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Featured Acquisitions - April 2012

 

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The System of the Constitution by Adrian Vermeule
New York: Oxford University Press, 2011
KF4550 .V47 2011 Balcony

A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.


Avoiding Extinction: Reimagining Legal Services for the 21st Century by Mitchell Kowalski
Chicago, Ill.: American Bar Association, 2012
KF315 .K69 2012 Balcony

The past few years have seen incredible innovation and growth in the way legal services can be delivered--yet most law firms around the world continue to practice law the way it's been practiced for centuries, namely, as a labor-intensive endeavor carried out by high-priced lawyers billing by the hour.

In the book, you'll see how a typical big law firm fails to deliver real value to the client, resulting in dissatisfied clients and burned-out and stressed lawyers in the process. You'll discover the ways the firm can be redefined as a service corporation that is structured and managed in ways that truly deliver value to the client, profitability to the firm and career satisfaction to the lawyers. Then, by the book's end, you will know how to apply these ideas to your own situation and enjoy the benefits.

Avoiding Extinction makes the case for how the law firm of the future will succeed, with a laser-like focus on delivering high-quality legal services better, faster, and cheaper. This entertaining and instructive book is a must-read for anyone seeking a creative vision into what a new, truly different law firm could look like.


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Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America by Gilbert King
New York: Harper, 2012
HV9956.G76 K56 2012 Basement

Arguably the most important American lawyer of the twentieth century, Thurgood Marshall was on the verge of bringing the landmark suit Brown v. Board of Education before the U.S. Supreme Court when he became embroiled in an explosive and deadly case that threatened to change the course of the civil rights movement and cost him his life. In 1949, Florida's orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor. To maintain order and profits, they turned to Willis V. McCall, a violent sheriff who ruled Lake County with murderous resolve. When a white seventeen-year-old Groveland girl cried rape, McCall was fast on the trail of four young blacks who dared to envision a future for themselves beyond the citrus groves. By day's end, the Ku Klux Klan had rolled into town, burning the homes of blacks to the ground and chasing hundreds into the swamps, hell-bent on lynching the young men who came to be known as ‘the Groveland Boys.' And so began the chain of events that would bring Thurgood Marshall into the deadly fray. Associates thought it was suicidal for him to wade into the Florida Terror at a time when he was irreplaceable to the burgeoning civil rights movement, but the lawyer would not shrink from the fight - not after the Klan had murdered one of Marshall's NAACP associates involved with the case and Marshall had endured continual threats that he would be next. Drawing on a wealth of never-before-published material, including the FBI's unredacted Groveland case files, as well as unprecedented access to the NAACP's Legal Defense Fund files, King shines new light on this remarkable civil rights crusader, setting his rich and driving narrative against the heroic backdrop of a case that U.S. Supreme Court justice Robert Jackson decried as “one of the best examples of one of the worst menaces to American justice.”


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Quest for Justice: Defending the Damned by Richard S. Jaffe
Far Hills, NJ: New Horizon Press, 2012
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Framed for murder, Randal Padgett faced the death penalty. Evidence planted by police put James Willie "Bo" Cochran on death row for thirteen years. Charged and convicted based on untrue testimony, Gary Drinkard's execution date loomed over him. After being falsely identified as a gunman, Che Salvador Swindle was charged with capital murder.


Autopsy of a Merger by William M. Owen
Deerfield, Ill.: W.M. Owen, 1986
HD2746.5 .O96 1986 Reserve

This is the story of one of the most controversial mergers in corporate history: the acquisition of Trans Union Corporation by the billionaire Pritzker family of Chicago.

The $688 million deal was struck shortly before a gala opening night party commemorating the 26th season of Chicago’s Lyric Opera. What followed was an opera of another sort – a montage of drama, intrigue, tragedy, comedy hope, despair, broken dreams, and new opportunities, with a real-life cast of characters more captivating than one would find on any ordinary stage.

This timeless story of a megamerger in the Age of Mergermania should be read by everyone interested in mergers and acquisitions, leveraged buyouts, corporate governance, the social trauma of takeovers, and the impact of the media on major corporate transactions.


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The Machinery of Criminal Justice by Stephanos Bibas
New York: Oxford University Press, 2012
KF9223 .B53 2012 Balcony

Two centuries ago, the American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But over the last two centuries, lawyers have taken over the process, silencing victims and defendants and, in many cases, substituting a plea-bargaining system for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, interests, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys these developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. These ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.


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In Chambers: Stories of Supreme Court Law Clerks and Their Justices edited by Todd C. Peppers and Artemus Ward
Charlottesville: University of Virginia Press, 2012
KF8744 .I53 2012 Balcony

Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks -- including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III -- write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.


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The People's Courts: Pursuing Judicial Independence in America by Jed Handelsman Shugerman
Cambridge, Mass.: Harvard University Press, 2012
KF8776 .S54 2012 Balcony

In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People's Courts traces the history of judicial elections and Americans' quest for an independent judiciary-one that would ensure fairness for all before the law-from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People's Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.


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Lawyers in the Dock: Learning From Attorney Disciplinary Proceedings by Richard L. Abel
New York: Oxford University Press, 2008
KFN5076.5.A2 A73 2008 Annex 2nd Floor

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the U.S. is drastically contracted. Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession.


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Taming Globalization: International Law, the U.S. Constitution, and the New World Order by Julian Ku and John Yoo
Oxford; New York: Oxford University Press, 2012
KF4581 .K8 2012 Balcony

In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.