Hello from the Law Library! Here are some items that I would like to highlight in our new book area in the law library. If you would like to check out the item, you can place a hold using the corresponding link:
Data Cartels : The Companies That Control and Monopolize Our Information
Call Number: KF2848.L35 2023
https://catalog.libraries.psu.edu/catalog/39305789
In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these “data cartels”, demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as “data analytics” or “business solutions” operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they’re doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.
The Legal Protection of Women from Violence : Normative Gaps in International Law
Call Number: K5191.W65L44 2018
https://catalog.libraries.psu.edu/catalog/34151108
Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalization of all forms of violence against women.
This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.
Beyond The Abortion Wars : A Way Forward for a New Generation
Call Number: HQ767.C253 2015
https://catalog.libraries.psu.edu/catalog/14082555
The abortion debate in the United States is confused. Ratings-driven media coverage highlights extreme views and creates the illusion that we are stuck in a hopeless stalemate. In this book (published in hardcover in March 2015) Charles Camosy argues that our polarized public discourse hides the fact that most Americans actually agree on the major issues at stake in abortion morality and law. Unpacking the complexity of the abortion issue, Camosy shows that placing oneself on either side of the typical polarizations — pro- life vs. pro-choice, liberal vs. conservative, Democrat vs. Republican — only serves to further confuse the debate and limits our ability to have fruitful dialogue. Camosy then proposes a new public policy that he believes is consistent with the beliefs of the broad majority of Americans and supported by the best ideas and arguments about abortion from both secular and religious sources.
Subversive Habits : Black Catholic Nuns in the Long African American Freedom Struggle
Call Number: BX1407.B63W55 2022
https://catalog.libraries.psu.edu/catalog/39308512
In Subversive Habits, Shannen Dee Williams provides the first full history of Black Catholic nuns in the United States, hailing them as the forgotten prophets of Catholicism and democracy. Drawing on oral histories and previously sealed Church records, Williams demonstrates how master narratives of women’s religious life and Catholic commitments to racial and gender justice fundamentally change when the lives and experiences of African American nuns are taken seriously. For Black Catholic women and girls, embracing the celibate religious state constituted a radical act of resistance to white supremacy and the sexual terrorism built into chattel slavery and segregation. Williams shows how Black sisters—such as Sister Mary Antona Ebo, who was the only Black member of the inaugural delegation of Catholic sisters to travel to Selma, Alabama, and join the Black voting rights marches of 1965—were pioneering religious leaders, educators, healthcare professionals, desegregation foot soldiers, Black Power activists, and womanist theologians. In the process, Williams calls attention to Catholic women’s religious life as a stronghold of white supremacy and racial segregation—and thus an important battleground in the long African American freedom struggle.
Human Trafficking
Call Number: KF9449.P34 2022
https://catalog.libraries.psu.edu/catalog/39678666
Slavery has not been eradicated. The second edition of Human Trafficking updates the legal, moral and political attempts to contain sex and labor trafficking. The authors bring unique perspectives to these topics. Professor Page, an African American woman all too familiar with the vestiges of slavery, has written and lectured internationally on trafficking. Professor Piatt, a Hispanic law professor and former law school dean, brings his international experience as an educator, author and advocate regarding immigration and human rights matters to bear. The book considers efforts at containment, including controversial topics such as whether prostitution should be legalized. It concludes with specific approaches to eliminate trafficking.
Reproductive Justice: The Politics of Health Care for Native American Women
Call Number: RG121.G87 2015
https://catalog.libraries.psu.edu/catalog/17036912
The book examines the reproductive healthcare experiences on Pine Ridge Reservation, home of the Oglala Lakota Nation in South Dakota—where Gurr herself lived for more than a year. Gurr paints an insightful portrait of the Indian Health Service (IHS)—the federal agency tasked with providing culturally appropriate, adequate healthcare to Native Americans—shedding much-needed light on Native American women’s efforts to obtain prenatal care, access to contraception, abortion services, and access to care after sexual assault. Reproductive Justice goes beyond this local story to look more broadly at how race, gender, sex, sexuality, class, and nation inform the ways in which the government understands reproductive healthcare and organizes the delivery of this care. It reveals why the basic experience of reproductive healthcare for most Americans is so different—and better—than for Native American women in general, and women in reservation communities particularly. Finally, Gurr outlines the strengths that these communities can bring to the creation of their own reproductive justice, and considers the role of IHS in fostering these strengths as it moves forward in partnership with Native nations.
Self-Representation : Law, Ethics, and Policy
Call Number: KF8897.G65 2022
https://catalog.libraries.psu.edu/catalog/36489441
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive “equal justice under law.” This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.
The Rights of the Accused Under the Sixth Amendment: Trials, Presentation of Evidence,
and Confrontation
Call Number: KF4558 6th.M37 2021
https://catalog.libraries.psu.edu/catalog/34874930
Both criminal defense lawyers and criminal prosecutors must thoroughly understand the rights of the accused under the Sixth Amendment in order to provide competent service and ensure that they are following all court procedures according to the rule of law. The Rights of the Accused under the Sixth Amendment provides an in-depth look at seven key aspects of this area of the law:
- The right to a speedy trial;
- The right to a jury trial;
- The right to a public trial;
- The place of prosecution;
- The right to be informed of the nature and cause of the accusations;
- The Confrontation Clause; and
- And the Compulsory Process Clause.
This third edition includes up-to-date coverage of the relevant case law and discussion of the Sixth Amendment in the context of emerging challenges—particularly the right to a speedy trial under the extraordinary circumstances of a global pandemic.
Who Saved Antarctica? : The Heroic Era of Antarctic Diplomacy
Call Number: KWX70.J33 2021
https://catalog.libraries.psu.edu/catalog/37401956
This book provides a diplomatic history of a turning point in Antarctic governance: the 1991 adoption of comprehensive environmental protection obligations for an entire continent, which prohibited mining. Solving the mining issue became a symbol of finding diplomatic consensus. The book combines historiographic concepts of contingency, conjuncture and accidental events with theories of structural, entrepreneurial and intellectual leadership. Drawing on archival documents, it shows that Antarctic governance is more adaptive than some imagine, and policy success depends on the interplay of normative practices, serendipitous events, public engagement and influential players able to exploit those circumstances. Ultimately, the events revealed in this book show that the protection of the Antarctic Treaty itself remains as important as protecting the Antarctic environment.
The Customary International Law of Human Rights
Call Number: K3240.S32 2021
https://catalog.libraries.psu.edu/catalog/38358790
Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law’s foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary
law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights.
The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council.
The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.