood not as a well-intentioned
response to terrorism but rather as part of the larger context
of INS secrecy and excessive authority.
American
Gulag exposes the full story of a cruel prison system
that is operating today with an astonishing lack of accountability.
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Law
and Education in Medieval Islam: Studies in Memory of
George Makdisi edited by Joseph E. Lowry, Devin
J. Stewart and Shawkat M. Toorawa
[Cambridge,
U.K.] : Gibb Memorial Trust, c2004
KBP55 .L39 2004
Basement
This
volume, focusing on legal education and its place in classical
and medieval Islamic civilisation, comprises eight articles
written in honour of Professor George Makdisi (1925-2002),
seven of them by his former students at the University of
Pennsylvania (William Granara, Sherman Jackson, Gary Leiser,
Joseph Lowry, Christopher Melchert, Devin Stewart, and Shawkat
Toorawa). One article is by George Makdisi's friend and Islamicist
colleague Bernard Weiss, and the Preface by George Makdisi's
friend and colleague at the University of Pennsylvania, the
European medievalist Edward Peters. George Makdisi was one
of the great scholars of Islamic law, theology and education,
as well as a historian of Islam's institutions and practices
of learning. He taught at the University of Michigan from
1953-59, at Harvard University from 1959-73, and at the University
of Pennsylvania from 1973 until his retirement in 1990. In
1993 he received the Giorgio Della Vida Award for Excellence
in Islamic Studies.
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From
Widgets to Digits: Employment Regulation for the Changing
Workplace by Katherine V.W. Stone
Cambridge,
UK ; New York : Cambridge University Press, 2004
HD6971 .S865 2004
Basement
From
Widgits to Digits is about the changing nature of the
employment relationship and its implications for labor and
employment law. For most of the twentieth century, employers
fostered long-term employment relationships through the use
of implicit promises of job security, well-defined hierarchical
job ladders, and longevity-based wage and benefit schemes.
Today’s employers no longer value longevity or seek to encourage
long-term attachment between the employee and the firm. Instead
employers seek flexibility in their employment relationships.
As a result, employees now operate as free agents in a boundaryless
workplace, in which they move across departmental lines within
firms, and across firm borders, throughout their working lives.
Today’s challenge is to find a means to provide workers
with continuity in wages, on-going training opportunities,
sustainable and transferable skills, unambiguous ownership
of their human capital, portable benefits, and an infrastructure
of support structures to enable them to weather career transitions.
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Electing
Justice: Fixing the Supreme Court Nomination Process
by Richard Davis
Oxford
; New York : Oxford University Press, 2005
KF8742 .D383 2005 Balcony
The
nomination and confirmation of Supreme Court justices has,
in recent years, become a battleground like no other. Bruising
Senate confirmation hearings for failed nominee Robert Bork
and successful nominee Clarence Thomas left the reputation
of all branches of government in disarray and the participants--and
the nation--exhausted. Even uncontroversial nominations such
as those of Ruth Bader Ginsburg and Stephen Breyer have faced
a protracted process. The Senate's Constitutional prerogative
to provide advice and consent to the President's nominations
to the highest court in the land has given rise to political
grandstanding and ideological battles.
Less well
known is how other players--interest groups, the news media,
and, through their involvement, the general public--also affect
the conduct and outcome of the Supreme Court nomination process.
In Electing Justice
Richard Davis reveals how from the late 1960s on, the role
of these other players grew in intensity to the point that
the nomination process would be unrecognizable to its original
devisers, the Framers of the Constitution. The path to the
Supreme Court now includes live television coverage of Senate
hearings, "murder boards" in preparation for those hearings,
a flood of press releases, television and radio advertisements,
and public opinion polls. Unlike earlier, more elite-governed
processes, the involvement of outside groups has become highly
public and their impact is now widely accepted. The general
public too has become involved as through the public campaigns
waged by outside groups voters increasingly follow Supreme
Court nominations and hold opinions about confirmation. How
should we respond to this informal democratization of the
selection process? The genie, Davis contends, cannot be put
back into the bottle and we cannot return to a non-political,
elite-driven ideal.
Davis concludes
with several controversial recommendations that preserve the
public role while avoiding the excesses of past nominations.
By embracing the public's participation in the examination
of nominees we can ensure a democratic process and secure
an independent and accountable judicial branch.
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Which
Rights Should be Universal?
by William J. Talbott
Oxford
; New York : Oxford University Press, 2005
JC571 .T1445 2005 Basement
"We hold
these truths to be self-evident..." So begins the U.S. Declaration
of Independence. What follows those words is a ringing endorsement
of universal rights, but it is far from self-evident. Why
did the authors claim that it was? William Talbott suggests
that they were trapped by a presupposition of Enlightenment
philosophy: That there was only one way to rationally justify
universal truths, by proving them from self-evident premises.
With the
benefit of hindsight, it is clear that the authors of the
U.S. Declaration had no infallible source of moral truth.
For example, many of the authors of the Declaration of Independence
endorsed slavery. The wrongness of slavery was not self-evident;
it was a moral discovery.
In this
book, William Talbott builds on the work of John Rawls, Jurgen
Habermas, J.S. Mill, Amartya Sen, and Henry Shue to explain
how, over the course of history, human beings have learned
how to adopt a distinctively moral point of view from which
it is possible to make universal, though not infallible, judgments
of right and wrong. He explains how this distinctively moral
point of view has led to the discovery of the moral importance
of nine basic rights.
Undoubtedly,
the most controversial issue raised by the claim of universal
rights is the issue of moral relativism. How can the advocate
of universal rights avoid being a moral imperialist? In this
book, Talbott shows how to defend basic individual rights
from a universal moral point of view that is neither imperialistic
nor relativistic. Talbott avoids moral imperialism by insisting
that all of us, himself included, have moral blindspots and
that we usually depend on others to help us to identify those
blindspots.
Talbott's
book speaks to not only debates on human rights but to broader
issues of moral and cultural relativism, and will interest
a broad range of readers. |
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