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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: Jul 8, 2014 URL: http://library.law.uky.edu/newbooks Print Guide RSS UpdatesEmail Alerts

April 2014 Print Page
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Cyberlaw

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The Global War for Internet Governance - Laura DeNardis
Call Number: K4345 .D46 2014
ISBN: 9780300181357
Publication Date: 2014-01-14

The Internet has transformed the manner in which information is exchanged and business is conducted, arguably more than any other communication development in the past century. Despite its wide reach and powerful global influence, it is a medium uncontrolled by any one centralized system, organization, or governing body, a reality that has given rise to all manner of free-speech issues and cybersecurity concerns. The conflicts surrounding Internet governance are the new spaces where political and economic power is unfolding in the twenty-first century.   This all-important study by Laura DeNardis reveals the inner power structure already in place within the architectures and institutions of Internet governance. It provides a theoretical framework for Internet governance that takes into account the privatization of global power as well as the role of sovereign nations and international treaties. In addition, DeNardis explores what is at stake in open global controversies and stresses the responsibility of the public to actively engage in these debates, because Internet governance will ultimately determine Internet freedom.

 

Election Law

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Living with Infamy - Pippa Holloway
Call Number: KF 9747 .H65 2014
ISBN: 9780199976089
Publication Date: 2013-12-18

Living in Infamy: Felon Disfranchisement and the History of American Citizenship examines the history of disfranchisement for criminal conviction in the United States during the late 19th and early 20th centuries. In the post-war South, white southern Democrats expanded the usage of laws disfranchising for crimes of infamy in order to deny African Americans the suffrage rights due them as citizens, employing historical similarities between the legal statuses of slaves and convicts as justification. At the same time, our nation's criminal code changed. The inhumane treatment of prisoners, the expansion of the prison system, the public nature of punishment by forced labor, and the abandonment of the idea of reform and rehabilitation of prisoners all contributed to a national consensus that certain categories of criminals should be permanently disfranchised. As racial barriers to suffrage were challenged and fell, rights remained restricted for persons targeted by such infamy laws. Criminal convictions - in place of race - continued the disparity in legal status between whites and African Americans. Decades later, after race-based disfranchisement has officially ended, legislation steeped in a legacy of racial discrimination continues to perpetuate a dichotomy of suffrage and citizenship that is still effecting our election outcomes today.

 

Evidence

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Standards of Decision in Law: Psychological and Logical Bases for the Standard of Proof, Here and Abroad - Kevin M. Clermont
Call Number: K2263 .C54 2013
ISBN: 9781611633733
Publication Date: 2013-08-20

A standard of decision is the law's designation of how certain a decisionmaker must be to render a decision. Because all decisionmaking takes place in a world of uncertainty, the law requires every legal actor before making any sort of decision to measure his or her degree of certainty against the applicable standard. Because the law must set standards in every corner of law, where they determine the realization of policy, they prove essential to understanding any branch of law. Because these standards have an intensely practical impact on legal outcomes, they merit careful study by all lawyers.

Despite the subject being thus both wide-ranging and critically important, this book is the first to treat it in depth. The book first catalogs the variety of standards that exist in law. A pattern emerges, which advances in cognitive psychology nicely explain.

The book then zeros in on the most conspicuous yet peculiarly distinctive of the standards of decision, which is called the standard of proof and which specifies the sureness required of a factfinder to decide that a contested fact exists. After surveying relevant empirical research and past theoretical explanations, the book constructs a new understanding by drawing on recent breakthroughs in the field of logic. Historical and comparative perspectives on the standard of proof then provide angles from which to illuminate the new understanding.

In sum, this book synthesizes decades of thinking and research on standards of decision and pushes forward to elaborate and explain the subject. It does so in a way that will be useful to a broad readership among all those who study the law.

 

Property Law

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Philosophical Foundations of Property Law - James Penner (Editor); Henry Smith (Editor)
Call Number: K720 .P47 2013
ISBN: 9780199673582
Publication Date: 2014-01-21

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

 

Taxation

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Fixing U. S. International Taxation - Daniel N. Shaviro
Call Number: KF6499.I57 S52 2014
ISBN: 9780199359752
Publication Date: 2014-02-05

International tax rules, which determine how countries tax cross-border investment, are increasingly important with the rise of globalization, but the modern U.S. rules, even more than those in most other countries, are widely recognized as dysfunctional. The existing debate over how to reform the U.S. tax rules is stuck in a sterile dialectic, in which ostensibly the only permissible choices are worldwide or residence-based taxation of U.S. companies with the allowance of foreign tax credits, versus outright exemption of the companies' foreign source income. In Fixing U.S. International Taxation, Daniel N. Shaviro explains why neither of these solutions addresses the fundamental problem at hand, and he proposes a new reformulation of the existing framework from first principles. He shows that existing international tax policy frameworks are misguided insofar as they treat "double taxation" and "double non-taxation" as the key issues, conflate the distinct questions of whattax rate to impose on foreign source income and how to treat foreign taxes, and use simplistic single-bullet global welfare norms in lieu of a comprehensive analysis. Drawing on tools that are familiar from public economics and trade policy, but that have been under-utilized in the international tax realm, Shaviro offers a better analysis that not only reshapes our understanding of the underlying issues, but might point the way to substantially improving the prevailing rules, both in the U.S. and around the world.

 

Torts

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Incentives and Information in Private Law - Robert Cooter
Call Number: KF1250 .C66 2014
ISBN: 9780691151595
Publication Date: 2014-02-23

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

 

New DVDs

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Our Nixon - Frye, Brian
Call Number: E856 .O97 2014
Publication Date: 2013

Throughout Richard Nixon's presidency, three of his top White House aides obsessively documented their experiences with Super 8 home movie cameras. Young, idealistic and dedicated, they had no idea that a few years later they'd all be in prison.

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The Rape of Europa - Berge, Richard
Call Number: N8795.3.G47 R37 2008
Publication Date: 2008

Imagine the world without our masterpieces. Interviews with eyewitnesses and historians and newsreel footage show how during World War II the Nazis systematically took or destroyed the art of Europe. It follows the heroic Europeans who first hid, and then set out to find and return what had been taken, with the help of the Allied forces "Monuments Men". It is work that continues to this day.

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The Wire: The Complete Second Season - Simon, David
Call Number: PN1992.77 .W57 2008 (Season 2)
ISBN: 0783130260
Publication Date: 2008

A horrific discovery is about to blow the whole port of Baltimore harbor inside out.

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The Wire: The Complete Third Season - Simon, David
Call Number: PN1992.77 .W57 2008 (Season 3)
ISBN: 0783135289
Publication Date: 2008

Follows a single sprawling drug investigation in Baltimore, against the backdrop of the mayor's reelection campaign. Told from the point of view of both the police and their targets, where easy distinctions between good and evil are challenged at every turn.

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The Wire: The Complete Fourth Season - Simon, David
Call Number: PN1992.77 .W57 2008 (Season 4)
ISBN: 078314993X
Publication Date: 2007


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The Wire: The Complete Fifth Season - Simon, David
Call Number: PN1992.77 .W57 2008 (Season 5)
ISBN: 1419867490
Publication Date: 2008

Follows a single sprawling drug and murder investigation in Baltimore. Told from the point of view of both the police and their targets, where easy distinctions between good and evil are challenged at every turn.

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