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K - Law Acquisitions during August 2016

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Gouvernance de proximité et collectivités territoriales en Haïti : vers la séparation et la répartition harmonieuse des pouvoirs de l'État
Grand-Pierre, Claude, author
Delmas : C3 Éditions, [2015]
Study on administrative structure and political divisions in Haiti that proposes decentralization to obtain a better balance of power and improved administrative structure.
Baker Berry KGS3235 .G73 2015

Direitos humanos e participação política
Clovis Gorczevski, org
Porto Alegre, RS : Imprensa Livre, 2010-
Baker Berry KHD3003 .D57145 2010

New approaches to international regulatory cooperation
Reeve T. Bull and 3 others, special editors
Durham, North Carolina : Duke University School of Law, [2015]
Baker Berry K3943 .N2 2015

Los jueces contra el franquismo : Justicia Democrática
Pilar Díaz Sánchez (ed.) ; prólogo de José Antonio Martín Pallín
Madrid : Maia Ediciones, [2016]
Prólogo / José Antonio Martín Pallín -- Los jueces contra el franquismo : "Justicia Democrática" / Pilar Díaz Sánchez -- Los derechos en el franquismo / Alfonso Ruiz Miguel -- Poder judicial y estado de derecho / Perfecto Andrés Ibáñez -- Prensa y justicia en la Transición / Bonifacio de la Cuadra -- Homenaje a "Justicia Democrática" y otros recuerdos de un pasado reciente / Fernando Ledesma Bartret.
Baker Berry KKT471 .J84 2016

Tax law and racial economic justice : Black tax
Smith, Andre L., author
Lanham ; Lexington Books, [2015]
Baker Berry KF6289.85 .S65 2015

The new politics of immigration and the end of settler societies
Dauvergne, Catherine, author
New York, NY : Cambridge University Press, 2016
Baker Berry K3274 .D38 2016

Las relaciones laborales colectivas en América Latina y España
coordinadores, Cristina Mangarelli, Tomás Sala Franco, Francisco J. Tapia Guerrero
Valencia : Tirant lo Blanch, 2015
Baker Berry K1721 .R45 2015

Why law matters
Harel, Alon, author
Oxford : Oxford University Press, 2015
Baker Berry K237 .H37 2015

Declarations of interdependence : a legal pluralist approach to indigenous rights
Anker, Kirsten, author
Farnham, Surrey, England ; Ashgate, [2014]
Introduction -- Recognition -- Law in time and space : dimensions of legal pluralism -- Translation : evidentiary fact, language and law -- Proof : the Ngurrara Canvas -- Negotiated agreements -- Conclusion.
Baker Berry K3247 .A55 2014

From recognition to reconciliation : essays on the constitutional entrenchment of Aboriginal and treaty rights
edited by Patrick Macklem and Douglas Sanderson
Toronto ; University of Toronto Press, [2016]
Introduction: Recognition and reconciliation in indigenous-settler societies / Patrick Macklem and Douglas Sanderson -- Indigenous peoples and the ethos of legal pluralism in Canada / Patrick Macklem -- "Looking for a knot in the bulrush" : reflections on law, sovereignty and Aboriginal rights / Mark D. Walters -- We Are still in the age of encounter : Section 35 and a Canada beyond sovereignty / Jeremy Webber -- The generative structure of Aboriginal rights / Brian Slattery -- A common law biography of Section 35 / P.G. McHugh -- Indigenous knowledge and the reconciliation of Section 35(1) / Dale Turner -- Military historiography, warriors and soldiers : the normative impact of epistemological choices / Jean Leclair -- Consultation and economic reconciliation / Dwight Newman -- The state of the Crown-Aboriginal fiduciary relationship : the case for an Aboriginal veto / Michael J. Bryant -- Administering consultation at the National Energy Board : evaluating tribunal authority / Sari Graben and Abbey Sinclair -- Non-status indigenous groups in Canadian courts : practical and legal difficulties in seeking recognition / Sébastien Grammond, Isabelle Lantagne, & Natacha Gagné -- Liberal and tribal membership boundaries : descent, consent and Section 35 / Kirsty Gover -- Overlapping consensus, legislative reform and the Indian Act / Douglas Sanderson -- Walls and bridges : competing agendas in transitional justice / Courtney Jung -- From recognition to reconciliation : Nunavut and self-reliance -- an Arctic entity in transition / Natalia Loukacheva -- Constitutional indigenous treaty jurisprudence in Aotearoa, New Zealand / Jacinta Ruru -- Constitutional reform in Australia : recognizing indigenous Australians in the absence of a reconciliation process / Megan Davis, Marcia Langton -- Legislation and indigenous self-determination in Canada and the United States / John Borrows -- The indigenous international and a jurisprudence of jurisdictions / Michael Ignatieff.
Baker Berry KE 8205 .F76 2016

Freedom and indigenous constitutionalism
Borrows, John, 1963- author
Toronto ; University of Toronto Press, [2016]
Physical philosophy : mobility and Indigenous freedom -- Civil (dis)obedience, freedom and democracy -- Indigenous freedom and Canadian constitutionalism -- (Ab)originalism and Canada's constitution -- Legislation and indigenous self-determination in Canada and the United States -- Aboriginal and treaty rights and violence against women.

"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance."--
Baker Berry KE7709 .B677 2016

Aboriginal customary law : a source of common law title to land
Secher, Ulla, author
Oxford ; Hart Publishing, 2014
pt. I. Australian land law and the meaning of radical title pre-Mabo -- The origin and application of the Doctrine of Absolute Crown Ownership in Australia : the common law 1788--1992 -- I. The feudal basis of land law in England -- A. Germ of the Doctrine of Tenure -- i. Folkland -- ii. Bookland -- iii. Folkland : private property or public property? -- iv. Laenland -- v. Summary -- B. The Norman Conquest : establishment of feudal tenure -- C. 'Exceptions' to the Doctrine of Tenure -- i. Allodial land -- ii. Recognition of customary law rights to land : tenure in ancient Demesne -- iii. The Estate Pur Autre Vie -- iv. Adverse possession -- v. Ecclesiastical tenures -- vi. Summary -- II. The reception of land law into the Australian colonies -- A. The English Doctrine of Tenure in 1788 -- B. The Doctrine of Reception -- i. Milirrpum v Nabalco Pty Ltd : non-feudal rights in land -- III. Conclusion -- The meaning of radical title pre-Mabo -- The meaning of radical title : the leading Privy Council authorities (re)examined -- A. St Catherine's Milling and Lumber Co v R -- B. Amodu Tijani v Secretary, Southern Nigeria -- C. Re Southern Rhodesia -- II. International v municipal law : American authority -- A. Johnson v M'Intosh -- B. Cherokee Nation v Georgia -- C. Worcester v Georgia -- III. New Zealand authority -- A.R v Symonds -- B. Wi Parata v Bishop of Wellington : international law revisited -- C. Nireaha Tamaki v Baker -- IV. Conclusion -- pt. II. The Doctrine of Tenure and the juridical consequences of the colonial law classification of an 'Inhabited' colony as 'Settled' re-examined post-Mabo -- The Doctrine of Tenure and the common law consequences of the classification of an 'Inhabited' Colony as 'Settled' post-Mabo : emergence of the Doctrine of Tenure ad Veritatem and the Doctrine of Continuity Pro-Tempore -- I. Radical title as the postulate of the Doctrine of Tenure ad Veritatem.

This book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity.
Baker Berry KU659 .S43 2014

Uma história social e cultural do direito, da justiça e da política : do antigo regime ibero-americano à contemporaneidade latino-americana
Andrea Reguera, Eliane Cristina Deckmann Fleck, organizadoras
São Leopoldo, RS : Oikos, 2015
Baker Berry KG495 .H588 2015

Legal practice in the formative stages of the Chinese empire : an annotated translation of the exemplary Qin criminal cases from the Yuelu Academy collection
by Ulrich Lau, Thies Staack
Leiden ; Brill, [2016]
Introduction -- Sources on early Chinese law before the Yuelu Academy finds -- The Yuelu Academy manuscript collection -- The Wei yu deng zhuang manuscripts -- The Wei yu deng zhuang in comparison with the Zou yan shu from Zhangjiashan tomb no. 247 -- The Wei yu deng zhuang in comparison with other legal texts -- Conclusions.
Baker Berry KNN265.A4 W45 2016

Hegemonía y nueva constitución : dominación, subalternidad y proceso constituyente
Muñoz L., Fernando de author
Valdivia, Chile : Ediciones UACh, [2015]
Baker Berry KHF2921 .M86 2015

Hallowed stewards : Solon and the sacred treasurers of ancient Athens
Bubelis, William Stanley, author
Ann Arbor : University of Michigan Press, [2016]
Solon's Law on the Tamiai -- The Solonian Calendar and Solon's Other Laws -- The Politics of Being a Sacred Treasurer in Archaic Athens -- The Tamiai of Athena and Their Duties -- Athena's Property and Hiera Wealth -- Hosia Property and the Public Treasury -- Sacred Property in the Democracy -- Conclusions.

"Students of ancient Athenian politics, governance, and religion have long stumbled over the rich evidence of inscriptions and literary texts that document the Athenians' stewardship of the wealth of the gods. Likewise, Athens was well known for devoting public energy and funds to all matters of ritual, ranging from the building of temples to major religious sacrifices. Yet, lacking any adequate account of how the Athenians organized that commitment, much less how it arose and developed, ancient historians and philologists alike have labored with only a paltry understanding of what was a central concern to the Athenians themselves. That deficit of knowledge, in turn, has constrained and diminished our grasp of other essential questions surrounding Athenian society and its history, such as the nature of political life in archaic Athens, and the forces underlying Athens' imperial finances. Hallowed Stewards closely examines those magistracies that were central to Athenian religious efforts, and which are best described as "sacred treasurers." Given the extensive but nevertheless fragmentary evidence now available to us, no catalog-like approach to these offices could properly encompass their details much less their wider historical significance. Inscriptions and oratory provide the bulk of the evidence for this project, along with the so-called Constitution of Athens attributed to Aristotle. Hallowed Stewards not only provides a wealth of detail concerning these hitherto badly understood offices, but also the larger diachronic framework within which they operated"--
Baker Berry KL4378 .B83 2016

The prince as poisoner : the trial of Sigismondo Chigi, Rome 1790
Ridley, Ronald T., 1940- author
Città del Vaticano : Biblioteca apostolica vaticana, 2015
Baker Berry KKH41.C45 R53 2015

The moral economy : why good incentives are no substitute for good citizens
Bowles, Samuel, author
New Haven ; Yale University Press [2016]
Should the idea of economic man-the amoral and self-interested Homo economicus-determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding "no." Policies that follow from this paradigm, he shows, may "crowd out" ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the employer thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends.
Baker Berry K487.E3 B69 2016

The Burger Court and the rise of the judicial right
Graetz, Michael J., author
New York : Simon & Schuster, 2016
Introduction: A counterrevolution reclaimed -- Part one: Crime. The fall and rise of the death penalty ; Taming the trilogy ; Closing the federal courthouse doors -- Part two: Race. Still separate, still unequal ; Seeking a higher education -- Part three: Social transformation. Privacy at a price ; The rocky road to sex equality ; Expression and repression ; A religious people's court -- Part four: Business. Corporations are people too ; Battling workplace inequality -- Part five: The Presidency. Power and its abuse ; Richard Nixon in Warren Burger's court -- Conclusion: A lasting legacy.

"Drawing on the personal papers of justices as well as other archives, a first-of-its-kind book provides a fresh perspective at the Warren Burger Supreme Court, digging down to the roots of its most significant decisions and shows how their legacy affects us today,"--NoveList.
Baker Berry KF8748 .G69 2016

East West Street : on the origins of "genocide" and "crimes against humanity"
Sands, Philippe, 1960- author
New York : Alfred A. Knopf, 2016
"A ... personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler's Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of 'genocide' and 'crimes against humanity,' both of whom not knowing the other, studied at the same university with the same professor, in a city little known today that was a major cultural center of Europe, 'the little Paris of Ukraine,' a city variously called Lemberg, Lwów, Lvov, or Lviv ... Sands ... realized that his own field of international law had been forged by two men--Rafael Lemkin and Hersch Lauterpacht--each of whom had studied law at Lviv University in the city of his grandfather's birth, each of whom had come to be considered the finest international legal mind of the twentieth century, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world"--Dust jacket flap.
Baker Berry KZ7180 .S26 2016

Lawyers and savages : ancient history and legal realism in the making of legal anthropology
Tuori, Kaius, author
Milton Park, Abingdon, Oxon ; Routledge, 2015
Introduction -- Blood : Law as Culture -- Sex : The Fascination of Primitive Law -- Magic : The Realist Revolution -- The Banality of Pluralism -- Conclusions.

"Lawyers and Savages explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Nineteenth century legal anthropology - and with it the idea of "primitive law"--Was born out of the universalization of the Western legal tradition, and its understanding of history as a civilizing process. And this book demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, the book traces the intellectual revolution of legal anthropology. In doing so, however - and beyond the conventional story from Maine to Malinowski - it introduces an American story: as the book details how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism. Finally, this book shows how, despite the explicit rejection, the central themes of primitive law continue to influence current ideas - about indigenous legal systems, but also of the place and role of law in development"--
Baker Berry K487.A57 T86 2015

Lethal force and the "objectively reasonable" officer : law, liability, policy, tactics and survival
Callahan, John M. 1943-
Flushing, NY : Looseleaf Law Publications, Inc., [2015]
Deadly force and constitutional law -- Impact of Graham and Garner decisions on the Federal circuit courts -- The qualified immunity defense -- Graham v. Connor : criminal prosecution for using deadly force -- The "objectively reasonable" officer defined -- Firearms and deadly force training -- Action versus reaction : the deadly reactionary gap -- Wound ballistics -- Tennessee v. Garner : deadly force and the fleeing felon -- Dangerous vehicle pursuits : Scott v. Harris -- Deadly force : the body's physiological response -- Politics and the patrol rifle -- "The objectively reasonable law enforcement officer" summation.
Baker Berry KF5399 .C355 2015

The lobbying manual : a complete guide to federal lobbying law and practice
editors, Rebecca H. Gordan, Thomas M. Susman ; foreword by Robert F. Bauer
Chicago, Illinois : ABA Section of Administrative Law and Regulatory Practice, [2016]
Constitutional and legal protections of lobbying / William McGinley -- The structure and organization of Congress and the practice of lobbying / Craig Holman and Jamie Conrad -- Brief history of Federal lobbying regulation / Thomas M. Susman -- Lobbying disclosure act registration and reporting requirements / Rebecca H. Gordon, Kate Sawyer Keane, and Linda Rockwell -- Semiannual reports on contributions and disbursements by registrants and lobbyists / Daniel Nudelman -- Public access to lobbying records : the online lobbying disclosure database / Craig Holman -- GAO audits of compliance with the lobbying disclosure act / Brian G. Svoboda and Rebecca H KGordon -- Congressional ethics : gifts, travel, and outside income / Robert F. Bauer and Rebecca H. Gordon -- Laws governing interactions with the Executive branch / Kip F. Wainscott -- Antitrust consent decree (Tunney Act) lobbying / Thomas M. Susman -- 501(c)(3) internal revenue code lobbying limits / Ezra Reese -- Tax laws that apply to lobbying for businesses and other nonprofits / Tyler Hagenbuch -- Tax rules limiting deductibility of lobbying expenses by businesses and trade associations / Joseph Sandler -- Office of management and budget regulations governing lobbying costs incurred by nonprofit organizations / Thomas M. Susman -- The Byrd Amendment / Thomas M. Susman -- Contingent fee lobbying / Thomas M. Susman -- Federal acquisition regulation governing lobbying / Thomas M. Susman -- Political intelligence / Mary C. Moynihan, Brian G. Svododa, and Barak Cohen -- Foreign agents registration act / Ronald I. Meltzer -- DOJ FARA enforcement / Jim Christian and Taryn Frideres -- Criminal prosecution of lobbyists and lawmakers for Bribery, Gratuities, and Honest Services Fraud / Virginia E. Davis Horton and James B. Christian Jr. -- Ethics law and the lawyer-lobbyist / Thomas Ross -- The use of corporate resources in connection with federal elections / Andrew Werbrock -- Federal election activity by corporations after Citizens United / Trevor Potter and Matthew T. Sanderson -- Pay-to-Play rules / Jonathan Berkon and Karl Sandstrom -- Restrictions on giving gifts to executive branch employees / Kathleen Clark and Cheryl Embree -- Post-employment restrictions and the regulation of lobbying by former employees / Robert G. Vaughn -- Additional restrictions on post-employment activity and on negotiating for future employment under congressional ethics rules / Robert L. Walker -- Restrictions on service by former lobbyists in the Obama Administration and on service by lobbyists on federal advisory committees / Robert L. Walker -- Building an effective lobbying disclosure act compliance program / Rebecca H. Gordon.
Baker Berry KF4948 .L62 2016

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