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Featured Acquisitions  

This guide lists featured new additions to the library by month and by topic, and also includes our complete listing of DVDs.
Last Updated: Sep 29, 2014 URL: http://library.law.uky.edu/newbooks Print Guide RSS UpdatesEmail Alerts

September 2014 Print Page

Administrative Law

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Is Administrative Law Unlawful? - Philip Hamburger
Call Number: K3400 .H359 2014
ISBN: 9780226116594
Publication Date: May 27, 2014
Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution#151;and constitutions in general#151;were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious-and profoundly unlawful-return to dangerous pre-constitutional absolutism.


Animal Law

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Animal Cruelty and Freedom of Speech: When Worlds Collide - Abigail Perdue & Randall Lockwood
Call Number: KF3841 .P47 2014
ISBN: 9781557536334
Publication Date: May 15, 2014
A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come. The Stevens case arose from the first conviction under 18 USC § 48 (Section 48), a federal law enacted in 1999, which criminalized the creation, sale, and/or possession of certain depictions of animal cruelty. The US Congress intended Section 48 to end the creation and interstate trafficking of depictions of animal cruelty in which animals are abused or even killed for entertainment's sake. Proponents of Section 48 predicted that countless benefits to both humans and animals would flow from its enforcement. Opponents of the law argued that it was too far-reaching and would stifle protected speech. Critics of Section 48 appeared to have prevailed when the US Supreme Court struck the law down as unconstitutionally overbroad. Although a law tailored to address the Supreme Court's concerns was quickly enacted, the free speech/animal cruelty controversy is far from over.


Constitutional Law

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Do Great Cases Make Bad Law? - Lackland H. Bloom
Call Number: KF8748 .B56 2014
ISBN: 9780199765881
Publication Date: 2014-03-11

"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations. In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v. Sebelius, the Patient Protection and Affordable Care Act case, in 2012. He treats each case with its own chapter, and explains why the Court found a case compelling, how the background and historical context affected the decision and its place in constitutional law and history, how academic scholarship has treated the case, and how the case integrates with and reflects off of Justice Holmes' famous statement. In doing so, Professor Bloom draws on the whole of the Supreme Court's decisional history to form an intricate scholarly understanding of the holistic significance of the Court's reasoning in American constitutional law.

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Six Amendments: How and Why we Should Change the Constitution - John Paul Stevens
Call Number: KF4557 .S74 2014
ISBN: 9780316333764
Publication Date: April 22, 2014
For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.



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More Than You Wanted to Know: The Failure of Mandated Disclosure - Omri Ben-Shahar; Carl E. Schneider
Call Number: KF1609 .B46 2014
ISBN: 9780691161709
Publication Date: 2014-04-20

Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.



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Justice Through Apologies: Remorse, Reform, and Punishment - Nick Smith
Call Number: K346 .S63 2014
ISBN: 9781107007543
Publication Date: 2014-03-24

In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. After rejecting court-ordered apologies as unjustifiable humiliation, this book explains that penitentiaries were originally designed to bring about penance - something like apology - and that this tradition has been lost in the assembly line of mass incarceration. Smith argues that the state should modernize these principles and techniques to reduce punishments for offenders who demonstrate moral transformation through apologizing. Smith also explains the counterintuitive situation whereby apologies come to have considerable financial worth in civil cases because victims associate them with priceless matters of the soul. Such confusions allow powerful wrongdoers to manipulate perceptions to disastrous effect, such as when corporations or governments assert that apologies do not equate to accepting blame or require reform or redress.


Criminal Law

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The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness - Roger W. Shuy
Call Number: KF8968.54 .S483 2014
ISBN: 9780199354832
Publication Date: 2014-04-01

The Language of Murder Cases describes fifteen court cases for which Roger W. Shuy served as an expert language witness. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants: intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions, largely because mental states are virtually impossible to define. The meaning of these terms, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis before and during trial. In this book, Shuy explains how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as syntax, lexicon, and phonology, and discusses how these can play a major role in deciding murder cases. In his analysis, Shuy draws on his personal experience testifying at fifteen fascinating murder trials, focusing on the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.



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Robots Are People Too: How Siri, Google Car, and Artificial Intelligence Will Force Us to Change Our Laws - John Frank Weaver
Call Number: K564.C6 W43 2014
ISBN: 9781440829451
Publication Date: 2014-01-01

For years, robots were solely a matter of science fiction. Today, artificial intelligence technologies serve to accelerate our already fast-paced lives even further. From Apple's Siri to the Google Car to GPS, machines and technologies that make decisions and take action without direct human supervision have become commonplace in our daily lives. As a result, laws must be amended to protect companies that produce robots and the people that buy and use them. This book provides an extensive examination of how numerous legal areas--including liability, traffic, zoning, and international and constitutional law--must adapt to the widespread use of artificial intelligence in nearly every area of our society. The author scrutinizes the laws governing such fields as transportation, medicine, law enforcement, childcare, and real estate development.


Domestic Violence

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Violence Against Women in Kentucky: A History of U.S. and State Legislative Reform - Carol E. Jordan
Call Number: KFK1767.W53 J67 2014
ISBN: 9780813144917
Publication Date: 2014-05-01

For more than two centuries, Kentucky women have fought for the right to vote, own property, control their wages, and be safe at home and in the workplace. Tragically, many of these women's voices have been silenced by abuse and violence. In Violence against Women in Kentucky: A History of U.S. and State Legislative Reform, Carol E. Jordan chronicles the stories of those who have led the legislative fight for the last four decades to protect women from domestic violence, rape, stalking, and related crimes. The story of Kentucky's legislative reforms is a history of substantial toil, optimism, advocacy, and personal sacrifice by those who proposed the change. This compelling narrative illustrates, through their own points of view, the stories of survivors who serve as inspiration for change. Jordan analyzes national legislative reforms as well as the strategies that have been used to enact and enforce legislation addressing rape and domestic violence at a local level. Violence against Women in Kentucky is the first book to look at the history of domestic violence and rape in a state that consistently falls at the bottom of women's rights rankings, as told by the activists and survivors who fought for change. Detailing the successes and failures of reforms and outlining the work that is still to be done, this volume reflects on the future of women's rights legislation in Kentucky.


Economics and Law

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23 Things They Don't Tell You about Capitalism - Ha-Joon Chang
Call Number: HB501 .C5185 2012
ISBN: 9781608193387
Publication Date: January 17, 2012
The acclaimed Ha-Joon Chang is a voice of sanity-and wit-in this lighthearted book with a serious purpose: to question the assumptions behind the dogma and sheer hype that the dominant school of neoliberal economists have spun since the Age of Reagan. 23 Things They Don't Tell You about Capitalism uses twenty-three short essays (a few great examples: "There Is No Such Thing as a Free Market," "The Washing Machine Has Changed the World More than the Internet Has") to equip readers with an understanding of how global capitalism works, and doesn't, while offering a vision of how we can shape capitalism to humane ends, instead of becoming slaves of the market. Praise for 23 Things They Don't Tell You about Capitalism: "A lively, accessible and provocative book."-Sunday Times (UK ) "Chang, befitting his position as an economics professor at Cambridge University, is engagingly thoughtful and opinionated at a much lower decibel level. 'The "truths" peddled by free-market ideologues are based on lazy assumptions and blinkered visions,' he charges."-Time

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Bad Samaritans: The Myth of Free Trade and the Secret History of Capitalism - Ha-Joon Chang
Call Number: HF1713 .C5185 2009
ISBN: 9781596913998
Publication Date: December 26, 2007
A rising young star in the field of economics attacks the free-trade orthodoxy of The World Is Flat head-on—a crisp, contrarian history of global capitalism. One economist has called Ha-Joon Chang “the most exciting thinker our profession has turned out in the past fifteen years.” With Bad Samaritans, this provocative scholar bursts into the debate on globalization and economic justice. Using irreverent wit, an engagingly personal style, and a battery of examples, Chang blasts holes in the “World Is Flat” orthodoxy of Thomas Friedman and other liberal economists who argue that only unfettered capitalism and wide-open international trade can lift struggling nations out of poverty. On the contrary, Chang shows, today’s economic superpowers—from the U.S. to Britain to his native Korea—all attained prosperity by shameless protectionism and government intervention in industry. We have conveniently forgotten this fact, telling ourselves a fairy tale about the magic of free trade and—via our proxies such as the World Bank, International Monetary Fund, and World Trade Organization—ramming policies that suit ourselves down the throat of the developing world. Unlike typical economists who construct models of how the marketplace should work, Chang examines the past: what has actually happened. His pungently contrarian history demolishes one pillar after another of free-market mythology. We treat patents and copyrights as sacrosanct—but developed our own industries by studiously copying others’ technologies. We insist that centrally planned economies stifle growth—but many developing countries had higher GDP growth before they were pressured into deregulating their economies. Both justice and common sense, Chang argues, demand that we reevaluate the policies we force on nations that are struggling to follow in our footsteps.

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The Economics Anti-Textbook: A Critical Thinker's Guide to Micro-Economics - Rod Hill & Anthony Myatt
Call Number: HB171 .H637 2010
ISBN: 9781842779392
Publication Date: March 15, 2010
Mainstream textbooks present economics as an objective science free from value judgements; that settles disputes relatively easily by testing hypotheses; that applies a settled body of principles; and contains policy prescriptions supported by a consensus of professional opinion. The Anti-Textbook argues that this is a myth - one which is not only dangerously misleading but also bland and boring. It challenges the mainstream textbooks' assumptions, arguments, models and evidence. It puts the controversy and excitement back into economics to reveal a fascinating and a vibrant field of study - one which is more an 'art of persuasion' than it is a science. The Anti-Textbook's chapters parallel the major topics in the typical text. They begin with a boiled-down account of them before presenting an analysis and critique. Drawing on the work of leading economists, the Anti-Textbook lays bare the blind spots in the texts and their sins of omission and commission. It shows where hidden value judgments are made and when contrary evidence is ignored. It shows the claims made without any evidence and the alternative theories that aren't mentioned. It shows the importance of power, social context, and legal framework. The Economics Anti-Textbook is the students' guide to decoding the textbooks and shows how real economics is much more interesting than they let on.


Education Law

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Place, Not Race: A New Vision of Opportunity in America - Sheryll Cashin
Call Number: LC213.52 .C38 2014
ISBN: 9780807086148
Publication Date: May 6, 2014
From a nationally recognized expert, a fresh and original argument for bettering affirmative action. Race-based affirmative action had been declining as a factor in university admissions even before the recent spate of related cases arrived at the Supreme Court. Since Ward Connerly kickstarted a state-by-state political mobilization against affirmative action in the mid-1990s, the percentage of four-year public colleges that consider racial or ethnic status in admissions has fallen from 60 percent to 35 percent. Only 45 percent of private colleges still explicitly consider race, with elite schools more likely to do so, although they too have retreated. For law professor and civil rights activist Sheryll Cashin, this isn't entirely bad news, because as she argues, affirmative action as currently practiced does little to help disadvantaged people. The truly disadvantaged--black and brown children trapped in high-poverty environs--are not getting the quality schooling they need in part because backlash and wedge politics undermine any possibility for common-sense public policies. Using place instead of race in diversity programming, she writes, will better amend the structural disadvantages endured by many children of color, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. In Place, Not Race, Cashin reimagines affirmative action and champions place-based policies, arguing that college applicants who have thrived despite exposure to neighborhood or school poverty are deserving of special consideration. Those blessed to have come of age in poverty-free havens are not. Sixty years since the historic decision, we're undoubtedly far from meeting the promise of Brown v. Board of Education, but Cashin offers a new framework for true inclusion for the millions of children who live separate and unequal lives. Her proposals include making standardized tests optional, replacing merit-based financial aid with need-based financial aid, and recruiting high-achieving students from overlooked places, among other steps that encourage cross-racial alliances and social mobility. A call for action toward the long overdue promise of equality, Place, Not Race persuasively shows how the social costs of racial preferences actually outweigh any of the marginal benefits when effective race-neutral alternatives are available.


Election Law

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Citizens Divided: Campaign Finance Reform and the Constitution - Robert C. Post; Pamela S. Karlan (Contribution by); Lawrence Lessig (Contribution by); Frank I. Michelman (Contribution by); Nadia Urbinati (Contribution by)
Call Number: KF4920 .P67 2014
ISBN: 9780674729001
Publication Date: 2014-06-23

The Supreme Court's 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech. Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.


Entertainment & Sports Law

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The Little Book of Horse Racing Law - Charles A. Palmer; Robert J. Palmer
Call Number: KF3989 .P35 2014
ISBN: 9781627225021
Publication Date: 2015-02-16

The horse racing crowd is comprised of colorful, passionate people: where else can you find a mixture of farmhands, jockeys, old money, and gamblers? And when you force such an unruly world of disparate and singular people into the structure and formality of the legal system, you get a fascinating array of events and decisions. In twenty-one chapters covering everything from drugs to syndicates to cloning, The Little Book of Horse-Racing Law thoroughly covers the intersection of law and racing.


Environmental Law

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Constitutions and the Commons: The Impact of Federal Governance on Local, National, and Global Resource Management - Blake Hudson
Call Number: KF5505 .H83 2014
ISBN: 9781617260964
Publication Date: 2014-03-18

Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons - with all the attendant tragedies - in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.


Family Law

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Family Law Reimagined - Jill Elaine Hasday
Call Number: KF505 .H39 2014
ISBN: 9780674281288
Publication Date: 2014-06-30

One of the law's most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children's interests over parents' rights. In this book, Jill Elaine Hasday reveals how family law's canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the "common sense" that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.

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The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child - Jeffrey Shulman
Call Number: KF540 .S58 2014
ISBN: 9780300191899
Publication Date: 2014-06-23

In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. nbsp; Shulman’s illuminating account of American legal history is of more than academic interest.nbsp; If once again we treat parenting as a delegated responsibility#151;as a sacred trust, not a sacred right#151;we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.



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The Judicial Role: Statutory Interpretation & the Pragmatic Judicial Partner - William D. Popkin
Call Number: KF425 .P6695 2013
ISBN: 9781611634068
Publication Date: 2013-06-18

This book deals with the central question in statutory interpretation -- the role of the judge. It argues that it is both legitimate and desirable for the interpreter to take into account policy considerations when determining the meaning of a statute. The author calls this pragmatic judicial partnering. The pragmatic approach rejects two traditional views of the judicial role -- textualism and intentionalism -- which assume that the interpreter is nothing but a legislative agent.

Part I of the book makes the case for pragmatic judicial partnering. My claim is that pragmatic interpretation is constitutional, that it provides the best description of statutory interpretation, and that it is the best normative conception of how judges should interpret legislation. It also argues that judicial opinions should reveal the indeterminacy that is inherent in determining the meaning of legislation and the creative role that judges play in shaping that meaning. Part II is a critique of the leading advocates of the view that judge should be legislative agents -- Justice Scalia and Professor Manning (both textualists); Professor Elhauge (an intentionalist); and Professor Vermeule (an institutional literalist).

An Epilogue indentifies the fundamental issue as one of legal culture. It suggests that we may be entering a period where mistrust of judging leads to rejection of pragmatic judicial partnering in favor of the judge-as-legislative-agent.

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Scalia: A Court of One - Bruce Allen Murphy
Call Number: KF8745.S33 M87 2014
ISBN: 9780743296496
Publication Date: 2014-06-10

An authoritative, deeply researched biography of the most controversial and outspoken Supreme Court justice of our time and how he chose to be "right" rather than influential. Antonin Scalia knew only success in the first fifty years of his life. His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986. Scalia's evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O'Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades. Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation's highest court. It provides an insightful analysis of Scalia's role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia's "originalism" theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia's judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia's role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice's decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.

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Uncertain Justice: the Roberts Court and the Constitution - Laurence Tribe; Joshua Matz
Call Number: KF4550 .T789 2014
ISBN: 9780805099096
Publication Date: 2014-06-03

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation’s laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s recent rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.


Land Use Planning

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Land Use and Society: Geography, Law, and Public Policy - Rutherford H. Platt
Call Number: KF5698 .P588 2014
ISBN: 9781610914536
Publication Date: July 8, 2014
The intersection between geography and law is a critical yet often overlooked element of land-use decisions, with a widespread impact on how societies use the land, water, and biodiversity around them. Land Use and Society, Third Edition is a clear and compelling guide to the role of law in shaping patterns of land use and environmental management. Originally published in 1996 and revised in 2004, this third edition has been updated with data from the 2010 U.S. Census and revised with the input of academics and professors to address the changing issues in land use, policy, and law today. Land Use and Society, Third Edition retains the historical approach of the original text while providing a more concise and topical survey of the evolution of urban land use regulation, from Europe in the Middle Ages through the present day United States. Rutherford Platt examines the "nuts and bolts" of land use decision-making in the present day and analyzes key players, including private landowners, local and national governments, and the courts. This third edition is enhanced by a discussion of the current trends and issues in land use, from urban renewal and demographic shifts in cities to the growing influence of local governance in land use management. Land Use and Society, Third Edition is a vital resource for any student seeking to understand the intersection between law, politics, and the natural world. While Platt examines specific rules, doctrines, and practices from an American context, an understanding of the role of law in shaping land use decisions will prove vital for students, policymakers, and land use managers around the world.


Legal Profession

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Learning to Lead: What Really Works for Women in Law - Gindi Eckel Vincent; Mary B. Cranston; ABA Commission on Women in the Profession
Call Number: KF299.W6 V56 2013
ISBN: 9781627222143
Publication Date: 2014-06-10

This book (a) synthesizes and distills the research, anecdotal evidence, and key concepts on leadership techniques and success that help working women, in any field, develop in their careers; (b) tailors these principles for women practicing law, regardless of practice area, and creates practical actions that lawyers can implement in their lives and workplaces; and (c) puts the learning into practice by hearing from women who are leading in legal fields and by transforming themselves with a total leadership makeover. Learning to Lead provides a concise road map of the latest collective wisdom on leadership and applies those principles to women lawyers. It features interviews with 11 women legal leaders who share their lessons learned and tips for success. Women lawyers will read this book, take action, and chart their courses to leadership and success.

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The Legal Side of Blogging for Lawyers - Ruth Carter
Call Number: KF320.I57 C37 2014
ISBN: 9781614389545
Publication Date: 2014-04-07

Written by a blogger for bloggers, The Legal Side of Blogging for Lawyers addresses the full scope of legal issues that accompany blogging, including intellectual property, criminal law, employment law, professional conduct, and much more. In this book, experienced attorney Ruth Carter explains your rights as a blogger, discusses real-life examples of what can go wrong, and offers advice about how to avoid the common legal pitfalls of blogging.

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The Soul of the Law - Benjamin Sells
Call Number: K346 .S45 2014
ISBN: 9781627222983
Publication Date: 2014-12-07

One of the most important work-life balance books in the history of the legal profession, this ground-breaking title is now a special 20th anniversary edition, featuring an all-new epilogue from the author. This eye-opening book examines
the mentality that tears down lawyers and offers ideas for bringing balance back into daily lives, society, and the law. You'll find answers to questions like: * What's happened to truth, justice and the American ideal? * What's gone wrong, why, and what can
be done about it? Explore the realities of undeniable professional dysfunctions, how they impact the American justice system and those who practice in it. By living the advice in this book you can lead a quiet, normal, happy life in spite of the world around
you. It's a must read for anyone who contemplates the law or being a lawyer, and is essential reading for those already in the field.


Legal Writing

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The Solicitor General's Style Guide - United States Department Of Justice Offi; Jack Metzler (Editor)
Call Number: KF250 .S65 2013
ISBN: 9780991116300
Publication Date: 2013-11-01

Available to the public for the first time, "The Solicitor General's Style Guide" consists of three manuals used by the United States Office of the Solicitor General in preparing briefs to be filed in the Supreme Court of the United States: Office of the Solicitor General Citation Manual, Office of the Solicitor General Supplement to the Supreme Court Rules, and Office of the Solicitor General Writing Preferences. Supreme Court Justice Scalia and legal writing guru Bryan Garner have extolled the Solicitor General's briefs as models for other lawyers to follow. Now the citation and style secrets behind those briefs are available to lawyers and fans of the Solicitor General and the Supreme Court. In "The Solicitor General's Style Guide" you will learn gems like: What term did Solicitor General Charles Fried consider a "barbarism," ordering its "total extirpation" from the Solicitor General's briefs? What punctuation does the Office consider "ugly"? How does the Solicitor General decide whether to form the possessive of a word ending in "s" by adding just an apostrophe or an apostrophe "s"? When does the Solicitor General use ibid. instead of id.' And much more "The Solicitor General's Style Guide "cannot help you write like the Solicitor General, but now you can cite like the Solicitor General Praise for The Solicitor General's Style Guide: "As U2 might say, Jack Metzler's version of the Solicitor General's Style Guide is even better than the real thing. It is, in essence, a Bluebook for Supreme Court practitioners, touching all things style and citation as they relate to briefs filed at the Court - tremendously useful for the lawyers who practice there." - Tom Goldstein, Supreme Court expert and publisher of SCOTUSblog. "No wonder the writing standards of the Solicitor General's office are held in such high regard The Solicitor General is the only Justice Department official required by statute to be "learned in the law." This style manual shows how seriously the holders of that office take that responsibility. Forget the Bluebook - the Solicitor General's common-sense rules of punctuation, citation, capitalization, and italicization are now public, and all lawyers need to pay heed." - Tony Mauro, Supreme Court correspondent of The National Law Journal, has covered the Supreme Court for 33 years.



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Extortion: How Politicians Extract your Money, Buy Votes, and Line Their Own Pocket - Peter Schweizer
Call Number: JK2249 .S34 2013
ISBN: 9780544103344
Publication Date: October 22, 2013
Conventional wisdom holds that Washington is broken because outside special interests bribe politicians. The reverse is true: politicians have developed a new set of brass-knuckle legislative tactics designed to extort wealthy industries and donors into forking over big donations -- cash that lawmakers often funnel into the pockets of their friends and family. Until now, Washington's extortion scheme has gone unreported. Yet thanks to an extraordinary effort by Peter Schweizer and the investigative staff of the Government Accountability Institute, we now know the racketeering methods and the players who profit from them. Exhaustively researched and compellingly told, Extortion names names as it pulls back the curtain to reveal the shocking new racket ruling Washington.

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The Fourth Revolution: The Global Race to Reinvent the State - John Micklethwait & Adrian Wooldridge
Call Number: D860 .M525 2014
ISBN: 9781594205392
Publication Date: May 15, 2014
From the bestselling authors of The Right Nation, a visionarynbsp;argument that our current crisis in government is nothing less than thenbsp;fourth radical transition in the history of the nation-state Dysfunctional government: It’s become a cliché,nbsp;and most of us are resigned to the fact that nothingnbsp;is ever going to change. As John Micklethwait andnbsp;Adrian Wooldridge show us, that is a seriouslynbsp;limited view of things. In fact, there have beennbsp;three great revolutions in government in thenbsp;history of the modern world. The West has led thesenbsp;revolutions, but now we are in the midst of a fourthnbsp;revolution, and it is Western government that is innbsp;danger of being left behind. Now, things really are different. The West’s debtnbsp;load is unsustainable. The developing world hasnbsp;harvested the low-hanging fruits. Industrializationnbsp;has transformed all the peasant economies it hadnbsp;left to transform, and the toxic side effects of rapidnbsp;developing world growth are adding to the bill.nbsp;From Washington to Detroit, from Brasilia to Newnbsp;Delhi, there is a dual crisis of political legitimacy andnbsp;political effectiveness. The Fourth Revolution crystallizes the scope of thenbsp;crisis and points forward to our future. The authorsnbsp;enjoy extraordinary access to influential figures andnbsp;forces the world over, and the book is a global tournbsp;of the innovators in how power is to be wielded.nbsp;The age of big government is over; the age of smartnbsp;government has begun. Many of the ideas thenbsp;authors discuss seem outlandish now, but the centernbsp;of gravity is moving quickly. This tour drives home a powerful argument:nbsp;that countries’ success depends overwhelmingly onnbsp;their ability to reinvent the state. And that muchnbsp;of the West#151;and particularly the United States#151;is failing badly in its task. China is making rapidnbsp;progress with government reform at the same timenbsp;as America is falling badly behind. Washington isnbsp;gridlocked, and America is in danger of squanderingnbsp;its huge advantages from its powerful economynbsp;because of failing government. And flailingnbsp;democracies like India look enviously at China’snbsp;state-of-the-art airports and expanding universities. The race to get government right is not just anbsp;race of efficiency. It is a race to see which politicalnbsp;values will triumph in the twenty-first century#151;the liberal values of democracy and liberty or thenbsp;authoritarian values of command and control. Thenbsp;stakes could not be higher.

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Why Government Fails So Often: And How It Can Do Better - Peter Schuck
Call Number: JK468.P64 S44 2014
ISBN: 9780691161624
Publication Date: 2014-03-30

From healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. The most alarming consequence of ineffective policies, in addition to unrealized social goals, is the growing threat to the government's democratic legitimacy. Understanding why government fails so often--and how it might become more effective--is an urgent responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state. Schuck argues that Washington's failures are due not to episodic problems or partisan bickering, but rather to deep structural flaws that undermine every administration, Democratic and Republican. These recurrent weaknesses include unrealistic goals, perverse incentives, poor and distorted information, systemic irrationality, rigidity and lack of credibility, a mediocre bureaucracy, powerful and inescapable markets, and the inherent limits of law. To counteract each of these problems, Schuck proposes numerous achievable reforms, from avoiding moral hazard in student loan, mortgage, and other subsidy programs, to empowering consumers of public services, simplifying programs and testing them for cost-effectiveness, and increasing the use of "big data." The book also examines successful policies--including the G.I. Bill, the Voting Rights Act, the Earned Income Tax Credit, and airline deregulation--to highlight the factors that made them work. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such disrepute and how it can do better.



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Pursuing Privacy in Cold War America - Deborah Nelson
Call Number: PS310.P75 N45 2002
ISBN: 9780231111218
Publication Date: December 26, 2001
Pursuing Privacy in Cold War America explores the relationship between confessional poetry and constitutional privacy doctrine, both of which emerged at the end of the 1950s. While the public declarations of the Supreme Court and the private declamations of the lyric poet may seem unrelated, both express the upheavals in American notions of privacy that marked the Cold War era. Nelson situates the poetry and legal decisions as part of a far wider anxiety about privacy that erupted across the social, cultural, and political spectrum during this period. She explores the panic over the "death of privacy" aroused by broad changes in postwar culture: the growth of suburbia, the advent of television, the popularity of psychoanalysis, the arrival of computer databases, and the spectacles of confession associated with McCarthyism. Examining this interchange between poetry and law at its most intense moments of reflection in the 1960s, '70s, and '80s, Deborah Nelson produces a rhetorical analysis of a privacy concept integral to postwar America's self-definition and to bedrock contradictions in Cold War ideology. Nelson argues that the desire to stabilize privacy in a constitutional right and the movement toward confession in postwar American poetry were not simply manifestations of the anxiety about privacy. Supreme Court justices and confessional poets such as Anne Sexton, Robert Lowell, W. D. Snodgrass, and Sylvia Plath were redefining the nature of privacy itself. Close reading of the poetry alongside the Supreme Court's shifting definitions of privacy in landmark decisions reveals a broader and deeper cultural metaphor at work.



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Tax Systems - Joel Slemrod & Christian Gillitzer
Call Number: HJ2305 .S695 2014
ISBN: 9780262026727
Publication Date: February 3, 2014
Despite its theoretical elegance, the standard optimal tax model has significantlimitations. In this book, Joel Slemrod and Christian Gillitzer argue that tax analysis must movebeyond the emphasis on optimal tax rates and bases to consider such aspects of taxation asadministration, compliance, and remittance. Slemrod and Gillitzer explore whatthey term a tax-systems approach, which takes tax evasion seriously; revisits the issue ofremittance, or who writes the check to cover tax liability (employer or employee, retailer orconsumer); incorporates administrative and compliance costs; recognizes a range of behavioralresponses to tax rates; considers nonstandard instruments, including tax base breadth andenforcement effort; and acknowledges that tighter enforcement is sometimes a more socially desirableway to raise revenue than an increase in statutory tax rates. Policy makers, Slemrod and Gillitzerargue, would be well advised to recognize the interrelationship of tax rates, bases, enforcement,and administration, and acknowledge that tax policy is really tax-systems policy.

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Dealing with Losers: The Political Economy of Policy Transitions - Michael J. Trebilcock
Call Number: H97 .T737 2014
ISBN: 9780199370658
Publication Date: March 26, 2014
Whenever governments change policies - tax, expenditure, or regulatory policies, among others - there will typically be losers: people or groups who relied upon and invested in physical, financial, or human capital predicated on, or even deliberately induced by the pre-reform set of policies. The issue of whether and when to mitigate the costs associated with policy changes, either through explicit government compensation, grandfathering, phased or postponed implementation, is ubiquitousacross the policy landscape. Much of the existing literature covers government takings, yet compensation for expropriation comprises merely a tiny part of the universe of such strategies. Dealing with Losers: The Political Economy of Policy Transitions explores both normative and political rationales for transition cost mitigation strategies and explains which strategies might create an aggregate, overall enhancement in societal welfare beyond mere compensation. Professor Michael J. Trebilcock highlights the political rationales for mitigating such costs and the ability of potential losers to mobilize and obstruct socially beneficial changes in the absence of well-crafted transition cost mitigation strategies. This book explores the political economy of transition cost mitigation strategies in a wide variety of policy contexts including public pensions, U.S. home mortgage interest deductions, immigration, trade liberalization, agricultural supply management, and climate change, providing tested examples and realistic strategies for genuine policy reform.


Trusts & Estates

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Abusing Donor Intent: The Robertson Family's Epic Lawsuit Against Princeton University - Doug White
Call Number: KF228.R635 W45 2014
ISBN: 9781557789099
Publication Date: 2014-04-01

It was the largest one-time amount—$35 million—anyone had ever donated to benefit a university. The Robertsons were specific about the way the money was to be used. It was intended to help Princeton’s Woodrow Wilson School of Public and International Affairs focus on sending its graduates into those areas of the federal government concerned with international relations. “But the university,” the son says, “was ignoring my parents’ intentions.” Furthermore, Princeton’s administrators were “harming the country.” That’s not, as you might imagine, the way Princeton saw it—or sees it today.How much control over a gift does a donor have after the gift is given? How accountable is a non-profit recipient for the use of the gift?“Robertson v. Princeton may be the most important case higher education has faced over the question of honoring the wishes of the donor.” Wall Street Journal“Doug White’s careful and fair study of the seminal Robertson Foundation endowment litigation against Princeton University should be read by all donors and donees. As a former head of the New York State Law Department’s Charities Bureau, I know donors have to have both courage and resources to enforce their rights, especially against iconic donees. Fortunately, the Robertsons had both.” Bill Josephson, Former head of the Charities Bureau, New York State Attorney General’s officeThis book is based on extensive research and interviews with leading attorneys Victoria Bjorklund and Douglas Eakeley (Princeton) and Ron Malone and Seth Lapidow (Robertson family), experts for both sides, representatives of other major nonprofits, philanthropists, and high-profile public figures including George H.W. Bush, Brent Scowcroft, Chuck Robb, and Paul Volcker.


New DVDs

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Navigating Your Way Through Cross-Examination - National Association of Criminal Defense Lawyers
Call Number: KF8920 .N38 2011
Publication Date: 2011

Program Summary: In many ways, cross is the most fun part of trial practice, but it is even better when you have the necessary skills to take it to the next level. This program’s nationally-renowned faculty delves into a wide-array of presentations specifically focused on the most challenging areas of cross-examination. Rest assured, you will find each of these presentations as interesting and informative as those who saw them LIVE!

Presentations included:
Reaching New Heights in Cross-Examination – Lisa Wayne
Exposing the "Eyewitness" Who is Really a Snitch – Pamela Mackey & David Kaplan
Cross-Examining Police Officers in Confession Cases – Deja Vishny
Cross of Experts – Andrea Lyon
Crossing Crime Scene Investigators – David Rudolf
Searching CODIS & AFIS Databases and Crossing Print Experts – Barry Scheck
Cross-Examining Kids – Colette Tvedt
DWI Cross-Examination – Abe Hutt
On the Edge of the Ethical Cliff: When Prosecutors Go Too Far – Virginia Grady and Evan Jenness
Revealing True Character Through Cross – Keith Belzer
Towering Above: Impeachment – Hugo Rodriguez

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Perry Mason, Season 7, Vol. 1 - Burr, Raymond
Call Number: PN1992.77 .P4779 2012
ISBN: 1415766266
Publication Date: 2012

Perry Mason is an attorney who specializes in defending seemingly indefensible cases. With the aid of his secretary Della Street and investigator Paul Drake, he often finds that by digging deeply into the facts, startling facts can be revealed. Often relying on his outstanding courtroom skills, he often tricks or traps people into unwittingly admitting their guilt.

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We Shall Remain: American Through Native Eyes - Grimberg, Sharon
Call Number: E77 .W4 2009
ISBN: 0793670268
Publication Date: 2009

When Europeans arrived in North America, they encountered the Native people. Contrary to stereotype, American Indians were not simply ferocious warriors or peaceable lovers of the land. They were, like all people, an amalgam: charismatic and forward thinking, imaginative and courageous, compassionate and resolute, and, at times, arrogant, vengeful, and reckless. Native peoples valiantly resisted expulsion from their lands and fought the extinction of their culture using all avenues available, including military, legal, and political action, diplomacy, and supplication of the spiritual realm. From the Wampanoags of New England in the 1600s who used their alliance with the English to weaken rival tribes, to the bold new leaders of the 1970s who harnessed the momentum of the civil rights movement to forge a pan-Indian identity. Spanning almost four hundred years, these documentaries tell the story of pivotal moments in U.S. history from the Native American perspective, presenting Native history as an integral part of the American story.

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You Have the Right to an Attorney - Bockelman, Matt
Call Number: KF9646 .Y68 2011
Publication Date: 2011

A documentary short profiling the public defenders of the South Bronx. These overworked attorneys carry over 100 open cases, each file representing a person in need of help. Their youth and idealism cut against stereotypes of lazy, under-trained PD's. They hope to affect real change while negotiating everyday between their clients' needs and the larger crusade against injustice.


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