K - Law Acquisitions during December 2018

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Restatement of the law fourth the foreign relations law of the United States treaties : preliminary draft
the American Law Institute
Philadelphia, PA : The Executive Office, The American Law Institute, 2015-
Subjects covered: status of treaties in United States law
Baker Berry KF395.A2 T74 2015

The Elgar companion to the Extraordinary Chambers in the Courts of Cambodia
Jørgensen, Nina H. B., author
Cheltenham, UK : Edward Elgar Publishing Limited, [2018]
Baker Berry KZ1208.C36 A152 2018

Transitional justice in Nepal : interests, victims and agency
Selim, Yvette, author
Abingdon, Oxon ; Routledge, 2018
"The conflict in Nepal (1996 - 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an...analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors--experts, brokers, implementers and victims--and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to 'hijack' TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others."--
Baker Berry KPK97.74 .S45 2018

Sovereignty and the new executive authority
Edited by Claire Finkelstein and Michael Skerker
New York : Oxford University Press, 2019
Baker Berry KF5065 .S68 2019

Changing cultures in Congress : from fair play to power plays
Wolfensberger, Donald R., author
New York : Columbia University Press, [2018]
Introduction -- Rolling rules : from level ground to partisan tilt -- Making House rules -- Procedural triage for health care reform -- Fraying purse strings -- Whither the war power? -- Congress and the Iran deal : rational reactor or design flaw? -- Governing in a political world.
Baker Berry KF4992 .W65 2018

Originalism as faith
Segall, Eric J., author
Cambridge, United Kingdom : Cambridge University Press, 2018
Prologue / Erwin Chemerinsky -- Originalism and judicial review -- Judicial review at the beginning -- Originalism's path -- The original originalists and their critics -- The new originalists -- The new, new originalists -- The non-originalism of Justices Scalia and Thomas -- Originalism without strong deference cannot work -- Values and ideology, not law, drive Supreme Court cases -- Originalism as faith.
Baker Berry KF4552 .S44 2018

Halakhah : the Rabbinic idea of law
Saiman, Chaim N., author
Princeton ; Princeton University Press, [2018]
"Though typically translated as 'Jewish law,' the term halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its many detailed rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim that the study of halakhah is a holy endeavor that brings a person closer to God (a claim no country makes of its law). In this panoramic book, Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. In the multifaceted world of halakhah where everything is law, law is also everything, and even laws that serve no practical purpose can, when properly studied, provide surprising insights into timeless questions about the very nature of human existence. What does it mean for legal analysis to connect humans to God? Can spiritual teachings remain meaningful and at the same time rigidly codified? Can a modern state be governed by such law? Guiding readers across two millennia of richly illuminating perspectives, this book shows how halakhah is not just 'law' but an entire way of thinking, being, and knowing"--Provided by publisher.
Baker Berry KBM521 .S25 2018

Victims' rights and victims' wrongs : comparative liability in criminal law
Bergelson, Vera
Stanford, Calif. : Stanford Law Books, ©2009
pt. 1. Reality check: can victims be partly responsible for the harm they suffer? Victims' conduct in criminal law and criminology -- Why does criminal law need a generic defense of comparative criminal liability? -- pt. 2. Toward a unifying theory of comparative criminal liability. What happens to victims' rights in situations of consent, self-defense and provocation? -- The principle of conditionality of rights -- pt. 3. Incorporating the principles of conditionality of rights into criminal law. How long do victims' rights remain limited? -- The defense of comparative criminal liability.

""Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries." "Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis."--Jacket.
Baker Berry KF9235 .B47 2009

Use and abuse of law in the Athenian courts
edited by Chris Carey, Ifigeneia Giannadaki, Brenda Griffith-Williams
Leiden ; Brill, [2019]
This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on ̀use and abuse' raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of ̀abuse'. An introduction sketches the major developments in the field over the last century.
Baker Berry KL4115.A75 U84 2019

The essential debate on the Constitution : Federalist and Antifederalist speeches and writings : the brilliant battle of ideas that still shapes the nation
Robert J. Allison and Bernard Bailyn, editors
New York, N.Y. : Library of America, [2018]
Preface / by Bernard Bailyn -- Introduction / by Robert J. Allison -- Part 1: The debate opens. Benjamin Franklin, Speech at the conclusions of the Constitutional Convention, September 17, 1787 -- Alexander Hamilton, Conjectures about the new Constitution, late September 1787 -- James Wilson, Speech at a public meeting, October 6, 1787 -- Brutus I, October 18, 1787 -- A political dialogue, October 24, 1787 -- James Madison to Thomas Jefferson, October 24, 1787 -- Thomas Jefferson to James Madison, December 20 1787 -- Cato III, October 25, 1787 -- Publius (Alexander Hamilton), The Federalist no. I, October 27, 1787 -- Part 2: Opposition organizes. Elbridge Gerry to the Massachusetts General Court, November 3, 1787 -- Letters from the Federal Farmer to The Republican, November 8, 1787 -- Thomas Jefferson to William Stephens Smith, November 13, 1787 -- George Mason, Objections to the Constitution, November 22, 1787 -- Robert Yates and John Lansing, Jr., to Governor George Clinton, January 14, 1788 -- Part 3. Toward a new understanding of politics. Publius (James Madison), The Federalist no. 10, November 22, 1787 -- A Countryman (Roger Sherman) II, November 22, 1787 -- Brutus IV, November 29, 1787 -- Americanus (John Stevens, Jr.) III, November 30, 1787 -- Samuel Adams to Richard Henry Lee, December 3, 1787 -- A Landholder (Oliver Ellsworth) VII, December 17, 1787 -- Publius (Alexander Hamilton), The Federalist No. 23, December 18, 1787 -- Brutus VII, January 3, 1788 -- Publius (Alexander Hamilton), The Federalist no. 30, December 28, 1787 -- Part 4: Slavery and liberty. Luther Martin, The genuine information VIII, January 22, 1788 -- Giles Hickory (Noah Webster) I, December 1787 -- Publius (James Madison), The Federalist no. 39, January 16, 1788 -- On the new Constitution, January 28, 1788 -- Brutus XI, January 31, 1788 -- Civis (David Ramsay) to the citizens of South Carolina, February 4, 1788 -- Publius (James Madison), The Federalist no. 54, February 12, 1788 -- Part 5: The future of the American republic. Publius (James Madison), The Federalist no. 51, February 6, 1788 -- Brutus XII, February 7 and February 14, 1788 -- Harry Innes to John Brown, February 20, 1788 -- Joseph Spencer to James Madison, Enclosing John Leland's objections, February 28, 1788 -- Publius (Alexander Hamilton), The Federalist no. 70, March 15, 1788 -- Brutus XV, March 20, 1788 -- Publius (Alexander Hamilton), The Federalist no. 78, May 28, 1788 -- George Washington to John Armstrong, April 25, 1788 -- Part 6: The state ratifying conventions. Pennsylvania. James Wilson, Opening address, November 24, 1787 -- James Wilson and John Smilie debate the need for a bill of rights, November 28, 1787 -- Benjamin Rush speaks against a bill of rights, November 30, 1787 -- James Wilson on the slave-trade clause, December 3, 1787 -- Robert Whitehill replies to Wilson on the slave-trade clause, December 3, 1787 -- Dissent of the minority of the Pennsylvania Convention, December 18, 1787 -- Massachusetts. Fisher Ames on biennial elections and the "volcano" of democracy, January 15, 1788 -- An exchange on the powers of Congress and its probable corruption, January 17, 1788 -- Amos Singletary and Jonathan Smith on "Leviathan" and on the danger of anarchy, January 25, 1788 -- Daniel Shute and William Jones on religious tests, January 31, 1788 -- John Hancock proposes ratification with recommended amendments, January 31, 1788 -- Samuel Adams supports Hancock's proposition, January 31, 1788 -- John Hancock's final observations, "We must all rise or fall together," February 6, 1788 -- The form of the ratification of Massachusetts, February 6, 1788 -- South Carolina. Charles Cotesworth Pinckney explains America's unique "structure of freedom," May 14, 1788 -- Patrick Dollard fears a corrupt and despotic aristocracy, May 22, 1788 -- Virginia. Patrick Henry's opening speech opposing ratification, June 4, 1788 -- Patrick Henry states his main objections, and James Madison responds, June 12, 1788 -- George Mason and James Madison debate the slave-trade clause, June 17, 1788 -- New York. Robert R. Livingston, Melancton Smith, and John Jay debate aristocracy, representation, and corruption, June 23, 1788 -- Melancton Smith fears the federal taxing power, June 27, 1788 -- North Carolina. James Iredell on the presidency and the pardoning power, July 28, 1788 -- James Iredell on impeachment, July 28, 1788 -- Henry Abbot and James Iredell debate religious tests, July 30, 1788 -- The Rev. David Caldwell and Samuel Spencer debate religious toleration, July 30, 1788 -- The Constitution -- Chronology, 1774-1804 -- Biographical notes -- Note on the texts.

"The threat of foreign and domestic corruption; the balance of power between the federal government and the states and the controversial role of the Supreme Court; the danger of an unrestrained president and the potential remedy of impeachment. During the contest to ratify the Constitution America's founding generation wrestled with key questions and challenges that continue to test our nation today, and their original arguments still have much to teach us. Here are more than sixty newspaper articles, pamphlets, speeches, and private letters from the debate by more than forty writers, including the essential Federalist essays of James Madison and Alexander Hamilton and the insightful, often prophetic Antifederalist writings of "Brutus" and the "Federalist Farmer""--Back cover.
Baker Berry KF5402 .E87 2018

Taxes and business strategy : a planning approach
Scholes, Myron S., author
Boston : Pearson, [2015]
Introduction to tax strategy -- Tax-planning fundamentals -- Returns on alternative savings vehicles -- Choosing the optimal organizational form -- Implicit taxes and clienteles, arbitrages, restriction, and frictions -- Non tax costs of tax planning -- The importance of marginal tax rates and dynamic tax-planning considerations -- Compensation planning -- Pension and retirement planning -- Multinational tax planning : introduction and investment decisions -- Multinational tax planning : foreign tax credit limitations and income shifting -- Corporations : formation, operation, capital structure, and liquidation -- Introduction to mergers, acquisitions, and divestitures -- Taxable acquisitions of freestanding C corporations -- Taxable acquisitions of S corporations -- Tax-free acquisitions of freestanding C corporations -- Tax planning for divestitures -- Estate and gift tax planning.
On Reserve at Feldberg KF6450 .S33 2015

Coalitions of the willing and international law : the interplay between formality and informality
Rodiles, Alejandro, 1975- author
Cambridge, United Kingdom ; Cambridge University Press, 2018
Introduction -- The conceptual metaphor 'coalition of the willing' -- Testing the frame: the genealogy of a catchphrase -- Global security governance by posse: the Proliferation Security Initiative & co. -- Coalitions of the willing in context: the interplay between formality and informality -- Coalitions of the willing and the role of law in the de-formalized global complex -- Conclusion.

"Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multi-layered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance"--
Baker Berry KZ4053 .R63 2018

Conquestus fuit domino regi : le recours au roi d'après les arrêts du Parlement de Paris (1223-1285)
Forcadet, Pierre-Anne, author
Paris : Éditions de Boccard, 2018
"Le "siècle de saint Louis" est celui du déploiement d'une justice royale hiérarchisée et professionnelle employant des centaines de maîtres formés dans les universités. La cour du roi se réunit à Paris à intervalles réguliers lors de sessions en parlement. La monarchie adopte plusieurs réformes qui permettent aux justiciables d'avoir accès à la justice. Les recours sont alors portés, pour une large part, contre le roi lui-même et ceux de ses agents qui commettent des exactions. Il est tant de recours qu'une forme de responsabilité de l'administration royale paraît se mettre en place. Un important contentieux est en outre soulevé par les hommes contre leurs seigneurs laïcs ou ecclésiastiques. La justice royale apparaît alors comme un régulateur des relations féodales. L'appel judiciaire au parlement, qui se systématise contre les jugements de justices concurrentes, scelle la supériorité de la justice royale, que l'on commence à qualifier de "souveraineté". Par acculturation, l'offre et la demande de justice se rencontrent et tendent à consacrer les institutions royales en justice de "droit commun". Les résistances sont nombreuses de la part des justices concurrentes ; la cour du roi recevant cependant les plaintes de ces dernières et statuant sur les litiges, elle étend son influence et contribue à installer un État de droit."--Back of cover.
Baker Berry KJV254 .F67 2018

The rights of nature : a legal revolution that could save the world
Boyd, David R. 1964- author
Toronto, ON : ECW Press, [2017]
Introduction : three damaging ideas and a potential solution -- Part I. The rights of animals. The honorary vertebrate ; 1. Breakthroughs in understanding animal minds ; Lucy ; 2. The evolution of animal welfare ; 3. Can a chimpanzee be a legal person? ; 4. The expansion of animal rights -- Part II. The rights of species. A fish, a dam, and a lawsuit that changed the world ; 5. Saving endangered species : "whatever the cost" ; A dirty cop and the unicorn of the sea ; 6. Endangered species laws go global -- Part III. The rights of nature : from trees to rivers and ecosystems ; Walt Disney, the Sierra Club, and the Mineral King Valley ; 7. Watershed moments : asserting the rights of American ecosystems ; 8. A river becomes a legal person ; The land was here first ; 9. Te Urewera : the ecosystem formerly known as a national park -- Part IV. The rights of nature : new constitutional and legal foundations ; A river goes to court ; 10. Pachamama and Ecuador's pioneering constitution ; An unlikely president and champion for nature's rights ; 11. Bolivia and the rights of Mother Earth ; A voice for the Great Barrier Reef ; 12. Global game changers -- Conclusion. Right planet, rights time.

"Palila v Hawaii. New Zealand's Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building--in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species--from birds to lions--have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems--rivers, forests, mountains, and more--have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever."--
Baker Berry K3585 .B693 2017

Gender, conflict and international humanitarian law : a critique of the 'principle of distinction'
Stern, Orly, author
London ; Routledge, Taylor & Francis Group, 2019
The principle of distinction -- Women in conflict in Africa -- Gender and international humanitarian law -- The divide between international and non-international armed conflicts : a precursory step to the application of the principle of distinction -- Applying the principle of distinction to women in African war -- Does the principle of distinction serve women in modern conflict?

"This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations"--
Baker Berry KZ6515 .S74 2019