K - Law Acquisitions during July 2018

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Juridical encounters : Māori and the colonial courts, 1840-1852
Dorsett, Shaunnagh, author
Auckland, New Zealand : Auckland University Press, 2017
Introduction -- Juridical Encounters -- PART I: WHOSE LAW? WHICH LAW? -- 1. Preliminary Matters -- 2. Metropolitan Theorising: Amelioration, Protection and Exceptionalism -- 3. Amenability to British Law and Toleration: The Executive and Others -- 4. Common Law Jurisdiction over Māori: Three Cases -- 5. Conclusion -- PART II: DESIGNING EXCEPTIONAL LAWS AND INSTITUTIONS -- 1. Hobson and Clarke: 'Native' Courts -- 2. FitzRoy: The Native Exemption Ordinance 1844 -- 3. FitzRoy: Unsworn Testimony -- 4. Grey: The Resident Magistrates Courts 1846 -- 5. Conclusion -- PART III: JURIDICAL ENCOUNTERS IN THE COLONIAL COURTS -- 1. Preliminaries: Courts and Data -- 2. Offices: Protectors, Lawyers, Interpreters -- 3. Crime -- 4. Suing Civilly: The Resident Magistrates Court and the Office of the Native Assessor -- 5. Conclusion -- The Displacement of Tikanga -- A Brief Jurisprudential Afterword -- APPENDIX I: A Note on Court Data -- APPENDIX II: Court Structure in the Colonial Period -- APPENDIX III: Māori before the Superior Courts -- APPENDIX IV: Māori before the Resident Magistrates Court for Civil Matters inter se in Auckland and Wanganui -- APPENDIX V: The Provinces -- Abbreviations -- Bibliography -- Index.

"From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Māori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Māori and many settlers lived according to tikanga. How then were Māori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Māori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Māori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Māori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen"--Back cover.
Baker Berry KUQ120 .D67 2017

Robotica : speech rights and artificial intelligence
Collins, Ronald K. L., author
Cambridge, United Kingdom ; Cambridge University Press, 2018
The thesis -- Prologue. technology & communication -- The progress & perils of communication -- Robots & their receivers -- The new norm of utility -- Epilogue. from areopagitica to robotica. The commentaries -- Robotica in context : an introduction to the commentaries / Ryan Calo -- The age of sensorship / Jane Bambauer -- Speech in, speech out / James Grimmelmann -- An old libel lawyer confronts robotica's brave new world / Bruce E.H. Johnson -- What's old is new again (and vice-versa) / Helen Norton. Reply -- Robotica refined / Ronald Collins & David Skover.
Baker Berry K3254 .C65 2018

De la especulación al derecho a la vivienda : más allá de las contradicciones del modelo inmobiliario español
Rodríguez Alonso, Raquel, author
Madrid : Traficantes de Sueños, [2017]
Baker Berry KKT885 .R64 2017

Governing climate change : global cities and transnational lawmaking
Lin, Jolene, author
Cambridge, United Kingdom ; Cambridge University Press, 2018
Machine generated contents note: 1. Global Cities, Climate Change and Transnational Lawmaking; 2. Theoretical Framework; 3. The Rise of the City in International Affairs; 4. City Action on Climate Change; 5. Transnational Urban Climate Governance via Networks -- the case of C40; 6. Cities as Transnational Lawmakers; 7. A Normative Assessment of Urban Climate Law; 8. Conclusion;.

"Cities are no longer just places to live in. They are significant actors on the global stage, and nowhere is this trend more prominent than in the world of transnational climate change governance (TCCG). Through transnational networks that form links between cities, states, international organizations, corporations, and civil society, cities are developing and implementing norms, practices, and voluntary standards across national boundaries. In introducing cities as transnational lawmakers, Jolene Lin provides an exciting new perspective on climate change law and policy, offering novel insights about the reconfiguration of the state and the nature of international lawmaking as the involvement of cities in TCCG blurs the public/private divide and the traditional strictures of "domestic" versus "international." This illuminating bookshould be read by anyone interested in understanding how cities - in many cases, more than the countries in which they're located - are addressing the causes and consequences of climate change"--
Baker Berry K3585.5 .L56 2018

Justification and excuse in international law : concept and theory of general defences
Paddeu, Federica, 1982- author
Cambridge, United Kingdom : Cambridge University Press, 2018
Justification and excuse in international law -- Practical consequences of the distinction in international law -- Classifying defences into justification and excuse in international law -- Consent -- Self-defence -- Countermeasures -- Force majeure -- State of necessity -- Distress -- Conclusion.

"The defences available to a state under the law of state responsibility can be considered either justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations. The book shows that the distinction, often dismissed as one of mere academic distinction, carries significant practical implications in respect of, among others, the responsibility of accessories to the wrongful act, compensation for material breach, suspension and termination following a material breach of treaty, and impact on the normative pull of rules. Combining an analysis of state practice, the historical development of the defences, their concept and rationale, and the theory of justification and excuse, the author proposes a classification of the six defences recognised in the Articles on State Responsibility adopted by the International Law Commission in 2001"--
Baker Berry KZ4080 .P33 2018

Indigenous peoples, title to territory, rights and resources : the transformative role of free prior and informed consent
Doyle, Cathal, author
London ; Routledge, 2017
Baker Berry K738 .D69 2017

The law emprynted and Englysshed : the printing press as an agent of change in law and legal culture 1475-1642
Harvey, David, 1946 December 31- author
Oxford [United Kingdom] ; Hart Publishing, 2017
Introduction -- Regulating the printing press: how the law struggled to cope with a new communications technology -- Lawyers in the sixteenth and seventeenth centuries : a readership for law printing -- Putting the law into print -- Printing the law : the sixteenth-century phase -- Law printing in the seventeenth century : treatises and other texts -- Conclusion.
Baker Berry KD610 .H37 2017

Secession on trial : the treason prosecution of Jefferson Davis
Nicoletti, Cynthia, author
New York, NY : Cambridge University Press, 2017
The imprisoner's dilemma -- Two lions of the New York bar -- O'Conor's bluff -- The Civil War as a trial by battle -- The return of the rule of law -- Speed issues an opinion -- Public opinion and its uses -- Thaddeus Stevens, secession, and Radical Reconstruction -- Underwood and Chase -- Secession and belligerency in Shortridge v. Macon -- Richard Henry Dana comes on board -- The reach of the Prize Cases -- Two embattled Presidents -- O'Conor's triumph -- Epilogue : Texas v. White and the "settlement" of secession's constitutionality.

This book focuses on the post-Civil War treason prosecution of Confederate President Jefferson Davis, which was seen as a test case on the major question that animated the Civil War: the constitutionality of secession. The case never went to trial because it threatened to undercut the meaning and significance of Union victory. Instead of risking the 'wrong' outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. White (1869).
Baker Berry KF223.D3855 N53 2017

Humanitarian Intervention as an exception to the prohibition on the use of force
Zvržina, Petra, author
Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017]
"The core objective of the United Nations is to strive towards peace and security in international community. Recent flows of refugees to Europe have led to wonder how the international community could help both people facing abuses of their fundamental rights, and also European countries to which they are immigrating. However, since 1945, the use of force has been prohibited with no mention of interventions for humanitarian purposes. The question remains, when unauthorised humanitarian intervention as a last resort measure can be justified in a world of jus cogens prohibition of the use of force."--Back cover.
Baker Berry KZ6369 .Z87 2017

Les amendements dans l'histoire constitutionnelle d'Haïti : une forme de création constitutionnelle : espérances, avancées et désillusions
Hippolyte-Manigat, Mirlande, author
[Haiti] : PressUniQ, [2017]
Baker Berry KGS2924 .H57 2017

The WTO agreements : the Marrakesh Agreement establishing the World Trade Organization and its annexes
World Trade Organization
Cambridge : Cambridge University Press, 2017
Marrakesh Agreement Establishing the World Trade Organization -- List of annexes -- Annex 1A. Multilateral agreements on trade in goods -- Annex 1B. General Agreement on Trade in Services -- Annex 1C. Agreement on Trade-Related Aspects of Intellectual Property Rights as amended by the 2005 Protocol Amending the TRIPS Agreement -- Annex 2. Understanding on Rules and Procedures Governing the Settlement of Disputes -- Annex 3. Trade Policy Review Mechanism as amended by the General Council Decision of 26 July 2017 -- Annex 4. Plurilateral trade agreements.
Baker Berry KG4610 W675 2017x

The justice facade : trials of transition in Cambodia
Hinton, Alexander Laban, author
Oxford : Oxford University Press, 2018
For survivors of the brutal Khmer Rouge Regime, western instruments of justice are small plasters on deep wounds. In Hinton's account of the subsequent international tribunal, only traditional ceremony, ritual, and unmediated dialogue can provide true healing.
Baker Berry KZ1208.C36 A148 2018

Procès politiques au temps de Charles VII et de Louis XI : Alençon
édition critique parJoël Blanchard
Genève : Droz, [2018]
After the edition of the trials of Saint-Pol and Nemours, the first edition of those of Jean V Armagnac, the Cadet d'Albret and the action undertaken post mortem against the Bold, illuminates more strongly the judicial picture of reign. The analysis of the field of rebellion and procedures not only allows us to evaluate behavior, to probe hearts, but above all to define a working method, which is that of Louis XI, nuanced, flexible and concerned before all of efficiency. The king does not free himself from the rules of law but plays with them, the model at his discretion. The edition of these new lawsuits illustrates the "method" and the stakes, and it will certainly give the grain to grind to the literary, historians, specialists of the law, anxious to better capture on the spot the emergence of legal categories put to the test of reality. Thus the great adventure started in 2008 continues with the editing of these texts which had never been published yet.--Librairie Droz.
Baker Berry KJV135.J34 P76 2018

Nuevo derecho energético mexicano
González Márquez, José Juan, author
Ciudad de México : Universidad Autónoma Metropolitana, Azcapotzalco, 2017
Baker Berry KGF4134 .G66 2017

Exigiendo justicia y seguridad : mujeres indígenas y pluralidades legales en América Latina
Rachel Sider (coordinadora)
México : CIESAS, 2017
Baker Berry KG136.W64 E95 2017

Intellectual disability and the death penalty : current issues and controversies
Tassé, Marc J., author
Santa Barbara, California : Praeger, an imprint of ABC-CLIO, LLC, [2018]
Intellectual disability and how it is diagnosed -- A brief history of and introduction to the modern American death penalty -- The Supreme Court and the categorical exemption from capital punishment for persons with intellectual disability : Atkins v. Virginia -- Atkins on the ground : post-Atkins lower court decisions -- Assessing intellectual functioning -- Assessing adaptive behavior -- Assessing the age of onset -- Expert witnesses -- The future of Atkins.

"[This] book documents the legal and clinical aspects of the issues related to intellectual disability and the death penalty. [The book]: provides a comprehensive review of the legal and clinical aspects of the death penalty and intellectual disability; offers a detailed discussion of the Supreme court decision in Atkins v. Virginia as well as a review of court decisions since that 2002 ruling; details the diagnostic issues related to determination of intellectual disability, such as the assessment of intellectual functioning, adaptive behavior, and age of onset; and shares best practices in clinical assessment and important forensic matters that must be considered."--
Baker Berry KF9227.C2 T37 2018