K - Law Acquisitions during March 2019

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近代立憲主義と他者 = Modern constitutionalism and others / 江藤祥平
江藤祥平, 1981- author
Tōkyō : Iwanami Shoten, 2018
Baker Berry Japan K3161 .E86 2018

Many nations under many gods : public land management and American Indian sacred sites
Morman, Todd Allin, 1969- author
Norman, OK : University of Oklahoma Press, [2018]
Introduction -- Protection of American Indian religious freedom and sacred sites : a recent development in the United States -- The Arizona Snowbowl Resort and the Hopis -- Cave Rock and the Washoe Tribe of Nevada and California -- Badger-Two Medicine and the Blackfeet Nation -- Four nations and five controversies in Indian religious freedom -- Improving protection of Indian sacred sites and reconceiving Indian sovereignty -- Conclusions.

"The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country’s governing class - as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, 'Many Nations under Many Gods' brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands."--Dust jacket.
Baker Berry KF5605 .M67 2018

Solemn words and foundational documents : an annotated discussion of Indigenous-Crown treaties in Canada, 1752-1923
Morin, Jean-Pierre, 1974- author
Toronto ; University of Toronto Press, [2018]
The making of the Peace and Friendship Treaties, 1725-1779 -- The making of the Huron-British Treaty of 1760 -- Upper Canada land surrenders : Rice Lake Treaty of 1818 -- The making of the Robinson-Huron Treaty, 1850 -- The making of the Vancouver Island Treaties : Saanich Treaties, 1852 -- The early numbered treaties : Treaty no. 6, 1876 -- The Northern numbered treaties : Treaty no. 8, 1899 -- The making of the Williams Treaties, 1923.

"In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents."--
Baker Berry KIB1810 .M67 2018

Wissensordnungen des Rechts im Wandel : päpstlicher Jurisdiktionsprimat und Zölibat zwischen 1000 und 1215
Dusil, Stephan, author
Leuven : Leuven University Press, [2018]
Baker Berry KBR160 .D87 2018

The free speech century
edited by Lee C. Bollinger and Geoffrey R. Stone
New York, NY : Oxford University Press, [2019]
Dialogue / Lee C. Bollinger & Geoffrey R. Stone -- Rights skepticism and majority rule at the birth of the modern first amendment / Vincent A. Blasi -- Every possible use of language? / Frederick Schauer -- Rethinking the myth of the modern first amendment / Laura Weinrib -- The discursive benefits of structure: federalism and the first amendment / Heather K. Gerken -- Citizens united: predictions and reality / Floyd Abrams -- On the legitimate aim of congressional regulation of political speech : an originalist view / Lawrence Lessig -- The classic first amendment tradition under stress : freedom of speech and the university / Robert C. Post -- Keeping secrets / David A. Strauss -- The first amendment : an equality reading / Catharine A. MacKinnon -- Does the clear and present danger test survive cost-benefit analysis? / Cass R. Sunstein -- Reflections on the firstness of the first amendment / Albie Sachs -- Freedom of expression abroad : the state of play / Tom Ginsburg -- Hate speech at home and abroad / Sarah H. Cleveland -- The unintentional press: how technology companies fail as publishers / Emily Bell -- Defining the boundaries of free speech on social media / Monika Bickert -- Is the first amendment obsolete? / Tim Wu -- Epilogue / Lee C. Bollinger & Geoffrey R. Stone.

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today. --
Baker Berry KF4772 .F737 2019

The Cambridge handbook of deliberative constitutionalism
edited by Ron Levy, Australian National University, Canberra; Hoi Kong, McGill University, Montréal; Graeme Orr, University of Queensland; Jeff King, University College London
Cambridge, United Kingdom ; Cambridge University Press, 2018
Reasoned administration and democratic legitimacy : reflections on American hybrid / Jerry L. Mashaw -- Deliberative constitutionalism in the national security setting / Mary B. DeRosa and Mitt C. Regan, Jr. -- Deliberative constitutionalism through the lens of the administrative state / David Dyzenhaus -- Deliberative ideals and constitutionalism in the administrative state / Geneviève Cartier -- Parliamentary human rights vetting and deliberation / George Williams and Daniel Reynolds -- Constitutional deliberation in the legislative process / Gabrielle Appleby and Anna Olijnyk -- Deliberative federalism / Robyn Hollander and Haig Patapan -- Separation of powers and deliberative democracy / Danny Gittings -- Dialogue, deliberation and human rights / Alison L. Young -- The deliberative constitution at common law / T.R.S. Allan -- The role of snap judgments in constitutional deliberation : a dialectical equilibrium model / Jonathan Crowe -- Deliberating about constitutionalism / Mark D. Walters -- Compromise in deliberative constitutionalism / Daniel Weinstock -- Constitutional change through deliberation / Pavlos Eleftheriadis -- In defence of empirical entanglement : the methodological flaw in Waldron's case against judicial review / Theunis Roux -- Deliberative constitutionalism: an empirical dimension / Eric Ghosh -- The jury system as a cornerstone of deliberative democracy / John Gastil and Dennis Hale -- Ideas of constitutions and deliberative democracy and how they interact / John Parkinson -- Kickstarting the bootstrapping : Jürgen Habermas, deliberative constitutionalisation, and the limits of proceduralism / Simone Chambers -- Deliberative democracy and the doctrine of unconstitutional constitutional amendments / Joel Colón-Ríos -- Squaring the circle? Bringing deliberation and participation together in processes of constitution-making / Silvia Suteu and Stephen Tierney -- Mini-publics and deliberative constitutionalism / Stephen Elstub and Gianfranco Pomatto -- Popular constitutionalism and constitutional deliberation / Gideon Sapir -- Constitutional reform and the problem of deliberation : building a 'civics infrastructure' for meaningful debate / Sarah Sorial -- Deliberative or performative? Constitutional reform proposals and the politics of public engagement / Chris Shore and David V. Williams -- The 'elite problem' in deliberative constitutionalism / Ron Levy.

"This book aims in equal parts at fusion and creation. It combines insights from two vast and important fields - deliberative democracy and constitutionalism. And, taken as a whole, it yields not merely a sum of parts, but something singular and new. All of the book's chapters respond to aspects of the following questions: How do judges, ordinary citizens, legislators and others deliberate about constitutional norms? And how do the features of a constitution, such as human rights, separation of powers and federalism, affect how democracies deliberate? These questions invite authors to describe two broad strands of connection between the fields, focusing at turns on how democratic deliberation shapes constitutionalism and how constitutionalism shapes democratic deliberation"--
Baker Berry K3165 .C3443 2018

Separate : the story of Plessy v. Ferguson, and America's journey from slavery to segregation
Luxenberg, Steve, author
New York : W. W. Norton & Company, [2019]
Taking their seats : Massachusetts, 1838-1843 -- Harlan of Kentucky : 1853-1857 -- Brown of New England : 1856-1857 -- Tourgee of Ohio : 1858-1860 -- The free people of color : New 0rleans, 1860 -- "The Harlan name" : Kentucky, 1858-1862 -- "A war of which no man can see the end" : Brown in Detroit, 1860-1864 -- "For this I am willing to die" : Tourgee on the march, 1861-1863 -- "Claim your rights" : New Orleans and Washington, 1863-1864 -- Choosing sides : Harlan in Kentucky, 1865-1871 -- "A taste for judicial life" : Brown in Detroit, 1866-1872 -- Tourgee goes South : North Carolina, 1865-1870 -- Equal but separate : New Orleans and the north, 1867-1871 -- "Is not Harlan the man?" : Kentucky and Washington, 1875-1878 -- "Uncongenial strifes" : Brown and Tourgee, 1875-1879 -- Fool's errand : north and south, 1880-1883 -- The color line sharpens : 1883-1888 -- "The Negro question" : Mayville, Washington, and New Orleans, 1889-1890 -- "On behalf of 7,999,999 of my race" : New Orleans, Mayville, Detroit, and Washington, 1890-1891 -- Arrest : Mayville and New Orleans, 1892-1893 -- "You are fighting a great battle" : Washington, Mayville, and New Orleans, 1893-1895 -- "In the nature of things" : March, April, May 1896 -- Epilogue.

Documents the story of the infamous nineteenth-century Supreme Court ruling in favor of segregation, tracing the half-century of history that shaped the ruling and the reverberations that are still being felt today.
Baker Berry KF223.P56 L88 2019

Traumatic divorce and separation : the impact of domestic violence and substance abuse in custody and divorce
Fischel-Wolovick, Lisa, author
New York, NY : Oxford University Press, [2018]
Identifying the problem : traumatic divorce and separation -- The impact of divorce and separation on adults, children, and adolescents -- The struggle to define domestic violence -- The effects of trauma on children -- Gender bias in the family courts -- Intimate partner abuse, mental health, and substance abuse -- Economic and legal abuse -- An integrated mental health response in custody litigation -- The response to families engaged in traumatic divorce : judicial trends and reforms -- Expert testimony and custody evaluations -- Recommendations and conclusions : building an integrated response.

" ... Integrates the conflicting mental health perspectives concerning trauma theory and the study of divorce, in what the author has termed "traumatic divorce" -- that is, divorce complicated by the high-risk factors of domestic violence, mental illness, and/or substance abuse ... examines issues of financial disparities for women following divorce, traumatic symptoms in children and adults, and the legal controversies about the admissibility of psychological theories related to abuse. The author also addresses domestic violence as a gendered crime against women; the need for a trauma-informed judicial response" -- Page four of cover.
Baker Berry KF535 .F57 2018

The perplexity of a Muslim woman : over inheritance, marriage, and homosexuality
Yūsuf, Ulfah, author
Lanham, Maryland : Lexington Books, [2017]
Introduction -- Perplexity in inheritance -- Perplexity over marriage -- Perplexity over homosexuality -- Conclusion -- Appendix A: Index of Qur'anic verses -- Appendix B: Index of Hadiths (even those disputed) and historical accounts.

"Using the methodology of modern scholars in the fields of Arabic lexicography, linguistics, and psychoanalysis, Tunisian feminist scholar Olfa Youssef investigates the rulings about inheritance, marriage, and homosexuality in the Qur'anic text itself and compares them with the interpretations provided by male Muslim theologians and legal scholars from medieval times to the present. In this book, she makes five central arguments: (1) There is a discrepancy between the layered signification in the Qur'anic text itself and the sutured explanations by religious scholars which have been enacted into law in many Muslim countries today; (2) the plurality of meanings is the quintessential essence of the Qur'an as evidenced in the absence of any sura over which there was unanimous agreement among Muslim scholars; (3) when male privilege was at stake, male legal scholars, to protect their own interests, ignored the divine text and based their rulings on human consensus; (4) Muslim medieval views on gender and homosexuality were more tolerant than contemporary ones; and finally (5), preferring indetermination and perplexity over the finality and certainties found in the judgements of male theologians, Youssef argues that only God knows the Qur'an's true meaning. Her job as a Muslim female scholar is only to raise questions over those human interpretations that many Muslim societies mistake for divine will."--
Baker Berry KBP526.32.Y87 A34 2017

The third disestablishment : church, state, and American culture, 1940-1975
Green, Steven K. 1955- author
New York, NY : Oxford University Press, [2019]
Introduction -- The formative years : 1920-1940 -- Setting the stage : 1940-1946 -- The cases : 1947-1949 -- The 1950s : part one -- The 1950s : part two -- The school prayer cases -- The turning point -- Conclusion.

In 1947, the Supreme Court embraced the concept of church-state separation as shorthand for the meaning of the Establishment Clause of the First Amendment. The concept became embedded in Court's jurisprudence and remains so today. Yet separation of church and state is not just a legal construct; it is embedded in the culture. Church-state separation was a popular cultural ideal, chiefly for Protestants and secularists, long before the Supreme Court adopted it as a constitutional principle. While the Court's church-state decisions have impacted public attitudes-particularly those controversial holdings regarding prayer and Bible reading in public schools-the idea of church-state separation has remained relatively popular; recent studies indicate that approximately two-thirds of Americans support the concept, even though they disagree over how to apply it. 0In the follow up to his 2010 book The Second Disestablishment, Steven K. Green sets out to examine the development of modern separationism from a legal and cultural perspective. The Third Disestablishment examines the dominant religious-cultural conflicts of the 1930s-1950s between Protestants and Catholics, but it also shows how other trends and controversies during mid-century impacted both judicial and popular attitudes toward church-state separation: the Jehovah's Witnesses' cases of the late-30s and early-40s, Cold War anti-communism, the religious revival and the rise of civil religion, the advent of ecumenism, and the presidential campaign of 1960. The book then examines how events of the 1960s-the school prayer decisions, the reforms of Vatican II, and the enactment of comprehensive federal education legislation providing assistance to religious schools-produced a rupture in the Protestant consensus over church-state separation, causing both evangelicals and religious progressives to rethink their commitment to that principle.
Baker Berry KF4865 .G738 2019

Habeas data : privacy vs. the rise of surveillance tech
Farivar, Cyrus, author
Brooklyn, NY : Melville House Publishing, [2018]
Introduction -- Telephones : how a fateful call in 1965 from a Los Angeles pay phone still rings out today -- How the government cracked an iPhone-without Apple's help -- How one mugger's calls helped create the NSA's post-9/11 phone metadata surveillance program -- When Big Brother rides in the back seat -- Can the police use extrasensory technology to look into your house without a warrant? -- Why (amazingly) e-mail providers won't give up messages without a warrant, even though the Supreme Court has never ruled on the issue -- Why the eighteenth-century Constitution protects against twenty-first-century satellite-based tracking -- How your phone can lead the authorities right to your door -- Can police search your phone when you're arrested? -- Why privacy needs all of us -- Who watches the watchers?

"Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from reports about Cambridge Analytica, our data might be turned into a propaganda machine against us. In 10 crucial legal cases, [this book] explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy"--
Baker Berry Cook Easy KF1262 .F37 2018

One nation, under drones : legality, morality, and utility of unmanned combat systems
CAPT John E. Jackson, USN (Ret.)
Annapolis, Maryland : Naval Institute Press, [2018]
"One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as "drones." This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Although these systems seemed to emerge fully-developed into the skies above America's distant battlefields following the attacks of September 11, 2001, readers will discover that they actually trace their lineage to World War I, when the "automatic airplane/aerial torpedo," designed and built by the Sperry Gyroscope Company, made its first flight just over a century ago. Unmanned aircraft were used by various combatants in World War II and took many forms: from converted manned bombers to intercontinental attacks on the American homeland by rice-paper balloons. Technology developed in the latter decades of the 20th century enabled crews stationed thousands of miles away to attack targets on remote battlefields. Such long-range and remote-controlled weapons have been extensively used but are controversial from both legal and ethical standpoints. Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. Three dozen photographs display drones as small as an insect up to those as large as a 737 airliner. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come. "--
Baker Berry KZ6687 .O54 2018

Tariff negotiations and renegotiations under GATT and the WTO : procedures and practices
Hoda, Anwarul, 1938- author
Cambridge, United Kingdom ; Cambridge University Press, 2018
Preface to the second edition; Acknowledgements; Abbreviations; 1. Legal framework for tariff negotiations and renegotiations under GATT 1994; 2. Tariff conferences and rounds of multilateral trade negotiations; 3. Bilateral and plurilateral negotiations; 4. Practice and procedures in renegotiations; 5. Schedules of tariff concessions: rectification, modification and consolidation; 6. Conclusions; Appendix A. Key provisions in the Havana Charter and GATT 1994 and related decision and understandings; Appendix B. Decisions and declarations commencing rounds of multilateral trade negotiations; Appendix C. Protocols embodying the results of multilateral trade negotiations; Appendix D. Decisions on procedures on renegotiations, rectifications, modifications and related subjects; Bibliography.

"Over the past seven decades, since the General Agreement on Tariffs and Trade (GATT) was established in 1947, there has been a phenomenal increase in international trade in goods, largely due to sustained efforts by the world's main trading nations to reduce and eliminate tariff barriers in a multilaterally orchestrated manner. This publication reviews how the procedures and practices relating to tariff negotiations and renegotiations have evolved over this time. In particular, this new edition recounts how negotiations to expand the duty-free coverage of the Information Technology Agreement were concluded and provides an account of tariff renegotiations regarding successive enlargements of the European Union. It also covers tariff negotiations for the accession of a number of new members to the WTO, such as China and Russia. This book will be of particular interest to negotiators, members of government, trade ministries, economists and academics specialized in trade policy"--
Baker Berry K4600 .H63 2018

Becoming property : art, theory and law in early modern France
Scott, Katie, 1958- author
New Haven, CT : Yale University Press, 2018
Introduction : artists, authorship and property -- 1. "Ut pictura poesis" : matters of privilege and property -- 2. Emulation : privilege and plagiarism -- 3. Imitation : crimes of likeness -- 4. Invention : the secrets of colour -- 5. Art and industry : intellectual property and the French Revolution -- Appendix: Académie privileges.

This original and relevant book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today's copyright and patent) for books and inventions, and the translation of its legal terms by and for the image. Those terms are explored in their force of law and in relation to artistic discourse and creative practice in the early modern period. The consequences of commercially motivated law for art and its definitions, specifically its eventual separation from industry, are important aspects of the story. The artists who were caught up in disputes about intellectual property ranged from the officers of the Academy down to the lowest hacks of Grub Street. Lessons from this book may still apply in the 21st century; with the advent of inexpensive methods of reproduction, multiplication, and dissemination via digital channels, questions of intellectual property and the visual arts become important once more.
Baker Berry KJV3250 .S38 2018

Direito e marxismo : as novas tendências constitucionais da América Latina
Enzo Bello, Letícia Gonçalves Dias Lima, Martonio Mont' Alverne Barreto Lima, Sérgio Augustin, organizadores ; colaboradores, Alaôr Caffé Alves and ten others
Caxias do Sul, RS, Brasil : EDUCS, 2014
Carlos Nelson Coutinho, intelectual comunista / Leandro Konder -- A trajetória vermelha de Carlos Nelson Coutinho / Enzo Bello -- Emancipação e subjetividades coletivas no novo constitucionalismo latino-americano : uma análise da atuação política dos movimentos sociais na Bolívia, no Equador e no Brasil / Enzo Bello e Rene José Keller -- Diversidade, direitos humanos na perspectiva marxista / Idilia Fernandes -- Sólon descalço : alguns apontamentos sobre o marxismo e a história do direito / Júlio César de Oliveira Vellozo -- História constitucional e marxismo : a contribuição necessária / Martonio Mont' Alverner Barreto Lima -- Agendas da crítica crítica : "Marx, o intempestivo" / Francisco Louçã -- Marx, a forma jurídica e sua crítica / Enoque Feitosa e Lorena Freitas -- Sistema jurídico e dialética entre a estrutura social e a normatividade / Alaôr Caffé Alves -- Troca em Marx e direito : a vontade jurídica / Oscar Correas Vásquez e Sérgio Augustin -- O marxismo e a crise da racionalidade liberal no âmbito do direito e da política : democracia e os desafios da reconstrução da soberania política / Newton de Menezes Albuquerque -- Sustentabilidade e capitalismo : elementos para uma análise marxista / Ronaldo Coutinho.
Baker Berry KG548.A6 C653 2013

Ocherki istorii i︠u︡stit︠s︡ii Saratovskogo krai︠a︡ : k 200-letii︠u︡ sozdanii︠a︡ Ministerstva i︠u︡stit︠s︡ii Rossii
Galkin, I︠U︡. V
Saratov : "Invest-Market", 2002
Baker Berry KLB2935.S28 G26 2002

A.S. Zarudnyĭ : i︠u︡rist i obshchestvennyĭ dei︠a︡telʹ
Varfolomeev, I︠U︡. V
Saratov : Izd-vo "Nauchnai︠a︡ kniga", 2002
Baker Berry KLA110.Z378 V374 2002