Immigration and the Law : Race, Citizenship, and Social Control
Sofía Espinoza Álvarez; Martin Guevara Urbina (Editors)
Call Number: KF4819.I47135 2018
In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas. The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.
Cuban Civil, Commercial and Public Laws in English Translation, Volumes 1-3
Julio Romanach (Translated with commentary by)
Call Number: KGN43 2018 v.1-3
The Cuban Civil, Commercial and Public Laws in English Translation is, as its name suggests, a collection of basic laws of Cuba – of current and of significant prior laws that have been repealed in recent years. This publication, in three volumes, is designed to provide access to a wide variety of Cuban laws in English translation.
Sovereign Immunity Law
Marilyn E. Phelan; Kimberly Mayfield; Judge Jay M. Pat Phelan
Call Number: KF1321.P44 2019
This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also covers the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.
Rethinking US Election Law : Unskewing the System
Steven Mulroy
Call Number: KF4886.M85 2018
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability.
Rethinking Intellectual Property : Balancing Conflicts of Interest in the Constitutional Paradigm
Gustavo Ghidini
Call Number: K1401.G45 2018
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualization of the modern principles of intellectual property law at both a national and an international level. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.
Rethinking the Jurisprudence of Cyberspace
Chris Reed; Andrew Murray
Call Number: K564.C6R44 2018
Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there.
Rethinking Cyberlaw : A New Vision for Internet Law
Jacqueline Lipton
Call Number: KF390.5.C6L565 2015
The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field. The author argues that cyberlaw might best be considered a law of the ‘online intermediary,’ and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field.
The Most Dangerous Branch : Inside the Supreme Court’s Assault on the Constitution
David A. Kaplan
Call Number: KF8748.K37 2018
The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government–and how we’ve come to accept it at our peril. It is the nine justices who too often now decide the controversial issues of our time–from abortion and same-sex marriage, to gun control, campaign finance and voting rights. Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
A Court of Refuge : Stories From the Bench of America’s First Mental Health Court
Judge Ginger Lerner-Wren; Rebecca A. Eckland
Call Number: KF3828.5.L47 2018
In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court’s inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the United States. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue — and to change our attitudes about mental illness as a whole.
Bytes, Bombs, and Spies : The Strategic Dimensions of Offensive Cyber Operations
Herbert Lin; Amy Zegart (Editors)
Call Number: QA76.9.A25B98 2018
A new era of war fighting is emerging for the U.S. military. Hi-tech weapons have given way to hi tech in a number of instances recently. A computer virus is unleashed that destroys centrifuges in Iran, slowing that country’s attempt to build a nuclear weapon. ISIS, which has made the internet the backbone of its terror operations, finds its network-based command and control systems overwhelmed in a cyber attack. A number of North Korean ballistic missiles fail on launch, reportedly because their systems were compromised by a cyber campaign. Offensive cyber operations like these have become important components of U.S. defense strategy and their role will grow larger. But just what offensive cyber weapons are and how they could be used remains clouded by secrecy. This new volume by Amy Zegart and Herb Lin is a groundbreaking discussion and exploration of cyber weapons with a focus on their strategic dimensions. It brings together many of the leading specialists in the field to provide new and incisive analysis of what former CIA director Michael Hayden has called “digital combat power” and how the United States should incorporate that power into its national security strategy.