masthead

Featured Acquisitions - November 2014

 

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Hate Crimes in Cyberspace by Danielle Keats Citron
Cambridge, Massachusetts: Harvard University Press, 2014
Basement HV6773.15.C92 C57 2014

Most Internet users are familiar with trolling - aggressive, foul-mouthed posts designed to elicit angry responses in a site’s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible to stop, Hate Crimes in Cyberspace reveals the serious emotional, professional, and financial harms incurred by victims. Persistent online attacks disproportionately target women and frequently include detailed fantasies of rape as well as reputation-ruining lies and sexually explicit photographs. And if dealing with a single attacker’s “revenge porn” were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber-mobs. Hate Crimes in Cyberspace rejects the view of the Internet as an anarchic Wild West, where those who venture online must be thick-skinned enough to endure all manner of verbal assault in the name of free speech protection, no matter how distasteful or abusive. Cyber-harassment is a matter of civil rights law, Citron contends, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.


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The Return of George Washington: 1783-1789 by Edward J. Larson
New York, NY: William Morrow, 2014
Basement E312.29 .L37 2014

After commanding the Continental Army to victory in the Revolutionary War, General Washington stunned the world: He retired. Four years later, as he rode from Mount Vernon to lead the Constitutional Convention, he was the one American who could united the rapidly disintegrating country. This is the little-known story of the return of George Washington. In this groundbreaking new look at our first citizen, Pulitzer Prize-winning historian Edward J. Larson masterfully chronicles how George Washington saved the United States by coming out of retirement four years after the War of Independence to lead a country on the brink of dissolution and secure its future. Though the period between the Revolution and the Presidency has previously been neglected in studies of Washington's life, Larson's striking reassessment shows that Washington's greatness in fact rests on these years--1783 to 1789--and rightfully elevates our foremost Founding Father's "forgotten years" to a central place in the American story. In December 1783, Washington, the most powerful and popular man in America, stepped down as commander in chief and returned to private life as a farmer and landowner.

Yet as Washington found happiness in successfully growing his Virginia estate, the fledgling American experiment foundered under the Articles of Confederation. Sectional bickering paralyzed government; debts went unpaid; the economy stagnated; national security was neglected; the union of states was in peril. When a Constitutional Convention was called to forge a new government, its chances of success were slim. Benjamin Franklin, James Madison, Alexander Hamilton, and other leaders realized only one American--the retired hero George Washington--could unite the fractious states. After months of anguish, Washington answered the call and left his beloved Mount Vernon in the spring of 1787 to preside over the convention in Philadelphia. Although Washington is overlooked in most accounts, Larson brilliantly uncovers Washington's vital role in shaping the Constitution--and shows, as never before, how it was only with Washington's spirited behind-the-scenes influence that the delegates passed, and the states later ratified, the founding document that has guided our government to this day. From the moment of General Washington's resignation to his victory in the first federal elections and his triumphant inauguration in New York as our first President, The Return of George Washington is a landmark work that will forever change our understanding and appreciation of America's great founder.


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Social Media and the Law: A Guidebook for Communication Students and Professionals edited by Daxton R. Chip Stewart
New York: Routledge, 2013
Online KF320.A9 S625 2013

Social media platforms like Facebook, Twitter, Pinterest, YouTube, and Flickr allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients?

In Social Media and the Law, eleven media law scholars address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and WikiLeaks. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.


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The Death Penalty in American Cinema: Criminality and Retribution in Hollywood Film by Yvonne Kozlovsky-Golan
London; New York, NY: I.B. Tauris 2014
Basement PN1995.9.C3325 K695 2014

Killing as punishment in the USA, whether ordained by lynch mob or the courts, reflects a paradox of the American nation: liberal, pluralistic, yet prone to lethal violence. This book examines the encounter between the legal history of the death penalty in America and its cinematic representations, through a comprehensive narrative and historical view of films dealing with this genre, from the silent era to the present. It addresses central issues of, for example, racial prejudice and attitudes towards the execution of women, and discusses how cinema has chosen to deal with them. It explores how such films as Michael Curtiz's 20,000 Years in Sing Sing, Errol Morris' documentary The Thin Blue Line, John Singleton's Rosewood and Frank Darabont's death-row movie The Green Mile, have helped to shape real historical developments and public perceptions by bringing into sharper relief the legal, social, and cultural tensions associated with capital punishment. In the process, it illuminates the complexities of the death penalty through US history.


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The Copyright Wars: Three Centuries of Trans-Atlantic Battle by Peter Baldwin
Princeton, New Jersey: Princeton University Press, 2014
Balcony and Online K1420.5 .B359 2014

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright--and its violation--a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries--and their history is essential to understanding today's battles. The Copyright Wars --the first major trans-Atlantic history of copyright from its origins to today-- tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America?

The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world's intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors' rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment--a history that reveals that today's open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.


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Handbook on International Sports Law by James A.R. Nafziger and Stephen F. Ross
Cheltenham, UK; Northampton, MA: Edward Elgar, c2011
Online K3702 .H36 2011

This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law.

The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law.

This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players’ agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook.


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The First Amendment and the Business Corporation by Ronald J. Colombo
New York: Oxford University Press, 2015
Balcony KF1416 .C65 2015

The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.


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One Size Never Fits All: Business Development Strategies Tailored for Women (And Most Men) by Arin N. Reeves
Chicago, Illinois: American Bar Association, 2014
Career and Professional Development Resources HD30.28 .R44 2014

Women have achieved equality in professional service firms by many metrics (graduates, new hires, new partners) but not in one crucial regard: women still are not rising to top leadership positions. In large part, this is due to a real inequality in the amount of business generated by female partners. Most firms continue to encourage the use of traditional business development strategies, but these strategies have failed women. Through her original research, detailed in the book, Dr. Arin Reeves discovered that women often are more successful in the early stages of business development (networking, establishing relationships), but are blocked by the final stage asking for business. Reeves discovered why; explains why most women (and also most men) fall prey to this flaw in the traditional business development approach; and then offers a series of alternative approaches that both firms and individual professional women can adopt and institute. Reeves s research and solutions are groundbreaking, and have the potential to revolutionize business development for women and with it, to finally propel women to the top of firms in numbers equal to their male counterparts.


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International Law, New Diplomacy and Counterterrorism : An Interdisciplinary Study of Legitimacy by Steven J. Barela
Abingdon, Oxon: Routledge, 2014
Online KZ7220 .B37 2014

This interdisciplinary book explores how terrorism is meant to target a government’s legitimacy, and advocates for sounder defensive measures when countering international attacks.

The dramatic increase in global cooperation throughout the twentieth century—between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators—has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648.

International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government’s counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force.


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Judging Statutes by Robert A. Katzmann
Oxford; New York: Oxford University Press, 2014
Balcony KF425 .K38 2014

In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.


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Secrecy in the Sunshine Era: The Promise and Failures of US Open Government Laws by Jason Ross Arnold
Lawrence, Kansas: University Press of Kansas, 2014
Balcony KF5753 .A976 2014

A series of laws passed in the 1970s promised the nation unprecedented transparency in government, a veritable "sunshine era." Though citizens enjoyed a new arsenal of secrecy-busting tools, officials developed a handy set of workarounds, from over classification to concealment, shredding, and burning. It is this dark side of the sunshine era that Jason Ross Arnold explores in the first comprehensive, comparative history of presidential resistance to the new legal regime, from Reagan-Bush to the first term of Obama-Biden. After examining what makes a necessary and unnecessary secret, Arnold considers the causes of excessive secrecy, and why we observe variation across administrations. While some administrations deserve the scorn of critics for exceptional secrecy, the book shows excessive secrecy was a persistent problem well before 9/11, during Democratic and Republican administrations alike. Regardless of party, administrations have consistently worked to weaken the system's legal foundations. The book reveals episode after episode of evasive maneuvers, rule bending, clever rhetorical gambits, and downright defiance; an army of secrecy workers in a dizzying array of institutions labels all manner of documents "top secret," while other government workers and agencies manage to suppress information with a "sensitive but unclassified" designation. For example, the health effects of Agent Orange, and antibiotic-resistant bacteria leaking out of Midwestern hog farms are considered too "sensitive" for public consumption. These examples and many more document how vast the secrecy system has grown during the sunshine era. Rife with stories of vital scientific evidence withheld, justice eluded, legalities circumvented, and the public interest flouted, Secrecy in the Sunshine Era reveals how our information society has been kept in the dark in too many ways and for too long.


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Human Rights and Adolescence edited by Jacqueline Bhabha
Philadelphia, Pennsylvania: University of Pennsylvania Press, 2014
Basement HQ796 .H863 2014

While young children's rights have received considerable attention and have accordingly advanced over the past two decades, the rights of adolescents have been neglected. This manifests itself in pervasive gender-based violence, widespread youth disaffection and unemployment, concerning levels of self-abuse, violence and antisocial engagement, and serious mental and physical health deficits. The cost of inaction on these issues is likely to be dramatic in terms of human suffering, lost social and economic opportunities, and threats to global peace and security. Across the range of disciplines that make up contemporary human rights, from law and social advocacy to global health, history, economics, sociology, politics, and psychology, it is time, the contributors of this volume contend, for adolescent rights to occupy a coherent place of their own.

Human Rights and Adolescence presents a multifaceted inquiry into the global circumstances of adolescents, focusing on the human rights challenges and socioeconomic obstacles young adults face. Contributors use new research to advance feasible solutions and timely recommendations for a wide range of issues spanning all continents, from relevant international legal norms to neuropsychological adolescent brain development, gender discrimination in Indian education to Colombian child soldier recruitment, stigmatization of Roma youth in Europe to economic disempowerment of Middle Eastern and South African adolescents. Taken together, the research emphasizes the importance of dedicated attention to adolescence as a distinctive and critical phase of development between childhood and adulthood and outlines the task of building on the potential of adolescents while providing support for the challenges they experience.


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Acquittal: An Insider Reveals the Stories and Strategies Behind Today’s Most Infamous Verdicts by Richard Gabriel
New York, New York: Berkley Books, 2014
Balcony KF220 .G33 2014

October 3, 1995. The shocking outcome of the O.J. Simpson trial leaves a nation divided. July 5, 2011. Casey Anthony walks free despite being convicted by millions on cable news and social media. There are times when something as supposedly simple as a just verdict rises to the level of cultural touchstone. Often these moments hinge on logic that seems flawed and inexplicable - until now. In Acquittal, leading trial consultant Richard Gabriel explains how some of the most controversial verdicts in recent times came to be. Drawing on more than twenty-eight years of experience, Gabriel provides firsthand accounts of his work on high-profile cases, from the tabloid trials of Casey Anthony, O.J. Simpson, Phil Spector, and Heidi Fleiss to the political firestorms involving Enron and Whitewater. An expert on court psychology and communications, Gabriel offers unique insights on defendants, prosecutors, judges, witnesses, journalists, and the most important people in the room: the jury. Through play-by-play breakdowns of the proceedings, Gabriel reveals the differences between a court of law and the court of public opinion, the convoluted mechanics behind jury selection, strategies for creating a careful balance of evidence and doubt, and the difficulties of providing a fair trial in the digital age. Along the way, Gabriel raises hard questions about not only the legal system but about the possibility of justice in an oversaturated media landscape. The courtroom is a natural theater. The stakes are high. The roles are all too familiar. And there is always the chance of a twist ending. Acquittal is a revelatory guide to this riveting, frustrating, fascinating world - the most unpredictable drama in American life.