Effective persuasion is an art; an art which can be learned and perfected with practice and insight into human behavior. This innovative book, written for lawyers and those interested in the science of persuasion in a legal setting, is the first to explain how key concepts from psychology, sociology, and communication science can be productively applied to the art of persuasion in international dispute resolution.

Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioral sciences that can assist in the development of those key skills associated with success in arbitration.

Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world’s leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain “the edge” when it comes to using negotiation in their dispute resolution practice.

Constitutional policing : striving for a more perfect union

Call Number:  KF4695.C66 2023

https://catalog.libraries.psu.edu/catalog/42545830

There is not a single place in America where police and the community they serve do not exist side by side. America has always been the gold standard of democracy and freedom in the world. It has also been valued as a place where equal justice under the law is the rule and not the exception. While the nation is great in so many ways, it is not perfect. “We the people” continue to be challenged in two significant areas of development. One is in matters of “race,” and the other is in matters of “policing.” The issues of “race and policing” continue to lie at the center of our nation’s struggle to “form a more perfect union.” This book, Constitutional Policing: Striving for a More Perfect Union, examines the issues of policing in America and the pathways to achieve a level of constitutional policing that begins to address how our diverse nation and the communities we live in can become safer, more equitable, more respectful of our differences. The chapters in this book detail the legal challenges that will have to be engaged in if there is any hope of our communities becoming places where we truly are engaging the possibilities of government “of people, by the people, for the people.”

Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing in Rules for Whistleblowers, Stephen Martin Kohn’s seventh book on whistleblowing. This book is a fully updated and expanded revision of The Whistleblower’s Handbook, the first-ever comprehensive consumer guide to exposing workplace wrongdoing. Kohn’s thirty-seven rules highlight the “traps” facing whistleblowers today and address how to file anonymous cases and qualify for multi-million-dollar rewards. Kohn carefully explains complex rules and laws governing whistleblowing including the Dodd-Frank, IRS, and False Claims Acts, as well as detailed strategies for fighting retaliation. He also covers controversial issues such as taping, removing documents, and ignoring nondisclosure agreements.

Modernized laws have revolutionized the rights of employees both in the United States and internationally, enabling whistleblowers to be paid over $10 billion in rewards for doing the right thing. No employee should blow the whistle without knowing their rights. Too much is at stake.

What happens when a former political journalist, operative, and consultant in her forties loses faith in her country, moves to a foreign land to seek solace, but still can’t quite give up on the promise of America? And what if—right at that moment—a former schoolteacher and serial entrepreneur is seeking an authentic voice with a healthy amount of skepticism to help him develop a new movement he’s been building up to his entire career?

Welcome to the story of Kerra Bolton, an accomplished Black journalist who broke up with her home country over its wild identity dysphoria in 2016. Disillusioned and disgusted with America’s unwillingness to face the ugly realities of its birth and socio-political legacy, Bolton fled to the peaceful beaches of the Mexican Caribbean to soothe her wounded spirit. Little did she suspect that the seeds of her spiritual and emotional healing would come in the form of a phone call from a Pennsylvania-based educator and innovator, who had one more trick up his sleeve and believed she could help with his vision.

This book is the culmination of four years of research, interviews, writing, and outreach by Bolton, in service of helping entrepreneur and author Ted Wachtel develop a new social movement, Building A New Reality. It tells, in the context of her personal and professional struggles, the story of this unlikely collaboration that has launched a quiet revolution by conversation.

The Constitutionalization of Human Rights Law analyses how lawyers representing refugees use human rights provisions in national constitutions to close the gap between the Law and its implementation. Focusing on five countries (Colombia, Mexico, South Africa, Uganda, and the United States) the book examines how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation
under international law to protect refugees. For this reason, cause lawyers (those who use the law to empower others) have turned to constitutionalized human rights law. While many countries likely included such provisions in their constitutions without intending to fulfill their commitments, cause lawyers have
seized on them as a more enforceable means of rights protection. This book theorizes a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. It makes important contributions to three strands of socio-legal literature. As to the effectiveness of human rights treaties, it provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyses how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients.

Homeless advocacy

Call Number:  KF336.H66 2023

https://catalog.libraries.psu.edu/catalog/42525990

Homeless Advocacy examines the role legal advocacy plays in preventing and ending homelessness. The book provides a history of homelessness, the current state of it in the United States, context on working with unhoused populations, and analyzes the legal issues they face through a practitioner’s lens. With these topics, ranging from criminalization of homelessness to employment barriers and affordable housing, the author provides a resource that will encourage and enable more people to advocate on behalf of unhoused populations and will serve as a guidepost to advance that advocacy.

There are many books on poverty, but this book is different and complementary as it focuses on the unhoused population and the legal challenges unique to them. It is aimed at law students, policy makers, social work students at the undergraduate and graduate levels, and individual activists. It includes narratives from practitioners and those with lived experience of being unhoused.

Antebellum New Orleans sat at the heart of America’s slave and cotton kingdoms. It was also where yellow fever epidemics killed as many as 150,000 people during the nineteenth century. With little understanding of mosquito-borne viruses―and meager public health infrastructure―a person’s only protection against the scourge was to “get acclimated” by surviving the disease. About half of those who contracted yellow fever died.

Repeated epidemics bolstered New Orleans’s strict racial hierarchy by introducing another hierarchy, what Kathryn Olivarius terms “immunocapital.” As this highly original analysis shows, white survivors could leverage their immunity as evidence that they had paid their biological dues and could then pursue economic and political advancement. For enslaved Blacks, the story was different. Immunity protected them from yellow fever, but as embodied capital, they saw the social and monetary value of their acclimation accrue to their white owners. Whereas immunity conferred opportunity and privilege on whites, it relegated enslaved people to the most grueling labor.

The question of good health―who has it, who doesn’t, and why―is always in part political. Necropolis shows how powerful nineteenth-century white Orleanians―all allegedly immune―pushed this politics to the extreme. They constructed a society that capitalized mortal risk and equated perceived immunity with creditworthiness and reliability. Instead of trying to curb yellow fever through sanitation or quarantines, immune white Orleanians took advantage of the chaos disease caused. Immunological discrimination therefore became one more form of bias in a society premised on inequality, one more channel by which capital disciplined and divided the population.

Legal analytics : the future of analytics in law

Call Number:  K487.T4L433 2023

https://catalog.libraries.psu.edu/catalog/42231829

The global battle among the three dominant digital powers–the United States, China, and the European Union–is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires, her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.

Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches–the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model–and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear.

Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.