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Featured Acquisitions - August 2013

 

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World War II Law and Lawyers: Issues, Cases and Characters by Thomas J. Shaw
Chicago, Illinois: American Bar Association, 2013
K124.W37 S53 2013 Balcony

The Second World War saw the rise not only of new technologies, new freedoms, new terrors, and a new world order, but of new legal issues.

This book takes a global perspective in looking at the legal situations in seven major countries affected by the war. Fifty legal issues are identified from the war, ranging from subverting the judiciary and creating a divine military to economic and social issues to genocide and nuclear weapons. And more than 300 lawyers and judges, from more than 20 countries around the world, are brought to life.

Whether you want to read this book to gain a global perspective to WWII legal issues or gain a comprehensive understanding of the legal issues involved this book has something for everyone, lawyer, history buff, or general reader.


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Thieves of Book Row: New York’s Most Notorious Rare Book Ring and the Man Who Stopped It by Travis McDade
Oxford; New York: Oxford University Press, 2013
Z1029 .M33 2013 Basement

No one had ever tried a caper like this before. The goods were kept in a secure room under constant scrutiny, deep inside a crowded building with guards at the exits. The team picked for the job included two old hands known only as Paul and Swede, but all depended on a fresh face, a kid from Pinetown, North Carolina. In the Depression, some fellows were willing to try anything--even a heist in the rare book room of the New York Public Library.

In Thieves of Book Row, Travis McDade tells the gripping tale of the worst book-theft ring in American history, and the intrepid detective who brought it down. Author of The Book Thief and a curator of rare books, McDade transforms painstaking research into a rich portrait of Manhattan's Book Row in the 1920s and '30s, where organized crime met America's cultural treasures in dark and crowded shops along gritty Fourth Avenue. Dealers such as Harry Gold, a tough native of the Lower East Side, became experts in recognizing the value of books and recruiting a pool of thieves to steal them--many of them unemployed men who drifted up the Bowery or huddled around fires in Central Park's shantytowns. When Paul and Swede brought a new recruit into his shop, Gold trained him for the biggest score yet: a first edition of Edgar Allan Poe's Al Aaraaf, Tamerlane and Minor Poems. Gold's recruit cased the rare-book room for weeks, searching for a weakness. When he found one, he struck, leading to a breathtaking game of wits between Gold and NYPL special investigator G. William Bergquist.

Both a fast-paced, true-life thriller, Thieves of Book Row provides a fascinating look at the history of crime and literary culture.


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Duel with the Devil: The True Story of How Alexander Hamilton and Aaron Burr Teamed Up to Take on America’s First Sensational Murder Mystery by Paul Collins
New York: Crown Publishers, 2013
KF223.W44 C65 2013 Balcony

Duel with the Devil is acclaimed historian Paul Collins’ remarkable true account of a stunning turn-of-the-19th century murder and the trial that ensued – a showdown in which iconic political rivals Alexander Hamilton and Aaron Burr joined forces to make sure justice was done. Still our nation’s longest running “cold case,” the mystery of Elma Sands finally comes to a close with this book, which delivers the first substantial break in the case in over 200 years.

In the closing days of 1799, the United States was still a young republic. Waging a fierce battle for its uncertain future were two political parties: the well-moneyed Federalists, led by Alexander Hamilton, and the populist Republicans, led by Aaron Burr. The two finest lawyers in New York, Burr and Hamilton were bitter rivals both in and out of the courtroom, and as the next election approached—with Manhattan likely to be the swing district on which the presidency would hinge—their animosity reached a crescendo. Central to their dispute was the Manhattan water supply, which Burr saw not just as an opportunity to help a city devastated by epidemics but as a chance to heal his battered finances.

But everything changed when Elma Sands, a beautiful young Quaker woman, was found dead in Burr's newly constructed Manhattan Well. The horrific crime quickly gripped the nation, and before long accusations settled on one of Elma’s suitors, handsome young carpenter Levi Weeks. As the enraged city demanded a noose be draped around the accused murderer’s neck, the only question seemed to be whether Levi would make it to trial or be lynched first.

The young man’s only hope was to hire a legal dream team. And thus it was that New York’s most bitter political rivals and greatest attorneys did the unthinkable—they teamed up.


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Legal Orientalism: China, the United States and Modern Law by Teemu Ruskola
Cambridge, Mass.: Harvard University Press, 2013
K237 .R87 2013 Balcony

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.

The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.


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Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism by N. Bruce Duthu
New York: Oxford University Press, 2013
KF8205 .D88 2013 Balcony

American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories.

Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests.

Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.


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Copyright and Mass Digitization by Maurizio Borghi and Stavroula Karapapa
Oxford: Oxford University Press, 2013
K1447.15 .B67 2013 Balcony

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how?

The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works.

It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digital repositories should be a permitted activity. These issues are considered in the context of both European and US law. Consideration is also given to mass digitization in the wider context of 'law and technology', comparing mass digitization issues with those of genetic databases, online privacy and data protection.

Illustrating how mass digitization unveils a number of unsettled theoretical issues within copyright, the book proposes a new regulatory framework for the use of works in the context of emerging technologies, providing a new rights-based approach to dealing with copyright.


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Proceed With Caution: A Diary of the First Year at One of America’s Largest, Most Prestigious Law Firms by William R. Keates
Chicago, IL: Harcourt Brace Legal and Professional Publications; Orlando, FL: Distributed by Harcourt Brace and Co., 1997
KF373.K42 A3 1997 Main Floor

Prestige. Famous clients. High-profile cases. Not to mention a starting salary approaching six figures. It’s not hard to figure out why so many law students dream of getting jobs at huge law firms. But when you strip away the glamour, what is it like to live that “dream?”

In Proceed With Caution, the author takes you behind the scenes, to show you what it’s really like to be a junior associate at a huge law firm. After graduating from an Ivy League law school, he took a job as an associate with one of the country’s blue-chip law firms. He also did something not many people do. He kept a diary, where he spilled out his day-to-day life at the firm in graphic detail.

Proceed With Caution excerpts the diary, from his first day at the firm to the day he quit. From the splashy benefits, to the nitty-gritty on the work junior associates do, to the grind of long and unpredictable hours, to the stress that eventually made him leave the firm – he takes you behind the scenes to show you the reality of living the life many people dream about.


   

The Ashgate Research Companion to International Criminal Law: Critical Perspectives edited by William A. Schabas, Yvonne McDermott and Niamh Hayes
Burlington, VT: Ashgate, 2012
KZ7050 .S33 2012 Basement

International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique research companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.


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Forgotten Justice: The Forms of Justice in the History of Legal and Political Theory by Allan Beever
Oxford: Oxford University Press, 2013
K215.E53 B44 2013 Balcony

Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist between them building only slowly towards the community and the state.

In the modern view, private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this book highlights how the modern conception is seriously distorting in this regard.

A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legal thought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community.


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America’s War on Terror: The State of the 9/11 Exception from Bush to Obama by Jason Ralph
Oxford : Oxford University Press 2013
KZ7220 .R35 2013 Basement

The US response to 9/11 was exceptional. The 'war on terror' went against the norm in the sense of being unusual and it challenged certain international norms as articulated in international law. This book focuses on four specific exceptions: US policy on the targeting, prosecution, detention, and interrogation of suspected terrorists. The Bush administration argued that in each of these areas the US was not constrained either by customary international law or by treaty law. This policy program has been cited by followers of the legal theorist Carl Schmitt as evidence supporting his claim that liberal internationalism was responsible for the occurrence of ever more violent types of war. Professor Ralph argues that the Schmittian thesis is useful for interpreting aspects of America's response to 9/11 but that it is wrong to conclude that the exception is inherent to liberal internationalism. The reason the war on terror fits so squarely with Schmittian thinking is because it was conceived by conservatives who sought either to defend American liberalism (in their realist guise) or to promote liberal democracy abroad (in their neoconservative guise). Liberal internationalists, particularly defensive or republican liberals, opposed the American exception. They were supported in many instances by defensive realists who argued the exception did not make the United States safer. The book considers the political strength of these arguments in the post-Bush period and concludes that the post-9/11 exception continues to influence US policy despite the election of President Obama.


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Art on Trial: Art Therapy in Capital Murder Cases by David E. Gussak
New York: Columbia University Press, 2013
RC489.A7 G87 2013 Basement

A man kidnaps his two children, murders one, and attempts to kill the other. The prosecution seeks the death penalty, while the defense employs an unusual strategy to avoid the sentence. The defendant's attorneys turn to more than 100 examples of his artwork, created over many years, to determine whether he was mentally ill at the time he committed the crimes. Detailing an outstanding example of the use of forensic art therapy in a capital murder case, David Gussak, an art therapist contracted by the defense to analyze the images that were to be presented as evidence, recounts his findings and his testimony in court, as well as the future implications of his work for criminal proceedings.

Gussak describes the role of the art therapist as an expert witness in a murder case, the way to use art as evidence, and the conclusions and assessments that professionals can draw from a defendant's artworks. He examines the effectiveness of expert testimony as communicated by the prosecution, defense, and court, and weighs the moral, ethical, and legal consequences of relying on such evidence. For professionals and general readers, this gripping volume presents a convincing account of the ability of art to reflect a damaged and dangerous psyche. A leading text on an emerging field, Art on Trial demonstrates the practical applications of an innovative approach to clinical assessment and treatment.