K - Law Acquisitions during February 2018

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A rightful place : a road map to recognition
edited by Shireen Morris ; foreword by Galarrwuy Yunupingu
Carlton, Victoria : Black Inc., an imprint of Schwartz Publishing Pty Ltd, 2017
Soon we will all decide if and how indigenous Australians will be recognised in the constitution. In this essential book, several leading indigenous writers and thinkers provide a road map to recognition. These eloquent essays show what constitutional recognition means, and what it could make possible- a fairer relationship and a renewed appreciation of an ancient culture. With remarkable clarity and power, they traverse law, history and culture to map the path to change. The contributors to A Rightful Place are Noel Pearson, Stan Grant, Rachel Perkins, Damien Freeman, Rod Little and Jackie Huggins. (Trove)
Baker Berry KU519.I64 R54 2017

Crosscurrents : law and society in a native title claim to land and sea
Glaskin, Katie, author
Crawley, Western Australia : UWA Publishing, 2017
Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognition's paradox.

"It is one thing to know what the law says: it is another to try to understand what it means and how it is applied. When Indigenous relationships with a country are viewed through the lens of a Western property rights regime, this complexity is seriously magnified. [This book] traces the path of a native title claim in the Kimberley region of Western Australia (Sampi v. State of Western Australia) from its inception to resolution, contextualizing the claim in the web of historical events that shaped the claim's beginnings, its intersection with evolving case law, and the labyrinth of legal process, evidence and argument that ultimately shaped its end"--Back cover.
Baker Berry KU716.7 .G53 2017

The age of deference : the Supreme Court, national security, and the constitutional order
Rudenstine, David, author
Oxford, UK ; Oxford University Press, [2016]
Prologue -- The republic is askew -- The ingrained narrative -- A second look -- Breaking ranks -- Looking through a keyhole -- The evidence is secret -- The law is secret -- The court is secret -- Secret court shoots foot -- NSA surveillance : the injury is speculative -- Rights without remedies -- Still more obstacles close the courthouse door -- Guantanamo : the Supreme Court blinks -- The consequences of deference -- The mind of deference -- Be last, not first.

"In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age. "--
Baker Berry KF7209 .R83 2016

Indigenous peoples as subjects of international law
edited by Irene Watson
Milton Park, Abingdon, Oxon ; Routledge, 2018
Aboriginal nations, the Australian nation-state and indigenous international legal traditions / Ambellin Kwaymullina -- Domination in relation to indigenous ("dominated") peoples in international law / Steven Newcomb -- Natural law and the law of nations : "society" and the exclusion of first nations as subjects of international law / Marcelle Burns -- Long before Munich : the American template for Hitlerian diplomacy / Ward Churchill -- First nations, indigenous peoples : our laws have always been here / Irene Watson -- Law and politics of indigenous self-determination : the meaning of the right to prior consultation / Roger Merino -- How governments manufacture consent and use it against indigenous peoples /- Sharon Venne -- "Kill the Indian in the child" : genocide in international law / Tamara Starblanket.

"For more than 500 years, indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of indigenous peoples, and of its relationship to global injustice. Beyond the issue of indigenous peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth."--
Baker Berry K3247 .I5245 2018

Debating hate crime : language, legislatures, and the law in Canada
Lunny, Allyson M., author
Vancouver ; UBCPress, [2017]
Introduction : the political and affective language of hate -- Hate propaganda and the spectre of the Holocaust -- Legislating victims of hate -- Bill C-250 : a censoring of religious freedom or a protection against hate? -- The trans "bathroom bill" -- The baby and the bathwater : the repeal of Section 13 of the Canadian Human Rights Act.

"Debating Hate Crime examines the language used by parliamentarians, senators, and committee witnesses to debate Canada's hate laws. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada's most passionate public debates on victimization, rightful citizenship, social threat, and moral erosion."--
Baker Berry KE8905 .L86 2017

Reparations for the victims of conflict in Iraq : lessons learned from comparative practice
Sandoval Villalba, Clara, author
London : Ceasefire Centre for Civilian Rights : [2017]
The right to reparation under international law -- The scope and reach of the right to reparation -- Case study: Iraq's law no. 20 on compensation for victims of military operations, military mistakes, and terrorist attacks -- Towards a comprehensive reparations scheme for victims of the conflict with ISIS -- Conclusions and recommendations.
Baker Berry KMJ4829 .S26 2017

Global lawmakers : International organizations in the crafting of world markets
Block-Lieb, Susan, 1958- author
Cambridge, United Kingdom ; Cambridge University Press, 2017
1. Lawmaking ecologies for global markets -- 2. Emergence of a lawmaking ecology -- 3. Issue ecologies in formation -- 4. Delegations and delegates -- 5. The work of lawmaking6. Creative design in legal technologies -- 7. Whose global norms? -- 8. The lawmaking of lawmaking -- 9. Rivalries -- 10. Inventive global governance.

Offers the extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws.
Baker Berry K3316 .B59 2017

The constitution of freedom : an introduction to legal constitutionalism
Sajó, András, author
Oxford, United Kingdom : Oxford University Press, 2017
Introduction -- Constitutions and constitutionalism -- Conditions for a constitution -- Democracy, or taming an unruly friend -- Dangerous liaisons: separation of powers and checks and balances -- Federalism -- Parliamentarism and the legislative branch -- The executive power -- The rule of law and its executors -- Who guards the guardians? constitutional adjudication -- Rights -- Constitutions under stress -- Multi-layered constitutionalism, globalization and the revival of the nation state.

Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Baker Berry K3165 .S2348 2017

Environmental law : a Very Short Introduction
Fisher, Elizabeth author
Oxford, United Kingdom ; Oxford University Press, 2017
Troubles -- Environmental problems --The substance of environmental law -- The history of environmental law -- Expanding legal imagination -- The significance of nation states -- Power and accountability in environmental law -- Ensuring the effectiveness of environmental law -- The many forms of environmental justice -- Lessons.
Baker Berry K3585 .F574 2017

Supreme injustice : slavery in the nation's highest court
Finkelman, Paul, 1949- author
Cambridge, Massachusetts : Harvard University Press, 2018
Introduction -- The antebellum constitution and slavery -- John Marshall : slave owner and jurist -- John Marshall and the African slave trade -- Joseph Story : New England icon in the service of slavery -- Roger B. Taney : slavery's great chief justice -- Coda.

"In ruling after ruling, the three most important pre-Civil War justices--Marshall, Taney, and Story--upheld slavery. Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life"--
Baker Berry KF4545.S5 F567 2018

Chamado a socorrer : um ensaio sobre o exercício da defesa
Weinmann, Amadeu de Almeida
Porto Alegre, RS : Martins Livreiro, 2016
Baker Berry KHD5844 .W45 2016

Transnational sustainability laws
Paiement, Phillip, author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Introduction; 1. Between co-ordination and regulation: the dual functions of voluntary sustainability standards; 2. The socio-legal analysis of sustainability standards; 3. Governing public forests with private standards: the case of FSC in the Great Lakes region; 4. Certifying global palm oil productions: the case of the roundtable on sustainable palm oil; 5. Meta-regulating sustainability standards: the case of ISEAL alliance; 6. The politics of transnational sustainability laws; Conclusion.

"Transnational standards related to the environmental and social sustainability of production processes are becoming commonplace governance tools in the global economy. This book demonstrates how sustainability standards serve two fundamentally different functions: coordination and regulation. Standards can coordinate like-minded businesses in an industry by demarcating common sustainability commitments to distinguish between sustainable and unsustainable sectors of the industry. Yet, standards can also regulate businesses, requiring them to change production and trade practices to align with the sustainability demands of third-parties, including trading partners, advocacy groups, consumers and other civil society constituencies. These two functions reflect the private and public lenses, respectively, through which legal scholars can assess standards as transnational sustainability laws. With key case studies in forestry standards, palm oil standards, and the ISEAL Alliance, this book demonstrates how socio-legal analyses of transnational rulemaking inform debates about global administrative law and the constitutionalization of the global economy"--
Baker Berry K3585 .P35 2017

Sovereignty, international law, and the French Revolution
Kolla, Edward James, author
Cambridge, United Kingdom : Cambridge University Press, 2017
Popular sovereignty and international law on the periphery of France -- The union of Avignon and the challenges of self-determination -- Revolutionary power and the annexation of Belgium -- Strategic interests, survival, and the left bank of the Rhine -- Between subject and sovereign states: the sister republics in the Netherlands, Switzerland, and Italy.

"The advent of the principle of popular sovereignty during the French Revolution inspired an unintended but momentous change in international law. Edward James Kolla explains that between 1789 and 1799, the idea that peoples ought to determine their fates in international affairs, just as they were taking power domestically in France, inspired a series of new and interconnected claims to territory. Drawing on case studies from Avignon, Belgium, the Rhineland, the Netherlands, Switzerland, and Italy, Kolla traces how French revolutionary diplomats and leaders gradually applied principles derived from new domestic political philosophy and law to the international stage. Instead of obtaining land via dynastic inheritance or conquest in war, the will of the people would now determine the title and status of territory. However, the principle of popular sovereignty also opened up new justifications for aggressive conquest, and this history foreshadowed some of the most controversial questions in international relations today"--
Baker Berry KZ4041 .K65 2017

Tax law and social norms in mandatory Palestine and Israel
Likhovski, Assaf, author
Cambridge, United Kingdom : Cambridge University Press, 2017
Introduction : The intimate fiscal state -- Before the income tax : Jewish, Ottoman, and early mandatory taxation -- The introduction of income taxation in mandatory Palestine -- Taxation without law : The Jewish voluntary tax system -- Law and social norms in early Israeli taxation -- The rise of tax experts : Accountants, lawyers, and economists -- The transformation of tax law : Doctrinal and legislative changes.

This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.
Baker Berry KMK2790 .L55 2017

The impact of climate change mitigation on indigenous and forest communities : international, national and local law perspectives on REDD+
Tehan, Maureen, author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Machine generated contents note: 1. Introduction; 2. REDD+ as international legal regime; 3. REDD+'s broader international legal context; 4. REDD+, identity law and 'free, prior and informed consent; 5. REDD+, tenure and indigenous property claims; 6. Benefit-sharing in the REDD+ regime: linking rights and equitable outcomes; 7. Malaysia and the UN-REDD programme-exploring possibilities for tenure pluralism in forest governance; 8. REDD+ in Melanesia: Papua New Guinea and Vanuatu; 9. Indigenous land tenures and carbon mitigation schemes: lessons from Northern Australia; 10. Interacting regimes and experimentalism; 11. Conclusion.

"The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic"--
Baker Berry K3884 .T44 2017

The protection of traditional cultural expressions in Africa
Nwauche, Enyinna S., author
Cham, Switzerland : Springer, [2017]
Key Issues in the Protection of Traditional Cultural Expressions in Africa -- Traditional Cultural Expressions in Africa -- The Negative Protection of Traditional Cultural Expressions in Africa -- Heritage Protection and Traditional Cultural Expressions in Africa -- The Positive Protection of Traditional Cultural Expressions by Intellectual Property Rights in Africa -- A Rights Framework for the Protection of Traditional Cultural Expressions in Africa.

"This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples' rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity"--Back cover.
Baker Berry KQC735 .N83 2017

Morelos y la Constitución de Apatzingán : expresión del humanismo revolucionario
Martínez Pichardo, José, author
Zinacantepec, Estado de México : El Colegio Mexiquense ; [2017]
Baker Berry KGF2914 1814 .M39 2017

The democratic constitution : experimentalism and interpretation
Butler, Brian E. (Professor), author
Chicago : The University of Chicago Press, 2017
The democratic challenge to constitutional law -- Democratic aims and experimentalist procedure -- Information-rich jurisprudence -- Epstein, Holmes, and regulatory takings jurisprudence -- Lochnering -- Citizens United -- Brown and Obergefell : two positive precedents? -- From social contract theory to sociable contract theory.

"The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, "democratic experimentalism," and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice."--Publisher's website.
Baker Berry KF4541 .B985 2017

Resistencia y protesta social en el sureste de México
Martín Gerardo Aguilar Sánchez (coordinador)
México : : Universidad Autónoma Metropolitana--Azcapotzalco, [2016]
Baker Berry KGF3029 .R47 2016

Human rights dilemmas in the developing world : the case of marginalized populations at risk
edited by E. Ike Udogu and Sambuddha Ghatak
Lanham : Lexington Books, [2018]
Baker Berry K3247 .H84 2018

America's Dreyfus : the case Nixon rigged
Brady, Joan, 1939- author
Newbold on Stour, Warks, UK : Skyscraper Publications, 2015
Every American schoolchild knows of the crimes of Alger Hiss, a man whose very name rings with villainy. Communist, spy, perjurer - all of these accusations were bandied around in public and led to Hiss's downfall. Outside the US, Alger Hiss is less well-known, but the man who caused Hiss's downfall, Richard Nixon, became notorious because of his own crimes in government. Now, prize-winning thriller-writer Joan Brady has written a powerful book which demolishes the evidence against Hiss and shows how Nixon manipulated the press and public by forging evidence and riding roughshod over Hiss's rights. Research for her book followed a long friendship with Hiss after his release from prison, and her curiosity turned to outrage when she discovered how he had been treated. But why would Nixon rig such a case? Brady explains that he needed to establish anti-communist credentials at a time of Red-hunting hysteria in the US at the time he was standing as a right-wing candidate, and Hiss was his scapegoat, just as Alfred Dreyfus in France in 1894 was convicted of espionage on a wave of anti-semitism. Dreyfus was eventually cleared of his crimes; Alger Hiss never has been. Brady draws strong parallels with today, with the war on terrorism sometimes being used to silence or threaten critics of government policies in the US and the UK. Written in a vivid and personal style, America's Dreyfus reads like a one of Brady's thrillers, although every word is true.
Baker Berry KF224.H57 B63 2015

Indigenous rights in modern landscapes : Nordic conservation regimes in global context
edited by Lars Elenius, Camilla Sandström, and Christina Allard
London ; Routledge, 2017
Introduction / Lars Elenius -- Nordic legislation on protected areas : how does it affect Sâami customary rights? / Christina Allard -- Conceptions of ethnicity and nature conservation in reindeer herding areas in Sweden and Finland / Lars Elenius -- Rights of the naturised / Tore Andersson Hjulman -- Protecting sacred sites, maintaining cultural heritage, and sharing power : co-management of the SGang Gwaay UNESCO World Heritage site in Canada / Thora Herrmann, Leena Heinèamèaki and Cindy Morin -- Land rights as the prerequisite for Sâami culture : Skolt Sâami's changing relation to nature in Finland / Panu Itkonen -- Nature conservation in Russia : the case of indigenous Sâami rights in the Kola peninsula / Vladislava Vladimirova -- Reimagining governance for 'Yellowstone' modelled national parks in the new era of indigenous legal recognition / Jacinta Ruru -- Engaging with uncertainty : shared governance in indigenous conservation landscapes / Michael Adams -- A space for Sâami values? Sâami reindeer herding and Norwegian national parks / Jan Age Riseth -- International arenas, local space for agency and national discourse as mediator : protected areas in Swedish and Norwegian Sâapmi / Elsa Reimerson -- World Heritage bureaucracy : how it works and how it affects indigenous peoples / Carina Green and Jan Turtinen -- Sâami participatory rights in area protection and management : the influence of the related CBD's programme in Finland and Norway / Antje Neumann -- Contrasting nature, contrasting rights : concluding remarks / Christina Allard, Elsa Reimerson and Camilla Sandstrom.

This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.
Baker Berry K 1280 .I53 2017