K - Law Acquisitions during June 2018

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Institutionum, siue, Primorum totius iurisprudentiae elementorum libri quatuor
... commentarijs Accursij ... ; nouissimè Cuiacii obseruationibus illustrati ; accessit ad voluminis calcem, ipsius Iustiniani Imperatoris vita ... opera Aegidij Perrini
Venetiis : Sub signo Aquilae renouantis, MDLXXXIII [1584]
Rauner Webster Library KJA1082.2 1584

Board of Veterans' Appeals ... decisions
[Washington, D.C.] : Department of Veterans Affairs :
Jones Media CD-ROM KF7702 .U55

Harmonized tariff schedule of the United States
Washington, D.C. : U.S. Government Printing Office
For use in classification of imported merchandise for rate of duty and statistical purposes.
Jones Media CD-ROM KF6654

Internal revenue manual
[Washington, D.C.] : Department of the Treasury, Internal Revenue Service, [1996-]
Jones Media CD-ROM KF6301.A33 I58

The constitution of Japan : a documentary history of its framing and adoption, 1945-1947
edited by Ray A. Moore and Donald L. Robinson
Princeton, NJ : Distributed by Princeton University Press, ©1998
Jones Media CD-ROM KNX2064.5 1947 .M65 1998

Internal revenue manual
[Washington, D.C.?] : Department of the Treasury, Internal Revenue Service
Jones Media CD-ROM KF6301 .A4

Where the not-so-wild things are : computers in the courtroom, the federal rules of evidence and the need for institutional reform and more judicial acceptance
Galves, Fred
[United States] : Engineering Animation, Inc., ©2000
Presents computer-generated exhibits (CGEs) as the new and powerful tools for justice and jurisprudence.
Jones Media CD-ROM KF8719 .G348 2000

HCFA's laws--Titles XI, XVIII, XIX; regulations--Titles 42, 45; manuals
produced by the Health Care Financing Administration
[Baltimore, Md.] : The Administration ; Washington, D.C. : Supt. of Docs., U.S. G.P.O., distributor
Includes HCFA program manuals, Code of federal regulations, Titles 11, 18, and 19 of the Social Security Act, and Program memoranda.
Jones Media CD-ROM KF3608.A4

Federal energy guidelines : FERC reports archive
Washington, DC : Federal Energy Regulatory Commission, ©1998-
Pt. 1. volumes 1-75 -- pt. 2. volume 76-.

An electronic compilation of printed FERC reports.
Jones Media CD-ROM KF2120 .A553x

Environmental statute review course
[Washington, D.C.?] : National Enforcement Training Institute, [1997]
Overview of seven major federal environmental statutes. Each statute is presented in a separate module. The entire course is approximately 8 hours. Accompanied by a course description and EPA National Enforcement Training Institute registration form for use in obtaining CEU credit.
Baker Berry US Gov Docs KF 3775 .Z9 E46 1997

Bush v. Gore
Goldman, Jerry
Urbana ; University of Illinois Press, ©2002
Contains a collection of documents related to the Bush v. Gore election court cases presented to the U.S. Supreme Court in the Fall of 2000. Includes photos, text, and audio of the oral arguments.
Jones Media CD-ROM KF5074.2 .G654 2002

Proceedings : United Nations/International Institute of Air and Space Law Workshop on Capacity Building in Space Law, 18-21, November 2002
[New York, N.Y.] : United Nations, [2003]
The workshop discusses the importance of the United Nations treaties and principles on outer space and various aspects of national space laws.
Jones Media CD-ROM KZD1145 .P76 2003

35-year law of the sea bibliography, 1967-2002
[New York, N.Y.] : United Nations Division for Ocean Affairs and the Law of the Sea, ©2004
"Searchable CD-ROM containing bibliographic citations dealing with all aspects of the law of the sea from 1967 through 2002 ... contains bibliographic citations from more than 5,600 authors writing in some 545 journals as well as books and compendia"--Opening screen.
Jones Media CD-ROM KZA1002 .A135 2004

Compilation of the official records of the Third United Nations Conference on the Law of the Sea (volumes 1-17) and including all negotiating texts, the Convention and related resolutions
[New York, N.Y.] : [United Nations Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs], [©2004]
Jones Media CD-ROM KZA1047 .U55 2004

IRS tax products
[Washington, D.C.] : Department of the Treasury, Internal Revenue Service, 2004-
Contains current tax forms, instructions, publications, and other tax related products as of time of release; also contains prior year tax products.
Baker Berry US Gov Docs KF6335.A65 U55b

Justice et pouvoir : 1791-1999
[Paris] : Ministère de la justice avec le soutien de la Mission de recherche Droit et justice, ©1999
A searchable exhibition catalog, including text, ill., and maps.
Jones Media CD-ROM KJV3730 .J88 1999

Principles of forensic DNA for officers of the court
President's DNA Initiative
Washington, D.C. : U.S. Department of Justice, National Institute of Justice, Office of Justice Programs, 2006
"An interactive resource tool to educate and assist prosecutors, defense attorneys, and judges in forensic DNA cases. Course consists of three fifteen modules and covers: biology of DNA, including statistics and population genetics; DNA laboratories, quality assurance in testing, and understanding a laboratory report; forensic databases; victim issues; presentation of DNA evidence at trial; post-conviction DNA cases."--Inside cover CD-ROM.
Baker Berry US Gov Docs KF9666.5.Z9 U5 2006

Investigación histórica sobre detenidos desaparecidos : en cumplimiento del Artículo 4o de la Ley no. 15.848
[Montevideo, Uruguay] : Presidencia República Oriental del Uruguay : [2007]
Jones Media CD-ROM KHU457 .I58 2007b

ICTR basic documents and case law : 1995-2006
International Criminal Tribunal for Rwanda
Arusha, Tanzanie : United Nations Publications, ©2007

[Congressional record index online via GPO access]
Washington, D.C. : U.S. G.P.O., 1992-
Congressional record index for 1992, 1993 and 1994. Biweekly as often as published.
Baker Berry US Gov Docs KF35 .U5

Packing the court : [the rise of judicial power and the coming crisis of the Supreme Court]
Burns, James MacGregor
[Place of publication not identified] : Tantor Audio, ℗2009
From renowned political theorist and Pulitzer Prize winner James MacGregor Burns comes an illuminating critique of how an unstable, unaccountable, and frequently partisan Supreme Court has come to wield more power than the Founding Fathers ever intended.
Jones Media Compact Disc KF8742 .B79 2009b

Aktualʹnye problemy ėkonomiki i prava : APEL
Kazanʹ : Kazanskiĭ innovat͡sionnyĭ universitet im. V.G. Timiri͡asova (IĖUP), [2006]-

Hōtei de sabakareru Okinawasen : hajimete tou Nihongun no kokka baishō sekinin. Higai hen
Zukeyama Shigeru hencho
Tōkyō-to Chiyoda-ku : Kōbunken, 2016
Baker Berry Japan KNX2840 .H679 2016

Hōtei de sabakareru Okinawasen : hajimete tou Nihongun no kokka baishō sekinin. Sojō hen
Zukeyama Shigeru hencho
Tōkyō : Kōbunken, 2016
Baker Berry Japan KNX2840 .H68 2016

I͡Uridicheskai͡a nauka i pravookhranitelʹnai͡a praktika
[Ti͡umenʹ, Russia] : Ti͡umenskiĭ institut povyshenii͡a kvalifikat͡sii sotrudnikov Ministerstva vnutrennikh del Rossiĭskoĭ Federat͡sii, [2006]-

The EU's common security and defence policy : learning communities in international organizations
Faleg, Giovanni, author
[Cham] : Palgrave Macmillanm Springer International Publishing AG Switzerland, 2017
Introduction : ideas that changed the EU's Common Security and Defence Policy -- The framework of analysis : learning communities in international organisations -- A comprehensive approach to EU security -- The EU security architecture and networked governance -- The EU's engagement in security sector reform and civilian crisis management -- Learning communities in EU security sector reform -- Learning communities in EU civilian crisis management -- The EU's Common Security and Defence Policy : learning by doing -- Conclusion : lessons learned and future challenges.
Baker Berry KJE5105 .F35 2017

The legitimacy of international criminal tribunals
editors, Nobuo Hayashi and Cecilia M. Bailliet ; assistant editor, Joanna Nicholson
Cambridge : Cambridge University Press, 2017
The legitimacy of international criminal tribunals / Larry May and Shannon Fyfe -- Conceptualising and measuring the legitimacy of international criminal tribunals / Silje AA. Langvatn and Theresa Squatrito -- Between international criminal justice and injustice : theorising legitimacy / Sergey Vasiliev -- Legitimacy, legality, and the possibility of a pluralist international criminal law / Asad Kiyani -- The legitimacy and effectiveness of international criminal tribunals : a criminal policy perspective / Athanasios Chouliaras -- Legitimacy and ICC jurisdiction following security council referrals : conduct on the territory of non-party states and the legality principle / Rogier Bartels -- Is the Yugoslav Tribunal guilty of hyper-humanising international humanitarian law? / Nobuo Hayashi -- 'One of the challenges that can plausibly be raised against them'? on the role of truth in debates about the legitimacy of international criminal tribunals / Jakob V.H. Holtermann -- Hidden legitimacy : crafting judicial narratives in the shadow of secrecy at a War Crimes Tribunal : a speculation / Timothy William Waters -- Positive complementarity and legitimacy : is the international criminal court shifting from judicial restraint towards intervention? / Ignaz Stegmiller -- African supranational criminal jurisdiction : one step towards ending impunity or two steps backwards for international criminal justice? / Dorothy Makaza -- Legitimacy defects and legal flaws of the special tribunal for lebanon : dilemmas of the 'peace through justice' theorem / Martin Wahlisch -- Prosecutors' opening statements : the rhetoric of law, politics and silent war / Damien Rogers -- Effectiveness of international criminal tribunals : empirical assessment of rehabilitation as sentencing goal / Barbora Hola, Jessica Kelder, and Joris van Wijk -- Procedural justice, legitimacy, and victim participation in Uganda / Stephen Smith Cody -- Things fall apart : battles of legitimation and the politics of noncompliance and African sovereignty from the Rwanda Tribunal to the ICC / Victor Peskin -- Financing lady justice : how the funding systems of Ad Hoc Tribunals could lend themselves to the possibility of judicial bias / Mistale Taylor -- Claiming authority in the name of the other : human rights NGOs and the ICC / Kjersti lohne.

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
Baker Berry KZ7230 .L44 2017

Culture and human rights : the Wroclaw commentaries
edited by Andreas Joh. Wiesand, Kalliopi Chainoglou, Anna Śledzińska-Simon ; in collaboration with Yvonne Donders
Berlin ; De Gruyter, [2016]
The City of Wroclaw, in cooperation with the National Cultural Centre (Warsaw), has asked Andreas Joh. Wiesand to prepare, together with experts from many different countries, a basic handbook which cover all relevant legal questions as well as main political consequences related to human rights and culture. The publication is to be presented in the context of the programme for Wroclaw, European Capital of Culture 2016 --
Baker Berry K3240 .C845 2016

The long reach of the Sixties : LBJ, Nixon, and the making of the contemporary Supreme Court
Kalman, Laura, 1955- author
New York, NY : Oxford University Press, [2017]
A new President seeks power, 1963-65 -- Musical chairs, 1965-66 -- Bogeyman, 1966-1968 -- "A man's reach should [not?] exceed his grasp" : summer and fall, 1968 -- The last days of the Warren Court, 1969 -- "Southern discomfort," 1969-70 -- The lost ball game, or How not to choose two justices, 1971.

"The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history."--
Baker Berry KF8742 .K35 2017

Corporations and American democracy
edited by Naomi R. Lamoreaux, William J. Novak
Cambridge, Massachusetts : Harvard University Press, 2017
Corporation and American democracy : an introduction / by Naomi R. Lamoreaux and William J. Novak -- I. Corporate origins. Early American corporations and the state / by Eric Hilt -- Corporations and organizations in the United States after 1840 / by Jessica L. Hennessey and John Joseph Wallis -- II. The turn to regulation. The dissociation of incorporation and regulation in the progressive era and the New Deal / by Daniel A. Crane -- The public utility idea and the origins of modern business regulation / by William J. Novak -- Corporate taxation and the regulation of early twentieth-century American business / by Steve A. Bank and Ajay K. Mehrotra -- III. The changing corporate form. From fiscal triangle to passing through : rise of the nonprofit corporation / by Jonathan Levy -- The Supreme Court's view of corporate rights : two centuries of evolution and controversy / by Margaret M. Blair and Elizabeth Pollman -- Corporations and the Fourteenth Amendment / by Ruth H. Bloch and Naomi R. Lamoreaux -- IV. Modern corporate challenges. Two cheers for vertical integration : corporate governance in a world of global supply chains / by Nelson Lichtenstein -- Citizens United, personhood, and the corporation in politics / by Adam Winkler.

"The Supreme Court's decision in Citizens United v. Federal Election Commission has provoked passionate debate about the proper role of corporations in American democracy, among academics and also among the wider community of concerned citizens. As the essays in this volume demonstrate, there is absolutely no justification for basing present-day decisions on originalist interpretations of the Constitution. Not only did the framers themselves hold conflicting views of corporations but the relationship between corporations and American democracy has shifted and evolved over the course of American history. The changes that underpin recent debates over Citizens United and the role of corporations in American society are of relatively recent origin. This volume makes it possible to understand them in the context of the complex ways in which America's multi-layered, federated polity wrestled with the problem of corporate power and possibility in the past"--
Baker Berry KF1384 .C67 2017

Migrant, refugee, smuggler, savior
Tinti, Peter, author
New York, NY : Oxford University Press, [2017]
Smugglers needed. Options in exile ; Seeking asylum : rights and privileges ; Smuggler or savior -- Smugglers Inc. A transnational crime ; The business model of human smuggling -- Structure and design. In on the ground floor ; The logisticians ; Moving money ; Forging a new identity -- Routes. Central Mediterranean route ; Aegean route through Turkey -- Libya : out of Africa. Criminal economies in Libya and the greater Sahara ; Syrian dollars on Libyan shores ; Mare Nostrum changes the game ; Extortion and abuse -- Egypt : the north coast. The long trip to Italy ; Cooperation and complicity -- Desert highway : Agadez and the Sahel. Understanding the Sahel ; Niger, Agadez, and the West ; New masters ; Everybody is eating -- Turkey : the crossroads. Izmir ; The mob : criminal markets consolidation ; The $6 billion question -- Schengen and beyond. Cracks in the fortress ; Greek tragedy ; Balkan odyssey ; Dead ends of Europe -- The world we live in ; Postcards from the front ; Wider ramifications ; Closing an industry : supply and demand ; Messaging to the market ; Diplomatic solutions ; Vested interests ; On the demand side.

When states, charities, and NGOs either ignore or are overwhelmed by movement of people on a vast scale, criminal networks step into the breach. This book explains what happens next.
Baker Berry K5299 .T56 2017

Adcreep : the case against modern marketing
Bartholomew, Mark, 1971- author
Stanford, California : Stanford Law Books, an imprint of Stanford University Press, [2017]
Advertising on trial -- Colonizing new advertising spaces -- The new market research -- From market share to mindshare -- Sellebrity -- Stopping adcreep.

Adcreep pulls back the curtain on the curious and sometimes troubling world of modern advertising. An array of techniques that might seem like the stuff of science fiction--biometric scans, automated online spies, facial recognition software--are now routinely deployed to study and stimulate consumer desire. Sometimes today's advertisers can hide in plain sight, converting historically ad-free spaces into commercial canvases by infiltrating schools and national parklands. At other times, they rely on social media to mask their role, mobilizing everyone from celerities to your friends and relatives to clandestinely convey their messages for them. Through it all, the legislators and judges charged with protecting consumers stand idly by, increasingly numb to the onslaught of commercial come-ons. The end result is that corporate America not only knows you better than ever before, but can reach you at almost any moment, often without your awareness, dramatically tilting the historical balance of power between advertiser and audience. Mark Bartholomew reveals the consequences of life in a world of nonstop selling, drawing from psychological experiments, marketing texts, communications theory, and the history of advertising. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives. -- Inside jacket flap.
Baker Berry KF1614 .B37 2017

Privacy : what everyone needs to know
Francis, Leslie, 1946- author
New York, NY : Oxford University Press, [2017]
Conceptualizing Privacy -- Protecting Personal Information: Basic Issues -- Privacy and Health Information -- Privacy and Educational Information -- Financial Information, Credit Information, and Information for Employers -- Law Enforcement Information: Police, Victims, and Suspects -- Privacy within and beyond Families and Groups -- Privacy on the Internet and in Social Media: The Worldwide and Interactive Internet -- Privacy and Security -- Privacy and Democracy.

We live more and more of our lives online; we rely on the internet as we work, correspond with friends and loved ones, and go through a multitude of mundane activities like paying bills, streaming videos, reading the news, and listening to music. Without thinking twice, we operate with the understanding that the data that traces these activities will not be abused now or in the future. There is an abstract idea of privacy that we invoke, and, concrete rules about our privacy that we can point to if we are pressed. Nonetheless, too often we are uneasily reminded that our privacy is not invulnerable-the data tracks we leave through our health information, the internet and social media, financial and credit information, personal relationships, and public lives make us continuously prey to identity theft, hacking, and even government surveillance. A great deal is at stake for individuals, groups, and societies if privacy is misunderstood, misdirected, or misused. Popular understanding of privacy doesn't match the heat the concept generates. With a host of cultural differences as to how privacy is understood globally and in different religions, and with ceaseless technological advancements, it is an increasingly complex topic. In this clear and accessible book, Leslie and John G. Francis guide us to an understanding of what privacy can mean and why it is so important. Drawing upon their extensive joint expertise in law, philosophy, political science, regulatory policy, and bioethics, they parse the consequences of the forfeiture, however great or small, of one's privacy.
Baker Berry KF1262 .F73 2017

International law and new wars
Chinkin, C. M., author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Sovereignty and the authority to use force -- The relevance of international law -- Self-defence as a justification for war : the geo-political and War on Terror models -- The humanitarian model for recourse to force -- How force is used -- Weapons -- 'Post-conflict' and governance -- The liberal peace : peacemaking, peacekeeping, and peacebuilding -- Justice and accountability -- Second generation human security -- What does human security require of international law?

This book examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
Baker Berry KZ6385 .C447 2017

Stand your ground : a history of America's love affair with lethal self-defense
Light, Caroline E., author
Boston : Beacon Press, [2017]
"That great law of nature" : the origins of a selective self-defense culture -- Defensive violence and the "true man" : the end of Reconstruction and the duty to retreat -- "A mighty power in the hands of the citizen" : justice and true manhood in the western borderlands -- "Queer justice" and the sexual politics of lynching -- "An American tradition" : the black paramilitary response to white supremacist terror and unequal protection -- "The stuff of pulp fiction" : unreasonable women, vigilante heroes, and the rise of the armed citizen -- Avoiding a "fate worse than death" : how we learned to stand our ground.

Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement -- and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for "good guys with guns" relies on the entrenched belief that certain "bad guys with guns" threaten us all. This book explores the development of the American right to self-defense and reveals how the original "duty to retreat" from threat was transformed into a selective right to kill. Light traces white America's attachment to racialized, lethal self-defense by unearthing its complex legal and social histories -- from the original "castle laws" of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of "criminal" Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country's most powerful lobbying forces.
Baker Berry KF9246 .L54 2017

Pillars of justice : lawyers and the liberal tradition
Fiss, Owen M., author
Cambridge, Massachusetts ; Harvard University Press, 2017
Thurgood Marshall : the law's promise -- William Brennan : a life lived twice -- John Doar : to stand for what is right -- Burke Marshall : a reluctant hero -- Harry Kalven : a tenth justice -- Eugene Rostow : the law according to Yale -- Arthur Leff : making coffee and other duties of citizenship -- Catharine MacKinnon : feminism in the classroom -- Joseph Goldstein : the scholar as sovereign -- Carlos Nino : the death of a public intellectual -- Robert Cover : cases and materials -- Morton Horwitz : timeless truths -- Aharon Barak : law is everywhere -- Coda : toiling in Eden.

Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century. Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad--Aharon Barak, for example--were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law--a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law. For Owen Fiss, one of the country's leading constitutional theorists, the people described were mentors, colleagues, and friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served--
Baker Berry KF371 .F57 2017

International law
Shaw, Malcolm N. 1947- author
Cambridge, United Kingdom ; Cambridge University Press, 2017
The nature and development of international law -- International law today -- Sources -- International law and municipal law -- The Subjects of international law -- The International protection of human rights -- Individual criminal responsibility in international law -- Recognition -- Territory -- The Law of the sea -- Jurisdiction -- Immunities from jurisdiction -- State responsibility -- International environmental law -- The law of treaties -- State succession -- The settlement of disputes by peaceful means -- The international court of justice -- International Law and the use of force by states -- International humanitarian law -- The United Nations -- International organisations.

"International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law"--
Baker Berry KZ3275 .S53 2017

Privacy and power : a transatlantic dialogue in the shadow of the NSA-Affair
edited by Russell A. Miller, Washington and Lee University, Virginia
Cambridge, United Kingdom ; Cambridge University Press, 2017
Introduction : privacy and power : a transatlantic dialogue in the shadow of the NSA-Affair / Russell A. MIller -- Foucault's panopticon : a model for NSA surveillance? / Sarah Horowitz -- A rose by any other name? the comparative law of the NSA-Affair / Russell Miller -- Privacy as a public good / Joshua Fairfield and Christoph Engel -- The right to data protection : a no right thesis / Ralf Poscher -- Privacy, rechtsstaatlichkeit, and the legal limits on extraterritorial surveillance / Anne Peters -- Privacy, hypocrisy, and a defense of surveillance / Benjamin Wittes -- Sensing disturbances in the force : unofficial reflections on developments and challenges in the U.S.-Germany security relationship / Ronald Lee -- Metadeath : how does metadata surveillance inform lethal consequences? / Margaret Hu -- "We're in this together" : reframing E.U. responses to criminal unauthorized disclosures of U.S. intelligence activities / Andrew Borene -- Fourth Amendment Rights for Nonresident Aliens / Alec Walen -- Forget about it? harmonizing European and American protections for privacy, free speech, and due process / Dawn Carla Nunziato -- The challenge of limiting intelligence agencies' mass surveillance regimes : why western democracies cannot give-up on communication privacy / Konstantin von Notz -- German exceptionalism? The debate about the German foreign intelligence service (BND) / Stefan Heumann -- The National Socialist Underground (NSU) case : structural reform of intelligence agencies' involvement in criminal investigations? / Marc Engelhart -- Legal restraints on the extraterritorial activities of Germany's intelligence services / Klaus Gärditz -- Assessing the CJEU's "google decision" : a tentative first approach / Johannes Masing -- Towards multilateral standards for foreign surveillance reform / Ian Brown, Morton H. Halperin, Ben Hayes, Ben Scott & Mathias Vermeulen -- Espionage, security interests, and human rights in the second machine age : NSA mass surveillance and the framework of public international law / Silja Voeneky -- The need for an institutionalized and transparent set of domestic legal rules governing transnational intelligence-sharing in democratic societies / Susana Sanchez Ferro -- Developments in European data-protection law in the shadow of the NSA-Affair / Jens-Peter Scheider -- Why blanket surveillance is no security blanket : data retention in the UK after the European data-retention directive / Lucia Zedner -- Do androids forget European sheep? : the CJEU's concept of a "right to be forgotten" and the German perspective / Bernd Holznagel & Sarah Hartmann -- Adequate transatlantic data exchange in the shadow of the NSA-Affair / Els De Busser -- The intimacy of Stasi surveillance, the NSA-Affair, and contemporary German cinema / Laura Heins -- Hans Fallada, the Nazis, and the defense of privacy / Roger Crockett -- "It runs its secret course in public" : Watching the Mass Ornament with Dr. Mabuse / Summer Renault-Steele -- Secrecy, surveillance, spy fiction : myth-making and the misunderstanding of trust in the transatlantic intelligence relationship / Eva Jobs -- CITIZENME : what Laura Poitras got wrong about the NSA-Affair / Russell Miller & Stephen Chovanec.
Baker Berry K3278 .P75 2017

Immigration law and society
Park, John S. W., author
Cambridge, UK ; Polity Press, 2018
The two revolutions -- The kinetic nation -- The Immigration Act of 1965 -- The multiracial state -- Common wealth -- The privileged classes -- Out of status -- Local, state, and federal -- The great divide -- The future of American migrations -- Epilogue.
Baker Berry KF4819 .P36 2018

Global governance, conflict and China
Vanhullebusch, Matthias, author
Leiden ; Brill Nijhoff, [2018]
China, global governance, and international law : towards a relational normativity -- China and collective security -- China and peacekeeping -- China and arms control -- China and the War on Terror -- China and post-conflict justice.

Global Governance, Conflict and China' sheds a unique perspective on China?s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context? space and time alike? that informs China?s principle-driven conduct on the international plane. Through China?s relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China?s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.0.
Baker Berry KZ3410 .V36 2018

Liberal suppression : Section 501(c)(3) and the taxation of speech
Hamburger, Philip, 1957- author
Chicago : The University of Chicago Press, 2018
"In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)'s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal "democratic" political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation's future." -- Publisher's website.
Baker Berry KF4772 .H35 2018

Human rights in global health : rights-based governance for a globalizing world
edited by Benjamin Mason Meier and Lawrence O. Gostin
New York, NY : Oxford University Press, 2018
The origins of human rights in global health / Lawrence O. Gostin and Benjamin Mason Meier -- The evolution of applying human rights frameworks to health / Alicia Ely Yamin and Andrés Constantin -- Framing human rights in global health governance / Benjamin Mason Meier and Lawrence O. Gostin -- The future of global governance for health : putting rights at the center of sustainable development / Michel Sidibé, Helena Nygren-Krug, Bronwyn McBride, and Kent Buse -- Development of human rights through WHO / Benjamin Mason Meier and Florian Kastler -- Mainstreaming human rights across WHO / Rebekah Thomas and Veronica Magar -- The future of human rights in WHO / Flavia Bustreo, Veronica Magar, Rajat Khosla, Marcus Stahlhofer, and Rebekah Thomas -- The United Nations Children's Fund : implementing human rights for child health / Benjamin Mason Meier, Mitra Motlagh, and Kumanan Rasanathan -- The international labor organization : human rights to health and safety at work / Lee Swepston -- The United Nations educational, scientific, and cultural organization : advancing global health through human rights in education and science / Audrey Chapman and Konstantinos Tararas -- The United Nations population fund : an evolving human rights mission and approach to sexual and reproductive health / Emilie Filmer-Wilson and Luis Mora -- The food and agriculture organization of the United Nations : advancing the right to food to promote public health / Olivier de Schutter and Carolin Anthes -- The joint United Nations programme on HIV/AIDS : with communities for human rights / Helena Nygren-Krug -- The future of intergovernmental partnerships for health and human rights / Sarah Hawkes, Julia Kreienkamp, and Kent Buse -- Integrating a human rights-based approach and the right to development into global governance for health / Stephen P. Marks -- The world bank : contested institutional progress in rights-based health discourse / Yusra Ribhi Shawar and Jennifer Prah Ruger -- The world trade organization : carving out the right to health for access to medicines and -- tobacco control in the trade arena / Suerie Moon and Thirukumaran Balasubramaniam -- National foreign assistance programs : advancing health-related human rights through shared obligations for global health / Rachel Hammonds and Gorik Ooms -- The global fund to fight AIDS, TB, and Malaria : funding basic services and meeting the challenge of rights-based programs / Ralf Jürgens, Joanne Csete, Hyeyoung Lim, Susan Timberlake, and Matthew Smith -- The future of multilateral funding to realize the right to health / Gorik Ooms and Rachel Hammonds -- The office of the UN high commissioner for human rights : mapping the evolution of the right to health / Gillian MacNaughton and Mariah McGill -- The United National special procedures : peopling human rights, peopling global health / Thérèse Murphy and Amrei Mueller -- Human rights treaty bodies : monitoring, interpreting, and adjudicating health-related human rights / Benjamin Mason Meier and Virginia Brás Gomes -- The future of human rights accountability for global health under the universal periodic review / Judith R. Bueno de Mesquita and Dabney P. Evans -- Comparative analysis on human rights in global governance for health / Benjamin Mason Meier and Lawrence O. Gostin.
Baker Berry K3260.3 .H89 2018

Beyond abortion : Roe v. Wade and the battle for privacy
Ziegler, Mary, 1982- author
Cambridge, Massachusetts : Harvard University Press, 2018
A history of privacy politics -- Sexual liberty -- Mental illness and the right to refuse treatment -- Deregulation and the future of medicine -- Death, discrimination, and equality -- Conscientious objection, Roe, and the role of the judiciary.

More than four decades into the culture wars, Roe v. Wade has become shorthand for the American abortion debate. Rights to Privacy: The Forgotten Legacy of Roe v. Wade illuminates an entirely different and unexpected legacy of America's most controversial Supreme Court decision. Drawing on archives and extensive interviews with key participants, Rights to Privacy opens a window onto an intense debate about the right to privacy that continues to this day. In the 1970s and beyond, activists set out bold ideas about government responsibility, sexual consent, consumer rights, digital data, individual identity, and end-of-life care. These unanticipated visions of a right to choose gradually (but never completely) gave way to a more limited freedom from government. Ziegler captures the rise of contemporary ideas about privacy, all the while explaining the continuing hold that this right--and Roe--have on the public imagination.--
Baker Berry KF1262 .Z54 2018

A critique of proportionality and balancing
Urbina Molfino, Francisco Javier, author
Cambridge ; Cambridge University Press, 2017
1. Introduction -- Part I -- 2. The maximisation account of proportionality -- 3. The incommensurability objection -- 4. Why proportionality? -- 5. Proportionality, rights, and legitimate interests -- Part II -- 6. Proportionality as unconstrained moral reasoning -- 7. The need for legal direction in adjudication -- 8. Proportionality and the problems of legally unaided adjudication -- Part III -- 9. Legal human rights.

"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits"--
Baker Berry K247 .U73 2017

The police in a free society : safeguarding rights while enforcing the law
Douglas, Todd, author
Santa Barbara, California : Praeger, an imprint of ABC-CLIO, LLC, [2017]
The paradox of policing a free society -- The evolution of the modern police force -- From neighborhood patrolman to law-enforcement officer -- The consequences of eroding respect -- The police and racial conflict in America -- The police as the face of the law -- Training the police for service instead of enforcement -- Police legitimacy and public relations -- Handling officers who abuse the public trust -- The police force the public deserves.

"An unprecedented look at the evolution of American police from filling their intended role as peacekeepers and guardians of citizen rights to calling themselves--and acting primarily as--"law enforcement officers." As accusations of police misconduct and racial bias increasingly dominate the media, The Police in a Free Society: Safeguarding Rights While Enforcing the Law takes an unflinching look at the police, the communities they serve, and the politicians who direct them. Author Todd Douglas, a veteran state police commander, exposes the occurrences of police misconduct and incompetence as well as incidences of charlatans who intentionally inflame racial tensions with the police for their own political or financial gain. Readers will better understand what police officers must deal with on a daily basis, grasp the role of lawmakers in keeping faith with the public, and appreciate the tremendous challenges that police leaders face in attempting to reverse recent trends and shore up public confidence in police officers. This is a rare glimpse into the often-ugly reality of what happens on America's streets, with insights gained from the perspective of the cop and suspect alike."--Publisher's website.
Baker Berry KF5399 .D68 2017

International indigenous rights in Aotearoa New Zealand
edited by Andrew Erueti
Wellington [New Zealand] : Victoria University Press, 2017
A mixed-model interpretative approach to the declaration / Andrew Erueti -- The treaty and human rights in New Zealand law: can we add the declaration and stir? / Kirsty Gover -- The status and effect in New Zealand law of the UN declaration on the rights of indigenous peoples / Matthew S R Palmer and Matthew S Smith -- The declaration and the implementation of the rights of the indigenous child in Aotearoa / Claire Breen -- The "false generosity" of treaty settlements: innovation and contortion / Linda Te Aho -- International indigenous rights and mining in Aotearoa New Zealand / Sarah Down and Andrew Erueti -- Use it or lose it: the value of using the declaration on the rights of indigenous people in Maori legal and political claims / Claire Charters -- The UN special procedures and indigenous peoples' rights / Fleur Te Aho -- The world conference on indigenous peoples 2014 / Tracey Whare -- The declaration in the universal periodic review: current status and future prospects / Natalie Baird.

"Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Maori rights. International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Maori children. Crucially, it also asks how Maori can hold New Zealand to account against international indigenous rights"--Back cover.
Baker Berry K3247 .I67 2017

Principles of international environmental law
Sands, Philippe, 1960- author
Cambridge, United Kingdom ; Cambridge University Press, 2018
The legal and institutional framework -- The environment and international society: issues, concepts and definitions -- History -- Governance: states, international organisations and non-state actors -- International law-making and regulation -- Compliance: implementation, enforcement, dispute settlement -- Principles and rules establishing standards -- General principles and rules -- Atmospheric protection -- Climate change -- Freshwater resources -- Biological diversity -- Oceans, seas and marine living resources -- Hazardous substances and activities, and waste -- The polar regions: antarctica and the arctic -- Environmental impact assessment -- Environmental information and technology transfer -- Liability for environmental damage -- Human rights and international humanitarian law -- International economic law: trade, investment and intellectual property -- Future developments.

This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law. --
Baker Berry K3585 .S265 2018

Genocide, mass atrocity, and war crimes in modern history : blood and conscience
Taulbee, James Larry, 1942- author
Santa Barbara, California : Praeger, [2017]
Volume 1. Genocide and Mass Atrocity -- volume 2. War Crimes.

"Defining 'genocide' as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity ―clearly identifying the factors that produced the attitudes and behaviors that led to them―discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. The set presents a comparative perspective and detailed historical background for each case that emphasizes how many different factors may lead to atrocity/genocide; discusses the difficulty of organizing international efforts to intervene to prevent atrocities or to respond at the moment they are occurring; explains why international prosecutions for genocide are difficult even though the goal of the law is to hold responsible those in charge as well as the planners and instigators; identifies how cultural factors affect individual attitudes toward what is accepted as legitimate behavior in combat; focuses on the 'law in action' with illustrations from specific cases"--Adapted from Amazon.com.
Baker Berry KZ7145 .T375 2017

Social media and the law : a guidebook for communication students and professionals
edited by Daxton R. Stewart
New York, NY ; Routledge, 2017
New boundaries of free speech in social media / Jennifer Jacobs Henderson -- Defamation / Derigan Silver -- Privacy and terms of use / Woodrow Hartzog -- Intellectual property / Kathleen K. Olson -- Commercial speech in a social space / Courtney Barclay -- Account ownership and control / Jasmine McNealy -- Government information and leaks / David Cuillier -- Student speech / Dan V. Kozlowski -- Obscenity, revenge pornography, and cyberbullying / Amy Kristin Sanders -- Social media use in courtrooms / Cathy Packer -- Social media policies for journalists / Daxton R. Stewart -- Social media policies for advertising and public relations / Holly Kathleen Hall -- The future of discourse in online spaces / Jared Schroeder.

Social media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen--and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren't widely understood. Including two new chapters that examine First Amendment issues and ownership of social media accounts and content, Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation--and this guidebook is here to help them navigate the tricky legal terrain of social media.
Baker Berry KF390.5.C6 S639 2017

International criminal law in context
edited by Philipp Kastner
Abingdon, Oxon ; Routledge, 2018
Preface -- List of abbreviations -- List of contributors. Introduction: international criminal law in context / Philipp Kastner. Part 1 Contextualising international criminal law : The conscience of civilisation, and its discontents: a counter history of international criminal law / Gerry Simpson -- The subjects of international criminal law / Frédéric Mégret -- The idea of transitional justice: international criminal justice and beyond / Wendy Lambourne. Part 2 International crimes : Genocide: to prevent and punish "radical evil" / Eyal Mayroz -- Crimes against humanity: the concept of humanity in international law / Raphaëlle Nollez-Goldbach -- War crimes: increasing compliance with international humanitarian law through international criminal law? / Dale Stephens and Thomas Wooden -- Sexual and gender-based crimes / Rosemary Grey -- The crime of aggression: shifting authority for international peace? / Sean Richmond -- Rethinking liberal legality through the African Court of Justice and Human Rights: re-situating economic crimes and other enablers of violence / Kamari Maxine Clark. Part 3 The implementation of international criminal law : The ad hoc tribunals: image, origins, pathways, legacies / Timothy William Waters -- Hybrid tribunals: institutional experiments and the potential for creativity within international criminal law / Philipp Kastner -- The International Criminal Court: between law and politics / Christian M. De Vos -- Complementary revisited: national prosecutions of international crimes and the gaps in international law / Fannie Lafontaine and Sophie Gagné -- The influence of international human rights law on international criminal procedure / Yvonne McDermott -- "And where the offence is, let the great axe fall": sentencing under international criminal law / Mark A. Drumbl -- The role of victims: emerging rights to participation and reparation in international criminal courts / Stephen Smith Cody and Eric Stover. Index.

Provides a critical and contextual introduction to the fundamentals of international criminal law. it goes beyond a doctrinal analysis focused on the practice of itnernational tribunals to draw on a variety of perspectives, capturing the complex processes of internationalization that criminal law has experienced over the past few decades. The book considers international law in context and seeks to account for the political and cultural factors that have influenced - and that continue to influence - this still-emerging body of law. Considering the substance, procedures, objectives, justification and impacts of international criminal law, it address such topics as: the history of itnernational criminal law; the subjects of international criminal law; transitional justice and international criminal justice; genocide, crimes against humanity, war crimes and the crime of aggression; sexual and gender-based crimes; international and hybrid criminal tribunals; sentencing under international criminal law; and the role of victims in international criminal law.
Baker Berry KZ7000 .I586 2018

International human rights law
Smith, Rhona K. M., author
New York, NY : Oxford University Press, [2018]
Introduction -- Historical background -- The United Nations -- The International Bill of Human Rights -- The United Nations : organizational structure -- Regional protection of human rights -- Europe -- The Americas -- Africa -- Monitoring, implementing, and enforcing human rights -- Substantive rights : general comments -- Equality and non-discrimination -- The right to life -- Freedom from torture; cruel, inhuman, and degrading treatment or punishment -- The right to liberty of person -- Equality before the law : the right to a fair trial -- The right to self-determination -- Freedom of expression -- The right to work -- the right to education and human rights education -- Indigenous peoples' and minority rights -- Rights for specific vulnerable persons -- Current issues.

"[This book examines] international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author...guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter."--
Baker Berry K3240 .S55 2018

Same-sex marriage and the Constitution
Gerstmann, Evan, author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Reason and prejudice : is a heterosexual monopoly on marriage rational? -- Looking for stricter scrutiny : sexism, heterosexism, and class-based equal protection -- The fundamental right to marry -- Same-sex marriage and the fundamental right to marry -- Should courts create new rights? -- Identifying fundamental rights -- Democracy, neutrality, and consistency of principle -- Principles and practicalities : the road to same-sex marriage.

"In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessable to anyone interested in same-sex equality, the Supreme Court or constitutional law generally"--
Baker Berry KF539 .G47 2017

Russia and the European Court of Human Rights : the Strasbourg Effect
edited by Lauri Mälksoo, University of Tartu ; Wolfgang Benedek, Karl-Franzens-Universität Graz, Austria
Cambridge, United Kingdom ; Cambridge University Press, 2018
Russia in the council of Europe : participation; la carte / Petra Roter (University of Ljubljana) -- The use of European human rights law in Russian courts / Anton Burkov (PhD, NGO Sutyajnik; Yekaterinburg) -- Ecthr and the Russian constitutional court : duet or duel? / Sergei Marochkin (University of Tyumen) -- The Russian constitutional court and the Strasbourg court : judicial pragmatism in a dual state / Alexei Trochev (Nazarbayev University, Kazakhstan) -- Philosophy behind human rights : Valery Zorkin vs the West? / Mikhail Antonov (higher school of economics, St Petersburg) -- Russia's cases in the Ecthr and the question of socialization / Bill Bowring (Birkbeck College, London) -- Russia's impact on the Strasbourg system : as seen by two former judges of the European Court of Human Rights / Elisabet Fura (former Swedish ombudsperson and former judge at the Echtr), / Rait Mmaruste (former judge at the Ecthr) -- Egregious human rights violations in Chechnya : the continuing pursuit of justice / Philip Leach (Middlesex University) -- Property rights in Russia : reconsidering the socialist legal tradition / Vladislav Starzhenetskiy (Higher School of Economics, Moscow) -- LGBT rights in Russia and European human rights standards / Dmitri Bartenev (St Petersburg State University) -- Nativist ideological responses to European/liberal human rights discourses in contemporary Russia / Benedikt Harzl (University of Graz) -- Russia and the European Court of Human Rights : some general conclusions / Wolfgang Benedek (University of Graz).
Baker Berry KLB2460 .R89 2018

Islamic feminisms : rights and interpretations across generations in Iran
Fazaeli, Roja, author
Milton Park, Abingdon, Oxon ; Routledge, 2017
Introduction : situating the self -- Iranian women's movement : narratives of dissent -- Contemporary feminism in Iran : definitions, marratives and identity -- Women's rights in Islam : an Iranian case study -- Human rights, Islam and the debate around CEDAW -- Conclusion : a personal account.

"This book explores the contentious topic of women's rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women's movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term 'Islamic feminism' by revisiting the arguments of various scholars and through analysis of interviews with Iranian women's rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws."--
Baker Berry KMH517.5 .F39 2017

Why punish? : an introduction to the philosophy of punishment
Canton, Robert, author
London : Palgrave, an imprint of Macmillan Publishers Limited, 2017
1. Introduction -- 2. The origins and meanings of punishment -- 3. The purposes and effects of punishment -- 4. Retribution -- 5. Deterrence -- 6. Rehabilitation and desistance -- 7. Incapacitation and risk -- 8. Restorative justice -- 9. The limits and perils of punishment -- 10. Rethinking punishment.

"This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve."
Baker Berry K5103 .C365 2017

The human right to water : theory, practice and prospects
edited by Malcolm Langford, University of Oslo, Anna F.S. Russell, University of Oxford
Cambridge, United Kingdom : Cambridge University Press, 2017
Introduction : the right to water in context / Malcolm Langford and Anna F.S. Russell -- Water allocation, customary practice and the right to water : rethinking the regulatory model / Barbara van Koppen -- Indigenous peoples and the sale of water rights : the case of Chile / Domingo A. Lovera Parmo -- Water for food : a human rights perspective / Inga T. Winkler -- Tapping transboundary waters : implications of the right to water for states sharing international watercourses / Anna F.S. Russell and Stephen McCaffrey -- Climate change and the right to water / Mac Darrow -- Determining progress on access to water and sanitation : the case of South Africa / Jackie Dugard, Malcolm Langford and Edward Anderson -- Quantifying the affordability standard : a comparative approach / Henri Smets -- Engendering the right to water and sanitation : integrating the experiences of women and girls / Anne Hellum -- The human right to sanitation / Malcolm Langford, Jamie Bartram and Virginia Roaf -- Development cooperation and extraterritorial obligations / Ashfaq Khalfan -- The Occupied Palestinian Territory: challenges to progressive realisation / Lara El Jazairi -- Privatisation and the right to water / Malcolm Langford -- Piped water in Jakarta : a political, economic or social good? / Nicola Colbran -- Privatisation and regulatory autonomy : the right to water in international economic law / Andrew Lang -- Bilateral investment treaties and investment arbitration / Luke Eric Peterson -- A poor choice? : public policy, social choice and the human right to water / Robert A. Hope -- Socio-cultural norms, human rights and access to water and sanitation / Nandita Singh - Reflections on the right to water from a political ecology perspective : tensions in Zimbabwe's water governance / Bill Derman and Emmanuel Manzungu - The right to water in rural India and drinking water policy reforms / Philippe Cullet..

"In a short space of time, the right to water has emerged from relative obscurity to claim a prominent place in human rights theory and practice. This book explores this rise descriptively and prescriptively. It analyses the recognition, use and partly impact, of the right to water in international and comparative law, civil society mobilisation and public policy. It also scrutinises the normative implications of the right to water with a focus on challenges and puzzles it creates for law and policymaking. These questions are explored globally and comparatively within different dynamics of the sector - water allocation, water access and urban and rural water reform - and in conjunction with the right to sanitation. This multi-disciplinary volume reveals the diverse ways in which the right to water has been adopted, but also its limitations when faced with the realities of political economy, political ecology and partly, traditional legal thought." -- Publisher's website.
Baker Berry K3260 .H85 2017

International law and world order : a critique of contemporary approaches
Chimni, B. S., 1952- author
New York : Cambridge University Press, 2017
" ... Articulates an Integrated Marxist Approach to International Law (IMAIL) combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights."--Page [i].
Baker Berry KZ3405.C45 C46 2017

International law
Klabbers, Jan, author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Part I. The Structure of International Law -- The setting of international law -- The making of international law -- The law of treaties -- The subjects of international law -- Jurisdiction, powers and immunities -- The individual in international law, including human rights -- The law of responsibility -- International courts and tribunals -- Sanctions, countermeasures and collective security -- Part II. The Substance of International Law -- Use of force -- The law of armed conflict -- International criminal law -- The seas, the air and outer space -- Protecting the environment -- The global economy -- Part III. The Surroundings of International Law -- Domestic courts and their relationship with international law -- The politics and ethics of international law and global governance.

"Written by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabber's landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic"--Provided by publisher.
Baker Berry KZ3410 .K57 2017

Deadly justice : a statistical portrait of the death penalty
Baumgartner, Frank R., 1958- author
New York, NY : Oxford University Press, [2018]
Furman, Gregg, and the creation of the modern death penalty -- The capital punishment process -- Homicide in America -- Comparing homicides with execution cases -- Capital-eligible crimes: Is the death penalty reserved for the worst of the worst? -- Which jurisdictions execute and which ones don't -- How often are death sentences overturned? -- How long does it take? -- How often are people exonerated from death row? -- Methods of execution -- How often are executions delayed or canceled? -- Mental health -- How deep is public support for the death penalty? -- Why does the death penalty cost so much? -- Does the death penalty deter? -- Is the death penalty dying? -- Does the modern death penalty meet the goals of Furman?

"In 1976, the U.S. Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst'. The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the U.S. death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented."--Provided by publisher.
Baker Berry KF9227.C2 B39 2018

Enemies known and unknown : targeted killings in America's transnational war
McDonald, Jack, Ph.D., author
New York : Oxford University Press, 2017
Introduction: the Balkan crucible -- 1. The cleanest war -- 2. The lens of law -- 3. In Washington's shadow -- 4. Lawful annihilation? -- 5. Unto others -- 6. Individuated warfare -- 7. Kllling through a monitor, darkly -- 8. The body as the battlefield -- 9. Gyges' knife -- Afterword.

"The US thinks of itself as upholding the rule of international law and spreading democracy, yet ... targeted killings have been widely decried as extra-judicial violations of human rights. This book examines these paradoxes, arguig that they are partially explained by the application of exist inglegal standards to transnational wars. Critics argue the the kind of war the US claims to be waging - transnational armed conflict - does not actuallly exist. McDonald analyzes the concepts of transnational war and the legal interpretations that underpin it ... . America's interpretations of sovereignty and international law shape and constitute war itself, with lethal consequences for the named and anonymous persons that it unilaterally defines as participants. McDonald's analysis helps us understand the social and legal construction of legitimate violence in warfare, and the relationship between legal opinions formed in US government departments and acts of violence half a world away."--Front book flap.
Baker Berry KZ6373.2 .M326 2017

The political economy of the investment treaty regime
Bonnitcha, Jonathan, 1981- author
New York, NY : Oxford University Press, 2017
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. 'The Political Economy of the Investment Treaty Regime' synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? 0Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Baker Berry K3830 .B66 2017

Self-determination in disputed colonial territories
Trinidad, Jamie, author
Cambridge, United Kingdom ; Cambridge University Press, 2018
1. Introduction -- 2. Territorial integrity and the limits of self-determination: paragraph 6 of the Colonial Declaration -- 3. Territorial integrity, irredentist claims, and the identification of self-determination units in state practice -- 4. Is there a 'colonial enclaves' exception to the self-determination rule? -- 5. Overall conclusions.

"Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization"--
Baker Berry KZ1269 .T75 2018

Storm center : the Supreme Court in American politics
O'Brien, David M., author
New York : W.W. Norton & Company, [2017]
A struggle for power -- The cult of the robe -- Life in the marble temple -- Deciding what to decide -- Deciding cases and writing opinions -- The court and American life -- Appendix. Members of the Supreme Court of the United States -- Glossary.

"[The author] shows how the Supreme Court is a 'storm center' of political controversy, where personality, politics, law, and justice come together to help determine the course of public policy and shape American society. The eleventh edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Scalia's seat and the landmark decision for marriage equality in Obergefell v. Hodges."--
Baker Berry KF8742 .O27 2017

Extending rights' reach : constitutions, private law, and judicial power
Mathews, Jud, author
New York, NY : Oxford University Press, 2018
Germany's postwar constitution -- Constitutional cascades in the Federal Republic -- The American Constitution : first and second foundings -- State action and constitutional containment -- Canada's Constitution and courts -- Horizontal effect and caboose constitutionalism -- Constitutional rights, private law, and judicial power.
Baker Berry K3240 .M3778 2018

International law and the use of force
Gray, Christine D., author
Oxford : Oxford University Press, 2018
Law and force -- The prohibition of the use of force -- Invitation and intervention -- Self-defence : the framework -- The use of force against terrorism : a new war for a new century? -- The UN and the use of force -- Security council authorization of member states to use force -- Regional peacekeeping and enforcement action.
Baker Berry KZ6374 .G73 2018

Privacy in public space : conceptual and regulatory challenges
edited by Tjerk Timan, Scientist Integrator Srategy and Poicy, TNO, the Netherlands; Bryce Clayton Newell, School of Information Science, University of Kentucky, USA; Bert-Jaap Koops, Tilburg Institute for Law, Technology and Society (TILT), TIlburg University, the Netherlands
Cheltenham, UK : Edward Elgar Publishing, [2017]
Introduction : Conceptual directions for privacy in public space / Tjerk Timan, Bryce Clayton Newell, and Bert-Jaap Koops -- Conceptualising space and place : lessons from geography for the debate on privacy in public / Bert-Jaap Koops and Maésa Galiéc -- Hidden in plain sight / Michael Nagenborg -- Privacy in public and the contextual conditions of agency / Maria Brincker -- A politico-economic perspective on privacy in public spaces / Karsten Mause -- Visually distant and virtually close : public and private spaces in the Archives de la Planáete (1909-1931) and Life in a Day (2011) / Julia M. Hildebrand -- Exposure and concealment in digitized public spaces / Steven B. Zhao -- Covering up : American and European legal approaches to public facial anonymity after S.A.S. v France / Angela Daly -- Privacy impact notices to address the privacy pollution of mass surveillance / A. Michael Froomkin -- Privacy in public spaces : the problem of out-of-body DNA / Albert E. Scherr -- The internet of other people's things / Meg Leta Jones -- The need for privacy in public space / Tjerk Timan

"With ongoing technological innovations such as mobile cameras, WiFi tracking, drones, and augmented reality, aspects of citizens' lives are becoming increasingly vulnerable to intrusion. This book brings together authors from a variety of disciplines (philosophy, law, political science, economics, and media studies) to examine privacy in public space from both legal and regulatory perspectives. The contributors explore the contemporary challenges to achieving privacy and anonymity in physical public space at a time when legal protection remains limited in comparison to 'private' space. To address this problem, the book...demonstrates why privacy in public space needs defending. Different ways of conceptualizing and shaping such protection are explored, for example through 'privacy bubbles', obfuscation and surveillance transparency, as well as by revising the assumptions underlying current privacy laws."--
Baker Berry K3263 .P755 2017

War, aggression and self-defence
Dinstein, Yoram, author
Cambridge, United Kingdom ; Cambridge University Press, [2017]
Part I. The legal nature of war -- Armed conflict, war and neutrality -- The course of war -- Part II. The illegality of war -- Historical perspective of the legal status of war -- The contemporary prohibition of the use of inter-state force -- The crime of aggression -- Controversial consequences of the change in the legal status of war -- Part III. Exceptions to the prohibition of the use of inter-state force -- The concept of self-defence -- The modalities of individual self-defence -- Collective self-defence -- Collective security.

"[This book is a] guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force."--
Baker Berry KZ6374 .D56 2017

Towards a European Energy Union : European energy strategy in international law
Röben, Volker, author
Cambridge, United Kingdom ; Cambridge University Press, 2018
Establishing the European Energy Union -- Rules-based energy governance world-wide : the regulation of energy in international law -- Realising the European Energy Union in union law : internal and external regulation of the energy-cycle.

The European Union is poised to establish a genuine European Energy Union with the new powers conferred on it by the Lisbon Treaty. Since 2014, it has been developing and implementing an energy strategy that responds to the three overarching priorities of climate change, political security, and economic competitiveness by 2030. The European Energy Union aims to provide secure, sustainable and affordable energy throughout the cycle of production, transport and consumption. This book outlines the legal regime underpinning this regulatory strategy, which integrates EU law with international law and with the law of the member states and affiliated states. It analyses and explains the increasing interaction between these legal orders in achieving the shared objective of transforming the European and global energy systems. This book will appeal to scholars and students of energy law and Policy at both European and international levels.
Baker Berry KJE6698 .R65 2018

Morality and responsibility of rulers : European and Chinese origins of a rule of law as justice for world order
edited by Anthony Carty and Janne Nijman
Oxford, United Kingdom : Oxford University Press, 2018
Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.
Baker Berry K3171 .M67 2018

Human rights and radical social transformation : futurity, alterity, power
McNeilly, Kathryn, author
Abingdon, Oxon ; Routledge, an imprint of the Taylor & Francis Group, 2018
Introduction -- The excesses of human rights : beginning to think of a futural future for human rights -- (Re)Doing rights : the performativity of human rights to come -- Universality as universalisation : the universality of human rights to come -- Beyond consensus : the agonism of human rights to come -- Rethinking paradoxical sovereignty : the ontology of human rights to come -- On translation : the practice of human rights to come -- Rereading feminist engagements with rights via human rights to come -- Conclusion as non-conclusion.

Against the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some. However, a question mark has remained over the utility of human rights in this activity and the capability of rights to challenge, as opposed to reinforce, discourses such as liberalism, capitalism, internationalism and statism. It is at this point that the present work aims to intervene. Drawing upon critical legal theory, radical democratic thinking and feminist perspectives, Human Rights and Radical Social Transformation seeks to reassess the radical possibilities for human rights and explore how rights may be re-engaged as a tool to facilitate radical social change via the concept of 'human rights to come'. This idea proposes a reconceptualisation of human rights in theory and practice which foregrounds human rights as inherently futural and capable of sustaining a critical relation to power and alterity in radical politics. --
Baker Berry K3240 .M3883 2018

The financial crisis and white collar crime - legislative and policy responses : a critical assessment
edited by Nicholas Ryder, Jon Tucker and Umut Turksen
Abingdon, Oxon ; Routledge, 2017
The 2008 financial crisis and fraud : the roles of immoral phlegmatism, deviancy attenuation and de-labeling / Mark Button and Martin Tunley -- The importance of whistle-blowers in uncovering financial misconduct in Potemkin villages / Alison Lui -- Rogues in the city / Paul Keenan -- The systematic role of technology in financial instability / Dionysios Demetis -- The finance industry perspective / Jon Tucker -- Market abuse and the risk to the financial markets / Andrew H. Baker -- The FCA : protecting consumers of the consumer credit market in the wake of the global financial crisis / Daniel Jasinski -- Legislation and regulation in response to financial crime -- purusing ghosts? / Andrew Haynes -- Independence and protection of auditors in the EU anti-money laundering framework / Rhian Dow and Umut Turksen -- Post-crisis regulation and prosecutions in financial crime : progress or paradox? / Gauri Sinha -- The financial crisis and its relationship with white collar crime in the United States of America : time for the Feds to fight back? / Axel Palmer -- The National Crime Agency : a critical analysis of its potential impact on the UK's financial crime policy / Christopher Recker -- Financial crises and financial crime : 'conscious coupling' and 'transformative understandings' of crime past, present and future / Sarah Wilson.

"This book offers a commentary on the responses to white collar crime since the financial crisis. The book ... [analyzes] the legal and policy responses that have been put in place following the 2008 financial crisis. The book looks at a range of topics including: the low priority and resources allocated to fraud; EU regulatory efforts to fight financial crime; protecting whistleblowers in the financial industry; the criminality of the rogue trader; the evolution of financial crime in cryptocurrencies; and the levying of financial penalties against banks and corporations by the US Department of Justice and Securities and Exchange Commission."--
Baker Berry K5215 .F56 2017

Climate change, migration and human rights : law and policy perspectives
edited by Dimitra Manou, Andrew Baldwin, Dug Cubie, Anja Mihr and Teresa Thorp
Milton Park, Abingdon, Oxon ; Routledge, 2017
Climate Change, Migration and Human Rights / Dimitra Manou, Anja Mihr -- Governance and Climate Change-induced Mobility : International and Regional Frameworks / Elizabeth Ferris -- Critical Perspective on the Identification of 'Environmental Refugees' as a Category of Human Rights Concern / Benoît Mayer -- Climate Change, Migration and Human Rights : Legal and Policy Approaches -- Climate Justice, Migration and Human Rights / Anja Mihr -- Transitional Law in the Climate Change Context / Teresa Thorp -- State Responsibility to Prevent Climate Displacement : The Importance of Housing, Land and Property Rights / Ezekiel Simperingham -- In-Situ Adaptation : Non-Migration as a Coping Strategy for Vulnerable Persons / Dug Cubie -- Climate Migration and Conflicts : A Self-fulfilling Prophecy / Lennart Olsson -- The Human Rights of Climate-Induced Community Relocation / Robin Bronen -- Land Matters : Challenges to Planned Relocation as a Durable Solution to Environmentally Induced Displacement in Kenya / Jeanette Schade -- Politicising Climate Change Adaptation : Negotiating Environmental Migration in the European Union and the Pacific / Silja Klepp & Johannes Herbeck -- Climate and Community : The Human Rights, Livelihood, and Migration Impacts of Climate Change / Brooke Ackerly, Mujibul Anam, Jonathan Gilligan & Steven Goodbred -- Labour Mobility Options as Adaptation Strategies to Environmental Changes / Elisa Fornalé -- Conclusions : On the Politics of Climate Change, Migration and Human Rights / Andrew Baldwin.

"Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies"--
Baker Berry K3585.5 .C5557 2017

Terrorism : law and policy
Lowe, David (Lecturer on policing), author
Abingdon, Oxon ; Routledge, 2018
"[This book provides a] socio-legal analysis of issues related to terrorist activity...[It] takes a comparative approach to the law related to terrorism in a number of states, mainly those in Europe, North America, Australia and New Zealand. Beginning with an examination of the background to various currently active terrorist groups, the book focuses on those groups which are currently active and which pose a threat to security, especially at the international level. The chapters take the reader through the legal definitions of terrorism contained in various states' statutory provisions and examine how the courts have interpreted terrorism in those states' jurisdictions. The main aim of any terrorist investigation is prevention and so the book examines the various statutory preventative measures that states have introduced and explores the legal issues surrounding surveillance, terrorism intelligence exchange, radicalisation, use of social media, quasi-criminal provisions, asset-freezing and the nexus between terrorist activity and organised crime. Bringing together a number of themes related to terrorism and security from a uniquely legal perspective, this book builds a comparative picture of the legal counter-terrorism interventions states are adopting to increase co-operation and adopt a more united approach in the face of the international terrorism threat."--
Baker Berry K5256 .L69 2018

Direct international human rights obligations of non-state actors : a legal and ethical necessity
Carrillo Santarelli, Nicolás, author
Oisterwijk, The Netherlands : Wolf Legal Publishers (WLP), [2017]
Introduction -- Part 1. The necessity of protecting human dignity from non-state violations -- The demand of human dignity to protect from all abuses -- The demand of protection from non-state abuses by Human Rights principles -- Equality and the non-discrimination of victims of non-state violations -- Features and operation of a multi-level and multi-actor framework of protection of human rights from non-state abuses -- Part II The international legal possibilities of protecting individuals from non-state abuses -- Conditions and sources of international human rights obligations and other legal capacities of non-state actors -- The types of direct human rights obligations of non-state actors -- Non-state responsibility and the full reparations of victims -- Strategies and mechanisms that can serve to promote and protect human rights from non-state abuses.

In this book, addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, Prof. Nicolás Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct nonstate obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. The book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be them States, armed groups, international organizations, or other actors.--
Baker Berry KZ6405.N66 C377 2017

Challenging immigration detention : academics, activists and policy-makers
edited by Michael J. Flynn, Global Detention Project, Switzerland, Matthew B. Flynn, Georgia Southern University, USA
Cheltenham, UK : Edward Elgar Publishing, [2017]
Governments increasingly rely upon detention to control the movement of undocumented migrants and asylum seekers. The deprivation of liberty of non-citizens due to their undocumented or irregular status is often fraught with gross injustices. This book stresses the need for global policy-makers to address these practices in order to ensure compliance with fundamental human rights and prevent detention abuses. Approaching detention from an interdisciplinary perspective, this volume brings together leading writers and thinkers to provide a greater understanding of why it is such an important social phenomenon and suggest ways to confront it locally and globally. Challenging Immigration Detention thematically examines a broad range of situations across the globe, with contributors providing overviews of key issues, case studies and experiences in their fields, while highlighting potential strategies for curbing detention abuses. Demonstrating the value of varied analytical frameworks and investigative angles, the contributors provide urgently needed insight into a growing human rights issue. With cross-disciplinary investigation into an issue with immediate global importance, Challenging Immigration Detention is vital for undergraduates, postgraduates, activists, lawyers and policy-makers interested in international human rights. National and international humanitarian organizations and advocacy groups working in migrant and asylum rights will find this a compelling and diverse overview of migrant detention.
Baker Berry K3275 .C43 2017

New Hampshire Public Utilities Commission reports & orders
Nashua, NH : Data Information Services
Jones Media CD-ROM HD2767.N4 A42

The U.S. Constitution : a very short introduction
Bodenhamer, David J., author
New York, NY : Oxford University Press, [2018]
1. The revolutionary Constitution -- 2. Federalism -- 3. Balance of powers -- 4. Property -- 5. Representation -- 6. Equality -- 7. Rights -- 8. Security -- Epilogue: The future Constitution.

"Though the U.S. Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Claims and counterclaims about the constitutionality of governmental actions are a habit of American politics. This document, which its framers designed to limit power, often has made political conflict inevitable. It also has accommodated and legitimized the political and social changes of a vibrant, powerful democratic nation. A product of history's first modern revolution, the Constitution embraced a new formula for government: it restrained power on behalf of liberty, but it also granted power to promote and protect liberty. The U.S. Constitution: A Very Short Introduction explores the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security. Informed by the latest scholarship, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution. Today we face serious challenges to the nation's constitutional legacy. Endless wars, a sharply divided electorate, economic inequality, and immigration, along with a host of other issues, have placed demands on government and on society that test our constitutional values. Understanding how the Constitution has evolved will help us adapt its principles to the challenges of our age"--Provided by publisher.
Baker Berry KF4541 .B635 2018

Owned : property, privacy, and the new digital serfdom
Fairfield, Joshua A. T., 1974- author
Cambridge, United Kingdom : Cambridge University Press, [2017]
1. Introduction -- 2. The death of property -- 3. Surrounded -- 4. So what? -- 5. Private property -- 6. Property as information -- 7. The future of property -- 8. Jailbreaking ownership -- 9. Owners or owned?

In this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.
Baker Berry KF390.5.C6 F35 2017

The child in international refugee law
Pobjoy, Jason M., 1982- author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Introduction -- 1. Situating the refugee child in international law -- 2. The child and the refugee status determination process -- 3. An age-sensitive assessment of risk -- 4. A child rights framework for identifying persecutory harm -- 5. Nexus to a convention ground -- 6. The convention on the rights of the child as a complementary source of protection; Conclusions -- Annex 1. CRC, preamble and Articles 1 to 41 -- Annex 2. Refugee Convention, preamble and Article 1 -- Annex 3. Final act of the Conference of Plenipotentiaries, Recommendation B (principle of family unity).

"Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children"--
Baker Berry KZ6530 .P63 2017

The conceptual foundations of transitional justice
Murphy, Colleen, 1974- author
Cambridge, United Kingdom : Cambridge University Press, 2017
Circumstances of transitional justice -- The problem of transitional justice -- Societal transformation -- The just pursuit of transformation.

"Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists."--Preliminary page.
Baker Berry K5250 .M87 2017

Ruth Bader Ginsburg's legacy of dissent : feminist rhetoric and the law
Gibson, Katie L. 1976- author
Tuscaloosa : The University of Alabama Press, [2018]
Introduction: the patriarchal voice of the law: generic scripts and Bradwell v. Illinois -- Judicial rhetoric and women's place : the legal precedent of separate sphere -- Advancing a language of feminist jurisprudence : Reed v. Reed and Ruth Bader Ginsburg's grandparent brief -- Shifting the boundaries of equal protection : Justice Ginsburg's defense of progressive constitutionalism in United States v. Virginia -- Confronting the boundaries of abortion jurisprudence : Justice Ginsburg's equality rationale in Gonzales V. Carhart -- Ruth Bader Ginsburg's legacy of dissent : feminist contributions and democratic promise.

"Ruth Bader Ginsburg's lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law. This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions--beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law. Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg's voice of dissent today, Ginsburg's rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric." -- Publisher's website.
Baker Berry KF8745.G56 G53 2018

The Second Amendment and gun control : freedom, fear, and the American Constitution
edited by Kevin Yuill and Joe Street
Abingdon, Oxon ; Routledge, 2018
Constitutional mythology and the future of Second Amendment jurisprudence after Heller / Saul Cornell -- The Second Amendment right to self-defence : the core freedom in the new century / Joyce Lee Malcolm -- Annie get your gun : women, performance, and the Western heroine / Karen Jones -- "A gun is a gun is anyone's hand" : shooting the gang girl in mi vida loca / Emma Horrex -- "The thought of a black male with a weapon scares America" : African Americans, the Second Amendment, and the racial politics of armed self-defense in the Civil Rights Era and beyond / Simon Wendt and Rebecca Rössling -- From virtuous armed citizen to "cramped little risk-fearing man" : the meaning of firearms in an insecure era / Kevin Yuill -- Gun rights and the rule of law / Firmin Debrabander -- To endure for all time or to change with the times? the Supreme Court and the Second Amendment / Emma Long -- Mr. Gingrich's bequest : globalising the Second Amendment? / Peter Squires -- The universal right of self-defense, and the auxiliary right to defensive arms / David B. Kopel.

"The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a...view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues."--
Baker Berry KF3941 .S43 2018

Human rights of migrants in the 21st century
edited by Elspeth Guild, Stefanie Grant and C.A. Groenendijk
Abingdon, Oxon ; Routledge, 2018
The right to be recognised as a person before the law / Kathryn Allinson -- Migrants' rights at the border / Ceren Mutus Toprakseven -- Immigration detention / Kathryn Allinson, Justine Stefanelli and Katharine T. Weatherhead -- Irregular status / Katharine T. Weatherhead -- Rights of residence, termination of residence and in respect of removal / Valeria Vita -- The economic, social and cultural rights of migrants / Claude Cahn -- Rights at work / Bjarney Friðriksdóttir -- Family life and the migrant / Rowena Moffatt, Ella Gunn, and Anuscheh Farahat -- Freedom of thought, belief and religion and freedom of expression and opinion / Susie Alegre -- The right to an effective remedy, the right to an effective national procedure against arbitrary removal and the right to a fair hearing / Dana Baldinger -- Conclusions and summary of key international human rights of migrants / Elspeth Guild, Stefanie Grant and C.A. Groenendijk.

"This book offers an accessible examination of the human rights of migrants in the context of the UN's negotiations in 2018"--Preliminary page.
Baker Berry K3249 .H859 2018

A global political morality : human rights, democracy, and constitutionalism
Perry, Michael J., author
Cambridge, United Kingdom ; Cambridge University Press, 2017
"In A Global Political Morality, Michael John Perry addresses several related questions in human rights theory, political theory, and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide, and abortion"--
Baker Berry KF4749 .P4334 2017

The politics of legality in a neoliberal age
edited by Ben Golder and Daniel McLoughlin
Abingdon, Oxon ; Routledge, 2018
An introduction to the politics of legality in a neoliberal age / Ben Golder and Daniel McLoughlin -- Part I: The law and legality of neoliberalism. Transformations of the rule of law : legal, liberal, and neo- / Martin Krygier -- Thatcherism as an extension of consensus / Michael Gardiner -- Foucault and Becker : a biopolitical approach to human capital and the stability of preferences / Miguel Vatter -- Part II: Constituting neoliberalism. Constructing "privatopia" : the role of constitutional law in Chile's radical neoliberal experiment / Javier Couso -- The rise of juridical neoliberalism / Thomas Biebricher -- Neoliberalism as legalism : international economic law and the rise of the judiciary / Ntina Tzouvala -- Part III: Human rights and neoliberalism. A powerless companion : human rights in the age of neoliberalism / Samuel Moyn -- An unlikely resonance? : subjects of human rights and subjects of human capital reconsidered / Zachary Manfredi -- Articulating human rights discourse in local struggles in a neoliberal age / Zeynep Kivilcim.

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas and, at the same time, a political economic corrective to legal scholarship which has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.
Baker Berry K487.P65 P645 2018

The right to life in armed conflict
Park, Ian David, 1973- author
Oxford, United Kingdom : Oxford University Press, 2018
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
Baker Berry K3252 .P37 2018

Steiner & Woods EU law
Woods, Lorna, author
Oxford, United Kingdom : Oxford University Press, 2017
From EEC to EU : a brief history of the development of the Union -- Institutions of the Union : composition and powers -- Scope of the EU treaty : laws and lawmaking -- Principle of supremacy of EU law -- Principles of direct applicability and direct effects -- Gener principles of law -- Framework for enforcement -- Remedies in national courts -- State liability -- The preliminary rulings procedure -- Enforcement actions -- Direct action for annulment -- Action for failure to act -- Union liability in tort : action for damages -- Introduction to the internal market -- Harmonisation -- Customs union -- Free movement of goods -- Derogation from the free movement of goods -- Free movement of payments and capital -- Citizenship : rights of free movement and residence -- Economic rights : workers, establishment and services -- Free movement : social rights -- Right to receive services -- Free ovement of persons : limitations on grounds of public policy, public security or public health -- The area of freedom, security and justice : EU justice and home affairs law and policy -- Discrimination -- Introduction to EU competition policy -- EU competition law.
Baker Berry KJE947 .S745 2017

Immigration policy in the age of punishment : detention, deportation, and border control
edited by David C. Brotherton and Philip Kretsedemas
New York : Columbia University Press, [2017]
Introduction : Immigration policy in an age of punishment / Philip Kretsedemas and David C. Brotherton -- Part I. Controlling borders and migrant populations -- President Obama's legacy as "deporter in chief" / Tanya Bolash-Goza -- Immigration policy and migrant support organizations in an era of austerity and hope / Deirdre Conlon -- Ordinary injustices : persecution, punishment, and the criminalization of asylum in Canada / Graham Hudson -- Seeking asylum in Australia : the role of emotion and narrative in state and civil society responses / Greg Martin and Claudia Tazreiter -- Critiquing zones of exception : actor-oriented approaches explaining the rise of immigration detention / Matthew B. Flynn and Michael Flynn -- The controlled expansion of local immigration laws : an analysis of US Supreme Court jurisprudence / Philip Kretsedemas -- Part II. Producing deportable subjects -- The sociology of vindictiveness and the deportable alien / David C. Brotherton and Sarah Tosh -- Banished yet un-deported : the constitution of a 'floating population' of deportees within France / Carolina Boe -- Fear of deportation as a barrier to immigrant integration / Shirley Leyro -- Deported to Tijuana : social networks and religious communities / María Dolores París and Gabriel Pérez Duperou -- Medical deportations : blurring the line between health care and immigration enforcement / Lisa Sun-Hee Park -- Citizenship in the green card army / Sofya Aptekar -- The production of immigration exclusions under H-1B and L-1 visas / Payal Banerjee -- The precarious deportee and human rights in the Dominican Republic / Yolanda Martín.
Baker Berry K3275 .I485 2017

Philosophy of law : an introduction
Tebbit, Mark, 1950- author
London ; Routledge, Taylor & Francis Group, 2017
Morality, justice, and natural law -- From common law to modern positivism -- Hart's legal positivism -- Legal theory and the Nazi legality problem -- Legal realism -- Competing images of law in contemporary jurisprudence -- Radical challenges to mainstream theories -- Obedience and disobedience -- Legal and moral rights -- Law and private morals -- Radical critiques of liberal theories of law -- Guilty minds : recklessness, manslaughter and murder -- Unlawful killing : the defences of necessity and duress -- Insanity and diminished responsibility -- Theories of punishment -- Radical perspectives on crime and punishment.

"[This book] provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, [the author] ... leads readers into the heart of the philosophical questions that dominate philosophy of law today ... and [provides an] overview of the contending theories that have sought to resolve these problems ... The book is structured in three parts around the key issues and themes in philosophy of law: what is the law? : the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism; the reach of the law : the various legal theories on the nature and extent of the law's authority, with regard to obligation and civil disobedience, rights, liberty and privacy; and criminal law : responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment ... Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin-Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law-positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress."--
Baker Berry K230.T43 A37 2017

Root-cause regulation : protecting work and workers in the twenty-first century
Piore, Michael J., author
Cambridge, Massachusetts : Harvard University Press, 2018
The United States -- France -- Spain -- Latin American variants -- Managing discretion -- Developing guidelines.

Why does the United States assign responsibility for different aspects of labor and employment law (e.g., wages and hours, safety and health, collective bargaining, discrimination, etc.) to different agencies, when France, Spain, and their former colonies assign all aspects of labor and employment law to a single agency? Does the US approach, which essentially reduces to "one inspector per law," perform better or worse than the "Latin" model, which implies "one inspector per firm?" And what are the implications for the division of labor in the public sector more generally? Root-Cause Regulation addresses these questions by comparing the evolution of labor market regulation in developed and developing countries over the course of the past century. The results speak not only to the protection of work and workers in the twenty-first century but to the organization of the public sector more generally.--
Baker Berry K1763 .P56 2018

Human rights in international relations
Forsythe, David P., 1941- author
Cambridge, United Kingdom ; Cambridge University Press, 2018
Establishing human rights standards -- Global application of human rights norms -- Transitional justice : criminal courts and alternatives -- Regional application of human rights norms -- Human rights and foreign policy in comparative perspective -- Non-governmental organizations and human rights -- Transnational corporations and human rights -- The communications media and human rights : traditional and social domains -- The politics of liberalism in a realist world.

This fourth edition of David P. Forsythe's successful textbook provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics. Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups. Completely updated and revised, the fourth edition takes account of new sources and recent scholarship, as well as recent events, such as the Syrian war, the rise of ISIS, refugee flows, South Sudan crises, and the resurgence of nationalism. A new chapter has been added on the media and human rights, covering both traditional and social media. Examining attempts to protect human rights by various actors, such as the United Nations, the European Union, transnational corporations, and the media, the book stresses that the open-ended fate of universal human rights depends on human agency in this context. Containing further reading suggestions and discussion questions, this textbook is a vital resource for courses on human rights in an international context. --
Baker Berry K3240 .F67 2018

The United States Supreme Court's assault on the Constitution, democracy and the rule of law
Lamparello, Adam, author
Milton Park, Abingdon, Oxon ; Routledge, 2017
Citizens United v. FEC -- McCutcheon v. FEC -- Clinton v. New York -- U.S. Term Limits v. Thornton -- Chevron, inc., v. Natural Resources Defense Council -- Korematsu v. U.S -- Griswold v. Connecticut -- Roe v. Wade -- Planned Parenthood of Southeastern Pennsylvania v. Casey -- Lawrence v. Texas -- Obergefell v. Hodges -- The Slaughterhouse Cases -- Milliken v. Bradley -- San Antonio School Cistrict v. Rodriguez -- McClesky v. Kemp -- General Elec. Co. v. Gilbert -- Kelo v. City of New London -- Lochner v. New York -- Wickard v. Filburn -- Brown v. Board of Education -- Washington v. Glucksberg -- Austin v. Michigan Chamber of Commerce -- United States v. Nixon -- United states v. Lopez -- Texas v. Johnson -- Gideon v. Wainwright -- Is democracy a good thing? : the arguments and the practicalities -- Foundational principles for a pro-democracy and process-oriented, and pragmatic jurisprudence -- Applying the foundational principles to the "worst" Supreme Court decisions, and arriving at non-ideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts.
Baker Berry KF8748 .L24 2017

Authoritarian legality in China : law, workers, and the state
Gallagher, Mary Elizabeth, 1969- author
Cambridge, United Kingdom ; Cambridge University Press, 2017
Authoritarian legality at work : the workplace and China's urbanization -- A theory of authoritarian legality -- Fire alarms and fire fighters : institutional reforms and legal mobilization at the Chinese workplace -- By the book : learning and the law -- Great expectations : the disparate effects of legal mobilization -- The limits of authoritarian legality -- Requiem for the labor contract law?

"Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence"--
Baker Berry KNQ1274 .G35 2017

Biometrics, crime and security
Smith, Marcus, (Law teacher), author
Milton Park, Abingdon, Oxon ; Routledge, 2018
Baker Berry K5479 .S65 2018

Understanding statelessness
edited by Tendayi Bloom, Katherine Tonkiss and Phillip Cole
Abingdon, Oxon ; Routledge, 2017
Introduction : providing a framework for understanding statelessness / Tendayi Bloom, Katherine Tonkiss and Phillip Cole -- Worthy of rights : statelessness as a cause and symptom of marginalisation / Lindsey N. Kingston -- Contexts of statelessness : the concepts 'statelessness in situ' and 'statelessness in the migratory context' / Caia Vlieks -- Unpacking statelessness / Laura van Waas and Amal de Chickera -- The state and the stateless : the legacy of Hannah Arendt reconsidered / Brad K. Klitz -- Challenging the disunity of statelessness in the Middle East and North Africa / Zahra al Barazi and Jason Tucker -- Race-based statelessness in the Dominican Republic / Jillian Blake -- Statelessness, ungoverned spaces and security in Kenya / Oscar Gakuo Mwangi -- Citizenship, gender and statelessness in Nepal : before and after the 2015 Constitution / Subin Mulmi and Sara Shneiderman -- Members of colonised groups, statelessness and the right to have rights / Tendayi Bloom -- Recognition, nationality, and statelessness : state-based challenges for UNHCR's plan to end statelessness / Kelly Staples -- Why end statelessness? / Katja Swider -- Realising the rights of stateless persons : the doctrine of fiduciary duty and the role of municipal government / David Passarelli -- The right to family : protecting stateless children / Patti Tamara Lenard -- Statelessness and the performance of citizenship-as-nationality / Katherine Tonkiss -- Insider theory and the construction of statelessness / Phillip Cole.

Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, 'Defining Statelessness', features chapters exploring conceptual issues in the definition of statelessness. The second, 'Living Statelessness', uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. 'Theorising Statelessness', the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
Baker Berry K7128.S7 U525 2017

Cheshire, North & Fawcett : private international law / edited by Paul Torremans ; consultant editor, James J. Fawcett ; authors, Ugljes†a Grus†ic† ... [et al.]
Oxford ; Oxford University Press, 2017
"The new edition of this...work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015...It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law...[There] is...coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts."--
Baker Berry KD680 .C45 2017

Domestic counter-terrorism in a global world : post-9/11 institutional structures and cultures in Canada and the United Kingdom
Alati, Daniel, 1986- author
Abingdon, Oxon ; Routledge, 2018
"Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the United Kingdom and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analysed and understood as a product of local institutional structures and cultures."--Preliminary page.
Baker Berry K5256 .A93 2018

World peace through law : replacing war with the global rule of law
Ranney, James T., author
Abingdon, Oxon ; Routledge, 2018
The problem -- The answer -- Bentham -- Roosevelt and Taft (1910-1918) -- Kelsen -- Eisenhower and Kennedy -- Our trajectory -- Abolition of nuclear weapons -- International dispute resolution systems -- A United Nations peace force -- Objections -- Conclusion.

"This book deals with the history and future of the concept of 'world peace through law' (WPTL), which advocates replacing the use of international force with the global rule of law."--Preliminary page.
Baker Berry KZ6010 .R366 2018

Capital Markets Union in Europe
edited by Danny Busch, Emilios Avgouleas, Guido Ferrarini
Oxford, United Kingdom : Oxford University Press, 2018
Capital Markets Union in Europe analyses the legal and economic implications of the European Commission's plans to form a Capital Markets Union (CMU) in Europe, which will have a major impact on financial markets and institutions both in the region and beyond. A detailed introductory chapter provides a broad overview of the various aspects and challenges of the CMU proposals, whilst thematically grouped chapters cover the following areas: (i) general aspects, (ii) Brexit, (iii) financing innovation, (iv) raising capital on the capital markets, (v) fostering retail and institutional investment, (vi) leveraging banking capacity to support the wider economy, (vii) facilitating cross-border investing, and (viii) comparative aspects of capital market integration. Written by world renowned experts in the fields of banking and capital markets, including respected academics, with broad practical experience, and leading practitioners, Capital Markets Union in Europe provides high-quality analysis of the legal and economic issues in a practical context. --
Baker Berry KJE2245 .C36 2018

Migration on the move : essays on the dynamics of migration
edited by Carolus Grütters, Sandra Mantu, Paul Minderhoud
Leiden ; Brill Nijhoff, [2017]
Migration on the move : an introduction / Carolus Grutters, Sandra Mantu, and Paul Minderhoud -- Changing paradigms in migration law research / Thomas Spijkerboer -- Sexuality, race, and masculinity in Europe's refugee crisis / Betty de Hart -- Free movement of workers : some reflections / Paul Minderhoud -- Two decades EU migration law for third country nationals / Tineke Strik -- Current protection dilemmas in the European Union / Jens Vedsted-Hansen -- Governing migration in an age of globalization / James Hollifield and Rahfin Faruk -- Hotspots, cold fact : managing migration by selecting migrants / Marie-Laure Basilien-Gainche -- Turkey's role in EU migration law and policy : Turkeys voting for Christmas / Margarite Helena Zoeteweij and Ozan Turhan -- EU inclusion and exclusion : from workers to citizens to people / Elspeth Guild -- Alternative views on EU citizenship / Sandra Mantu -- Access to justice for asylum seekers / Ashley Terlouw -- Navigating migration policies in Europe : insights from the field / Asuncion Fresnoza-Flot -- Brexit : free movement of Union citizens and the rights of third-country nationals under threat? / Kees Groenendijk.

Migration on the move examines the dynamics of migration and asylum law over the past two decades and highlights profound changes that have taken place in these fields as a result of growing EU competences to deal with migration and asylum questions. The book maps the transformation of the migration field by focusing on three interrelated issues: the effects of Europeanization and the shifting power relations that it implies; placing Europe's laws and policies in a global migration context, and critically examining to whom 'project' Europe belongs. The contributors offer a multidisciplinary analysis of key aspects of the migration and refugee crisis and their implications for policies, principles of law, and the treatment of people in Europe today.
Baker Berry KJE6044 .M54 2017

The second generation of second amendment law & policy
Eric M. Ruben & Darrell A.H. Miller, special editors
Durham, North Carolina : Duke University School of Law, [2017]
Baker Berry KF3941 .S43 2017

Judicial dialogue on human rights : the practice of international criminal tribunals
edited by Paolo Lobba, Triestino Mariniello
Leiden ; Brill, [2017]
The grammar of the judicial dialogue between international criminal tribunals and the European Court: introductory remarks / Paolo Lobba and Triestino Mariniello -- Cross-fertilisation under the looking glass: transjudicial grammar and reception of Strasbourg jurisprudence by international criminal tribunals / Sergey Vasiliev -- 'Directory authority': fertilising international criminal tribunals' human rights standards with European Court of Human Rights' case law / Julia Geneuss -- Judicial dialogue in light of comparative criminal law and justice / Christoph Burchard -- Article 21 (3) of the ICC Statute : identifying and applying 'internationally recognized human rights / Volker Nerlich -- Article 21(3) of the ICC Statute and "Internationally recognized human rights" as a source of mandatory judicial dialogue / Christophe Deprez -- Beyond anecdotal reference : a comprehensive assessment of the references to the jurisprudence of the ECtHR / Frauke Sauerwein -- The Nulla Poena Sine Lege : a symptomatic sign of interactions between Strasbourg and the Hague / Damien Scalia -- Critical remarks on the accessibility/foreseeability standard as applied in international criminal justice / Giulio Vanacore -- The judicial dialogue between the ECtHR and the ad hoc tribunals on the right to rehabilitation of offenders / Alice Riccardi -- Judicial dialogue and the definition of torture : the importation of ICTS from European jurisprudence / Elena Maculan -- Absent witnesses and the right to confrontation: the influence of the jurisprudence of the European Court of Human Rights on international criminal law / Yvonne McDermott -- The special court for Sierra Leone's misapplication of the European Court of Human Rights case law on hearsay evidence and corroboration : the Taylor appeal judgment and the Al Khawaja and Tahery case / Yael Vias Gvirsman -- The interaction between the international criminal court and the European Court of Human Rights-the right to the truth for victims of serious violations of human rights : the importation of a new right? / Paolo Caroli -- Self- or cross-fertilization? referencing ECtHR jurisprudence to justify victim participation at the ICC / Kerstin Braun.

"Judicial Dialogue on Human Rights' offers a critical legal perspective on the manner in which international criminal tribunals select, (re- )interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims' rights. Another section of the book seeks to devise a methodologically sound 'grammar' of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice."--Back cover.
Baker Berry KZ1266 .J83 2017

Intellectual property, cultural property, and intangible cultural heritage
edited by Christoph Antons and William Logan
London ; Routledge, Taylor & Francis Group, 2018
"[This book] examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world"--Back cover.
Baker Berry K3791 .I58 2018

Guía antirepresiva : derechos y libertades para la lucha social
autores/as, Carlos Hernández "Pote" (coord.), Miguel Angel Navarro, Patxi de la Fuente, Iñaki Carro y Libertad Francés
Bilbao : DDT Banaketak, 2015
Baker Berry KKT2460 .G85 2015

Native land talk : indigenous and arrivant rights theories
Ben-Zvi, Yael, 1969- author
Hanover, New Hampshire : Dartmouth College Press, [2018]
Equiano's nativity -- Mohegan native rights -- Spaces of slavery and freedom -- Unsettling birthrights -- Ancestral blood -- Interlude: Blood and graves -- Ancestral graves.

"Drawing on texts, including petitions, letters, newspapers, and official records, Yael Ben-Zvi analyzes native rights theories that indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries"--
Baker Berry KF8400 .M67 2018

The Oxford handbook on the sources of international law
edited by Samantha Besson and Jean d'Aspremont ; with the assistance of Sévrine Knuchel
Oxford : Oxford University Press, 2017
Part I. The histories of the sources of international law -- Part II. The theories of the sources of international law -- Part III. The functions of the sources of international law -- Part IV. The regimes of the sources of international law.

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area. --
Baker Berry KZ1275.5 .O94 2017

Same-sex marriage and American constitutionalism : a study in federalism, separation of powers, and individual rights
Dry, Murray, author
Philadelphia : Paul Dry Books, 2017
"The two decades long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment's Due Process and Equal Protection Clauses required states to allow same sex couples to marry on the same terms as opposite sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves ... As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, 'Who should decide?' It's a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision: so that court mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights"--Back cover.
Baker Berry KF539 .D79 2017

Roman law essentials
Anderson, Craig, author
Edinburgh : Edinburgh University Press, 2018
Baker Berry KJA147 .A5485 2018

To reform the world : international organizations and the making of modern states
Sinclair, Guy Fiti, author
New York, NY : Oxford University Press, 2017
The book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. The proposed book will contend that this 'mission creep' has allowed IOs to intervene internationally, most often in the Global South, in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, it supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations --Front flap of the book.
Baker Berry KZ4852 .S58 2017

Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination : a living instrument
edited by David Keane and Annapurna Waughray
Manchester : Manchester University Press, 2017
"This is the very first edited collection on International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the oldest of the UN international human rights treaties. It draws together a range of commentators including current or former members of the Committee on the Elimination of Racial Discrimination (CERD), along with academic and other experts, to discuss the meaning and relevance of the treaty on its fiftieth anniversary. The contributions examine the shift from a narrow understanding of racial discrimination in the 1960s, premised on countering colonialism and apartheid, to a wider meaning today drawing in a range of groups such as minorities, indigenous peoples, caste groups, and Afro-descendants."--
Baker Berry K3242.A41965 F54 2017

International arbitration in the energy sector
edited by Maxi Scherer, Queen Mary, University of London ; contributors, Catherine Amifrar and others
Oxford : Oxford University Press, 2018
Commercial arbitration in the energy sector -- Investor-state arbitration in the energy sector -- Public international law disputes, climate disputes, and sustainable development in the energy sector.

International Arbitration in the Energy Sector puts disputes in the energy and natural resources sector into a global context, providing broad coverage of different forms and systems of dispute across both renewable and non-renewable sectors.
Baker Berry K2405.E54 I58 2018