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Featured Acquisitions - February 2014

 

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Discover PLUS from PLI
Practising Law Institute

The eBook library of the Practising Law Institute, featuring access to PLI's collection of authoritative Treatises, Course Handbooks, Legal Forms, Program Transcripts, and Answer Books. The treatises and handbooks totals more than 200,000 pages, and there are more than 1,000 searchable and customizable legal forms available to search and download.

    


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Deadly Censorship: Murder, Honor and Freedom of the Press by James Lowell Underwood
Columbia, SC: University of South Carolina Press, 2013
Balcony KF224.T55 U53 2013

On January 15, 1903, South Carolina lieutenant governor James H. Tillman shot and killed Narciso G. Gonzales, editor of South Carolina's most powerful newspaper, the State. Blaming Gonzales's stinging editorials for his loss of the 1902 gubernatorial race, Tillman shot Gonzales to avenge the defeat and redeem his "honor" and his reputation as a man who took bold, masculine action in the face of an insult. James Lowell Underwood investigates the epic murder trial of Tillman to test whether biting editorials were a legitimate exercise of freedom of the press or an abuse that justified killing when camouflaged as self-defense. This clash--between the revered values of respect for human life and freedom of expression on the one hand and deeply engrained ideas about honor on the other--took place amid legal maneuvering and political posturing worthy of a major motion picture. One of the most innovative elements of Deadly Censorship is Underwood's examination of homicide as a deterrent to public censure. He asks the question, "Can a man get away with murdering a political opponent?" Deadly Censorship is courtroom drama and a true story. Deadly Censorship is a painstaking recreation of an act of violence in front of the State House, the subsequent trial, and Tillman's acquittal, which sent shock waves across the United States. A specialist on constitutional law, James Lowell Underwood has written the definitive examination of the court proceedings, the state's complicated homicide laws, and the violent cult of personal honor that had undergirded South Carolina society since the colonial era.


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Bosnia’s Million Bones: Solving the World’s Greatest Forensic Puzzle by Christian Jennings
New York, NY: Palgrave Macmillan, 2013
Basement HV8073 .J456 2013

The extraordinary story of how a team of international forensic scientists pioneered ground-breaking DNA technology to identify the bodies of thousands of victims of the Yugoslav Wars, and how their work is now giving justice to families from Iraq to Bosnia What would it be like to be tasked with finding, exhuming from dozens of mass graves, and then identifying the mangled body-parts of an estimated 8,100 victims of the 1995 Srebrenica massacre in eastern Bosnia? A leading forensic scientist likened it to "solving the world's greatest forensic science puzzle," and in 1999 one DNA laboratory, run by the International Commission on Missing Persons in Sarajevo, decided to do just that. Thirteen years on, the ICMP are the international leaders in using DNA-assisted technology to assist in identifying the thousands of persons worldwide missing from wars, mass human-rights abuses and natural disasters. Christian Jennings, a foreign correspondent and former staffer at the ICMP, tells the story of the organization, and how they are now gathering forensic evidence of those killed in Libya and Iraq, and tracing the victims of brutal regimes in Chile and Colombia. He describes too how they helped identify the victims of Hurricane Katrina and the Indian Ocean tsunami , in this moving and fast-paced story about the power of science to bring justice to broken countries. Now used as evidence at war crimes trials in The Hague, the technology described in Bosnia's Million Bones is an amazing story of modern science, politics, and the quest for truth. It is real-life CSI in action.


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The Cure in the Code: How 20th Century Law is Undermining 21st Century Medicine by Peter W. Huber
New York, NY: Basic Books, 2013
Basement RS380 .H83 2013

Never before have two revolutions with so much potential to save and prolong human life occurred simultaneously. The converging, synergistic power of the biochemical and digital revolutions now allows us to read every letter of life's code, create precisely targeted drugs to control it, and tailor their use to individual patients. Cancer, diabetes, Alzheimer's and countless other killers can be vanquished#151;if we make full use of the tools of modern drug design and allow doctors the use of modern data gathering and analytical tools when prescribing drugs to their patients. But Washington stands in the way, clinging to outdated drug-approval protocols developed decades ago during medicine's long battle with the infectious epidemics of the past. Peter Huber, an expert in science, technology, and public policy, demonstrates why Washington's one-size-fits-all drug policies can't deal with diseases rooted in the complex molecular diversity of human bodies. Washington is ill-equipped to handle the torrents of data that now propel the advance of molecular medicine and is reluctant to embrace the statistical methods of the digital age that can. Obsolete economic policies, often rationalized as cost-saving measures, stifle innovation and suppress investment in the medicine that can provide the best cures at the lowest cost. In the 1980s, an AIDS diagnosis was a death sentence, until the FDA loosened its throttling grip and began streamlining and accelerating approval of life-saving drugs. The Cure in the Code shows patients, doctors, investors, and policy makers what we must now do to capture the full life-saving and cost-saving potential of the revolution in molecular medicine. America has to choose. At stake for America is the power to lead the world in mastering the most free, fecund, competitive, dynamic, and intelligent natural resource on the planet: the molecular code that spawns human life and controls our health.


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Minds, Brains and Law: The Conceptual Foundations of Law and Neuroscience by Michael S. Pardo and Dennis Patterson
New York: Oxford University Press, 2013
Balcony K346 .P36 2013

Cognitive neuroscientists have deepened our understanding of the complex relationship between mind and brain and complicated the relationship between mental attributes and law. New arguments and conclusions, based on functional magnetic resonance imaging (fMRI), electroencephalography (EEG), and other increasingly sophisticated technologies, are being applied to debates and processes in the legal field, from lie detection to legal doctrine surrounding criminal law, including the insanity defense, to legal theory. In Minds, Brains, and Law, Michael S. Pardo and Dennis Patterson analyze questions that lie at the core of implementing neuroscientific research and technology within the legal system. They examine the arguments favoring increased use of neuroscience in law, the scientific evidence available for the reliability of neuroscientific evidence in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines. The authors also explore the basic philosophical questions that lie at the intersection of law, mind, and neuroscience. In doing so, they argue that mistaken inferences and conceptual errors arise from mismatched concepts, such as the disconnect between lying and what constitutes "lying" in many neuroscientific studies. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.


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The Milosevic Trial: An Autopsy edited by Timothy William Waters
Oxford, UK; New York : Oxford University Press, 2013
Basement KZ1203.M55 M56 2013

The Milosevic Trial: An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milosevic Trial: An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.


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Lives in the Balance: Asylum Adjudication by the Department of Homeland Security by Andrew I. Schoenholtz, Philip G. Scrag, and Jaya Ramji-Nogales
New York: New York University Press, 2014
Balcony KF4836 .S35 2014

Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors' recommendations¬, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.


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Lincoln in the World: The Making of a Statesman and the Dawn of American Power by Kevin Peraino
New York: Crown Publishers, 2013
Basement E469 .P47 2013

A captivating look at how Abraham Lincoln evolved into one of our seminal foreign-policy presidents--and helped point the way to America's rise to world power. This is the story of one of the most breathtaking feats in the annals of American foreign policy--performed by one of the most unlikely figures. Abraham Lincoln is not often remembered as a great foreign-policy president. He had never traveled overseas and spoke no foreign languages. And yet, during the Civil War, Lincoln and his team skillfully managed to stare down the Continent's great powers--deftly avoiding European intervention on the side of the Confederacy. In the process, the United States emerged as a world power in its own right. Engaging, insightful, and highly original, Lincoln in the World is a tale set at the intersection of personal character and national power. The narrative focuses tightly on five distinct, intensely human conflicts that helped define Lincoln's approach to foreign affairs--from his debate, as a young congressman, with his law partner over the conduct of the Mexican War, to his deadlock with Napoleon III over the French occupation of Mexico. Bursting with colorful characters like Lincoln's bowie-knife-wielding minister to Russia, Cassius Marcellus Clay; the cunning French empress, Eugénie; and the hapless Mexican monarch Maximilian-- Lincoln in the World draws a finely wrought portrait of a president and his team at the dawn of American power.

In the Age of Lincoln, we see shadows of our own world. The international arena in the 1860s could be a merciless moral vacuum. Lincoln's times demanded the cold, realistic pursuit of national interest, and, in important ways, resembled our own increasingly multipolar world. And yet, like ours, Lincoln's era was also an information age, a period of rapid globalization. Steamships, telegraph wires, and proliferating new media were transforming the world. Global influence required the use of "soft power" as well as hard. Anchored by meticulous research into overlooked archives, Lincoln in the World reveals the sixteenth president to be one of America's indispensable diplomats--and a key architect of America's emergence as a global superpower. Much has been written about how Lincoln saved the Union, but Lincoln in the World highlights the lesser-known--yet equally vital--role he played on the world stage during those tumultuous years of war and division.


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A New Introduction to American Constitutionalism by Mark A. Graber
Oxford; New York: Oxford University Press, 2013
Balcony KF4550 .G725 2013

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? And, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and apolitical culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.


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Extra-Legal Power and Legitimacy: Perspectives on Prerogative edited by Clement Fatovic and Benjamin A. Kleinerman
New York, NY: Oxford University Press, 2013
Balcony KF5060 .E98 2013

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.


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The Ashgate Research Companion to Feminist Legal Theory edited by Margaret Davies and Vanessa E. Munro
Farnham, Surrey, England; Burlington, VT: Ashgate, 2013
Balcony K349 .A74 2013

This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and contributes to the ongoing development of some of its new approaches, perspectives, and subject-matters.