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The Judge C. Ben Green Law Library News

Updates from your helpful library staff.

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New Books

Comparing Cabinets

Why is cabinet government so resilient? Despite many obituaries, why does it continue to be the vehicle for governing across most parliamentary systems? Comparing Cabinets answers these questions by examining the structure and performance of cabinet government in five democracies: the UnitedKingdom, Denmark, the Netherlands, Switzerland, and Australia.The book is organised around the dilemmas that cabinet governments must solve: how to develop the formal rules and practices that can bring predictability and consistency to decision making; how to balance good policy with good politics; how to ensure cohesion between the factions and parties thatconstitute the cabinet while allowing levels of self-interest to be advanced; how leaders can balance persuasion and command; and how to maintain support through accountability at the same time as being able to make unpopular decisions. All these dilemmas are continuing challenges to cabinetgovernment, never solvable, and constantly reappearing in different forms. Comparing distinct parliamentary systems reveals how traditions, beliefs, and practices shape the answers. There is no single definition of cabinet government, but rather arenas and shared practices that provide somecohesion. Such a comparative approach allows greater insight into the process of cabinet government that cannot be achieved in the study of any single political system, and an understanding of the pressures on each system by appreciating the options that are elsewhere accepted as commonbeliefs.

Asian American Connective Action in the Age of Social Media

Social media provides ethno-racial immigrant groups--especially those who cannot vote due to factors such as lack of citizenship and limited English proficiency--the ability to mobilize and connect around collective issues. Online spaces and discussion forums have encouraged many Asian Americans to participate in public policy debates and take action on social justice issues. This form of digital group activism serves as an adaptive political empowerment strategy for the fastest-growing and largest foreign-born population in America. Asian American Connective Action in the Age of Social Media illuminates how associating online can facilitate and amplify traditional forms of political action.   James Lai provides diverse case studies on contentious topics ranging from affirmative action debates to textbook controversies to emphasize the complexities, limitations, and challenges of connective action that is relevant to all racial groups. Using a detailed multi-methods approach that includes national survey data and Twitter hashtag analysis, he shows how traditional immigrants, older participants, and younger generations create online consensus and mobilize offline to foment political change. In doing so, Lai provides a nuanced glimpse into the multiple ways connective action takes shape within the Asian American community.

Citizenship on the Edge

What does it mean to claim, two decades into the twenty-first century, that citizenship is on the edge? The questions that animate this volume focus attention on the relationships between liberal conceptions of citizenship and democracy on one hand, and sex, race, and gender on the other. Who "counts" as a citizen in today's world, and what are the mechanisms through which the rights, benefits, and protections of liberal citizenship are differentially bestowed upon diverse groups? What are the relationships between global economic processes and political and legal empowerment? What forms of violence emerge in order to defend and define these rights, benefits, and protections, and how do these forms of violence reflect long histories? How might we recognize and account for the various avenues through which people attempt to make themselves as political subjects? Citizenship on the Edge approaches these questions from multiple disciplines, including Africana Studies, anthropology, disability studies, film studies, gender studies, history, law, political science, and sociology. Contributors explore the ways in which compounding social inequalities redound to the conditions and expressions of citizenship in the U.S. and throughout the world. They give a sense of the breathtaking range of the ways that citizenship is controlled, repressed, undercut, and denied at the same time as they outline people's attempts to claim citizenship in ways that are meaningful to them. From university speech policies, to labor and immigration policies, to a rethinking of the security theatre, to women's empowerment in the family and economy and a rethinking of marriage and the family, we see slivers of possibility for a more inclusive and less hostile world, in which citizenship is no longer so in doubt, so on the edge, for so many. As a whole, the volume argues that citizenship cannot be conceptualized as a transcendent good but must instead always be contextualized within specific places and times, and in relation to dynamic struggle. Contributors: Erez Aloni, Ange-Marie Hancock Alfaro, Nancy J. Hirschmann, Samantha Majic, Valentine M. Moghadam, Michael Rembis, Tracy Robinson, Ellen Samuels, Kimberly Theidon, Deborah A. Thomas.

Public Policy Writing That Matters

A thoroughly updated and expanded guide to honing your public policy writing skills--and making a significant impact on the world. Professionals across a variety of disciplines need to write about public policy in a manner that inspires action and genuine change. You may have amazing ideas about how to improve the world, but if you aren't able to communicate these ideas well, they simply won't become a reality. In Public Policy Writing That Matters, communications expert David Chrisinger, who directs the Harris Writing Program at the University of Chicago and worked in the US Government Accountability Office for a decade, argues that public policy writing is most persuasive when it tells clear, concrete stories about people doing things. Combining helpful hints and cautionary tales with writing exercises and excerpts from sample policy analysis, Chrisinger teaches readers to craft concise, story-driven pieces that exceed the stylistic requirements and limitations of traditional policy writing. Aimed at helping students and professionals overcome their default impulses to merely "explain," this book reveals proven tips--tested in the real world and in the classroom--for writing sophisticated policy analysis that is also easy to understand. For anyone interested in planning, organizing, developing, writing, and revising accessible public policy, Chrisinger offers a step-by-step guide that covers everything from the most effective use of data visualization to the best ways to write a sentence, from the ideal moment for adding a compelling anecdote to advice on using facts to strengthen an argument. This second edition addresses the current political climate and touches on policy changes that have occurred since the book was originally published. A vital tool for any policy writer or analyst, Public Policy Writing That Matters is a book for everyone passionate about using writing to effect real and lasting change.

Preventing Mass Human-Rights Violations and Atrocity Crimes

The problem of preventing mass human-rights violations and atrocity crimes is one of the key issues in international relations. The book presents the capacity of the international community in the field. The available instruments of early warning, preventive diplomacy as well as legal, economic, and military measures of prevention are included. Cases of Chechnya, Rwanda, Côte d'Ivoire and Libya allowed the analysis of international engagement in typical situations involving mass human-rights violations and atrocity crimes related to self-determination, ethnic tensions, power struggles and attempts to overthrow a dictatorship. They show that although the international community has significantly increased its capacity to prevent, it has not created a coherent system of prevention.

Natural Law and Thomistic Juridical Realism

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

International Law of Taxation

In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law.Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rightslaw, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.

Proportionality in Crime Control and Criminal Justice

This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law.In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.

Human Rights Commitments of Islamic States

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

Championship Mock Trial: The Guide For Students And Coaches

This book is a comprehensive guide to mock trial. If you’re a beginner, Championship Mock Trial will teach you the nuts and bolts you need to be competitive. If you’re experienced, this book’s advanced advice will take you from good to great.

Model Rules of Professional Conduct

The Rules, with some variations, have been adopted in 50 jurisdictions. Federal, state, and local courts in all jurisdictions look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more. The Model Rules of Professional Conduct are intended to serve as a national framework for implementation of standards of professional conduct.

Banking Law Essentials

To help you decipher the complexities of banking law, this user-friendly guide provides a basic understanding to this specialty area. From outlining what is a bank to identifying your clients, this primer helps you understand "just the basics." Included is a comprehensive appendix of acronyms, lingo, and jargon that is easily accessible and includes banking terms, legal references, definitions, and more.

Antitrust Law Developments (Ninth)

This 2-volume set updates you on key decisions in the courts, and developments at the enforcement agencies, keeping you current in every area of antitrust practice. Antitrust Law Developments (Ninth Edition) is the seminal comprehensive review of federal antitrust law, with reports on current case law and administrative and legislative developments current through 2021. This 2-volume set updates you on key decisions in the courts, and developments at the enforcement agencies, keeping you current in every area of antitrust practice. Each edition of Antitrust Law Developments is designed to improve upon, as well as update, prior editions, and to ensure consistency with ever-changing developments in this dynamic area of law. Antitrust Law Developments is the product of an enormous team effort of Antitrust Section members and is a "must have" for every antitrust practitioner

Real Americans

On January 6, 2021, white supremacists, Christian nationalists, and other supporters of President Donald Trump stormed the US Capitol in an attempt to overturn the results of the 2020 presidential election. The insurrection was widely denounced as an attack on the Constitution, and the subsequent impeachment trial was framed as a defense of constitutional government. What received little attention is that the January 6 insurrectionists themselves justified the violence they perpetrated as a defense of the Constitution; after battling the Capitol police and breaking doors and windows, the mob marched inside, chanting "Defend your liberty, defend the Constitution." In Real Americans: National Identity, Violence, and the Constitution Jared A. Goldstein boldly challenges the conventional wisdom that a shared devotion to the Constitution is the essence of what it means to be American. In his careful analysis of US history, Goldstein demonstrates the well-established pattern of movements devoted to defending the power of dominant racial, ethnic, and religious groups that deploy the rhetoric of constitutional devotion to express their national visions and justify their violence. Goldstein describes this as constitutional nationalism, an ideology that defines being an American as standing with, and by, the Constitution. This history includes the Ku Klux Klan's self-declared mission to "protect and defend the Constitution of the United States," which served to justify its campaign of violence in the 1860s and 1870s to prevent Black people from exercising the right to vote; Protestant Americans who felt threatened by the growing population of Catholics and Jews and organized mass movements to defend their status and power by declaring that the Constitution was made for a Protestant nation; native-born Americans who resisted the rising population of immigrants and who mobilized to exclude the newcomers and their alien ideas; corporate leaders arguing that regulation is unconstitutional and un-American; and Timothy McVeigh, who believed he was defending the Constitution by killing 168 people with a truck bomb. Real Americans: National Identity, Violence, and the Constitution reveals how the Constitution as the central embodiment and common ground of American identity has long been used to promote conflicting versions of American identity and to justify hatred, violence, and exclusion.

The United States of Anonymous

In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.

Gangs on Trial

John Hagedorn, who has long been an expert witness in gang-related court cases, claims that what transpires in the trials of gang members is a far cry from what we would consider justice. In Gangs on Trial, he recounts his decades of experience to show how stereotypes are used against gang members on trial and why that is harmful. Hagedorn uses real-life stories to explain how implicit bias often replaces evidence and how the demonization of gang members undermines fairness. Moreover, a "them and us" mentality leads to snap judgments that ignore the complexity of gang life in America. Gangs on Trial dispels myths about gangs and recommends tactics for lawyers, mitigation specialists, and expert witnesses as well as offering insights for jurors. Hagedorn describes how minds are subconsciously "primed" when a defendant is identified as a gang member, and discusses the "backfire effect," which occurs when jurors hear arguments that run counter to their beliefs. He also reveals how attributional errors, prejudice, and racism impact sentences of nonwhite defendants. Hagedorn argues that dehumanization is the psychological foundation of mass incarceration. Gangs on Trial advocates for practical sentencing reforms and humanizing justice.

The Unwritten Brazilian Constitution

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal - STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

The Law of Humanity Project

This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances "the law of humanity project". In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law - a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.

Women, Children and (Other) Vulnerable Groups

In an era of almost boundless individual opportunities, vulnerability, paradoxically, has gained significant attention. Undoubtedly this book significantly contributes to the debates on this very complex phenomenon, dealing with both the specific aspects of vulnerable individuals and groups' legal positions, as well as presenting the concept of vulnerability in international law. This book brings together scholars engaging with legal and actual positions of women, children and other vulnerable persons. Authors in detail discuss - among others - such issues as: political violence, motherhood in prison, age assessing of foreigners, infanticide or exclusion of the elderly. It will be of interest for academics in the fields of law and sociology, as well as vulnerability-oriented practitioners.

Freedom Of Navigation And The Law Of The Sea: Warships, States, And The Use Of Force

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each.
The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defense's. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake.
Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

Linguistic Justice At The International Criminal Tribunal For The Former Yugoslavia

The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTYs language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.