From: The Law and Politics Book Review
Vol. 16 No.11 (November 2006), pp.910-938
As a service to subscribers, the REVIEW provides this brief summary of the contents of recent reference works, anthologies of previously published materials, textbooks and collected readings designed for students, casebooks designed for undergraduate and law school use, later editions of books previously reviewed in this journal, and other specialized publications. Unless noted, the comments are taken from the book’s jacket cover or the publisher’s webpage.
In this issue, books from
McGill-Queens University Press
Willan Publishing [*911]
Protecting Jersalem’s Holy Sites: A Strategy for Negotiating a Sacred Peace, by David E. Guinn. Cambridge University Press, 2006. 223 pp. $75.00. ISBN: 0-521-86662-6.
The holy sites in Jerusalem exist as objects of international veneration and sites of nationalist contest. They stand at the heart of the Israeli-Palestinian conflict, yet surprisingly, the many efforts to promote peace, mostly by those outside the Middle East, have ignored the problem. This book seeks to address this omission by focusing upon proposals of development of a legal regime to protect the holy sites separable from the final peace negotiations to not only protect the holy sites but promote peace by removing these particularly volatile icons from the field of conflict. Peace and the protection of the holy sites cannot occur without the consent and cooperation of those on the ground. This book supports local involvement by developing a comprehensive plan for how to negotiate: outlining the relevant history, highlighting issues of import, and identifying effective strategies for promoting negotiation.
• A concise history of the holy sites in Jerusalem
• A concise list of the critical issues needed to protect the holy sites
• A strategy for negotiation - applicable to any nationalist/religious conflict
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Rethinking Evidence: Exploratory Essays, Second Edition, by William Twinning. Cambridge University Press, 2006. 511 pp. ISBN: 0-521-67537-5.
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. [*912]
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Who Believes in Human Rights?: Reflections on the European Convention, by Marie-Benedicte Dembour. Cambridge University Press, 2006. 310 pp. ISBN: 0-521-68307-6.
Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.
Animal Law: Cases and Materials (3rd ed), by Sonia S. Waisman, Pamela D. Frasch, and Bruce A. Wagman (eds). Carolina Academic Press, 2006. 752 pp. Casebound. $90.00. Student $72.00. ISBN: 1-59460-226-3.
The third edition of the premier book on animal law covers a rapidly developing field that is exponentially increasing its presence in both the public eye and on the list of desired classes for law students. In the past ten years, the number of animal law classes in American law schools has gone from less than ten to more than sixty, and this casebook has been used as a model for courses internationally.
Animal law is, in its simplest (and broadest) sense, a combination of statutory and decisional law in which the nature—legal, social, or biological—of non-human animals is an important factor. This new edition contains significant reorganization and updating while continuing to present a cohesive format that touches on many areas in which animals affect legal doctrines, caselaw, and legislative direction. Because animal law is not a traditional legal field, the book is largely framed according to traditional legal headings such as tort, contract, criminal, and constitutional law. Each chapter sets out cases and commentary where animal law has begun to develop its own doctrine. In this third edition, the text has been updated and several chapters reorganized and revised to provide even greater clarity and organization than in earlier editions. An important new chapter, collecting cases and commentary on the commercial use of animals, covers diverse areas including agriculture, biomedical research, and entertainment. [*913]
As in the first two editions, animal law as presented in this book is not synonymous with “animal rights” or with any particular political, moral, or ethical agenda. Rather, it is an objective and logical specialization of a challenging area—one with a growing number of cases and statutes, increasing public and practical interest, and significantly different historical, legal, and philosophical foundations than most other areas of law.
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Aviation Law: Cases and Materials, by Robert M. Jarvis, et al. Carolina Academic Press. 2006. 976 pp. Casebound. ISBN: 1-59460-030-9.
This new casebook, the most comprehensive ever written about the subject, is sure to be a hit with both students and instructors. Unlike previous works, which have treated aviation law as a narrow and technical specialty, this text is driven by a broad and unique vision. Through the use of contemporary cases, extensive notes, intriguing problems, and frequent references to popular culture, it is the first to make clear just how large a role aviation plays in everyday life and explain why all lawyers can profit from having at least a passing familiarity with the field.
The text—fresh and crisply written—is organized into six chapters that can be taught as sequenced or in an instructor’s preferred order. After an introductory chapter that explains the principles of flight, identifies the sources of aviation law, and reflects on the ethical challenges faced by aviation practitioners, the book proceeds to look at the legal issues surrounding aircraft, airmen (pilots, mechanics, flight attendants), airlines (both passenger and cargo), and airports.
Inside the book users will find 112 principal readings, 168 notes, 25 problems, and 30 appendices. The principal readings are drawn from a rich variety of sources, including cases, law review and bar journal articles, newspaper reports, and legislative and executive pronouncements. The notes both expand on the principal readings and provide commentary on additional issues and subjects. The problems, one for each section, allow students to quickly determine if they have successfully mastered the materials they have just read. And the appendices reproduce the most important air treaties—from Paris (1919) and Warsaw (1929) to Montreal (1999) and Cape Town (2001)—thereby further increasing the book’s utility and flexibility (while obviating the need for students to purchase and carry with them a separate statutory supplement).
A particularly distinguishing feature of the book is its focus on the social history of aviation. Thus, sprinkled liberally throughout the notes are references to the men and women who have become part of aviation lore, including the Wright Brothers, Charles Lindbergh, Amelia Earhart, Howard Hughes, Chuck Yeager, D.B. Cooper, and Jessica Dubroff. Also covered are notable historical incidents, such as the 1948 Berlin Airlift, the 1960 U-2 spy plane crisis, the 1976 Entebbe Airport raid, and the 1983 U.S.S.R. shoot-down of a civilian airliner. As one would expect, special attention is paid to 9/11 and its aftermath—from the renaming of Newark International Airport to the numerous changes [*914] that have been made in boarding procedures to the dispute over how to compensate the victims and their families.
The notes also draw heavily from popular culture. Thus, students learn not only from treaties, cases, and statutes, but from such varied and fun fare as Erica Jong’s Fear of Flying, Donald Trump’s The Apprentice, and that TV show “about nothing” (Seinfeld). As a result, students are far more likely to come to class prepared, excited, and eager to participate.
Lastly, the Teacher’s Manual will help both new and experienced instructors get the most out of the book. In addition to comprehensively analyzing the text, it offers tips for preparing extra credit assignments, leading field trips, tapping guest speakers, and incorporating video clips into class presentations
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California Contract Law, by Craig A. Smith. Carolina Academic Press. 2006. 332 pp. Casebound. ISBN: 1-59460-232-8.
This casebook, written by a lawyer who has taught the contracts course in a California law school for twenty years, provides a convenient way for a contracts instructor to integrate California law into a general contracts course curriculum. Comprehensive in its scope, this book can be used either as a stand-alone casebook or as a supplement to a principal casebook in a law school contracts course. It compares and contrasts the principles and rules of general contract law with the specific California statutes and case law in the field of contracts. The California appellate courts have long been a major influence on the field of substantive contract law, shaping the field of contracts beyond the state’s borders. Primary sources of cases and statutes are tied together with concise, easy to understand explanations of the rules of contract law. Smith combines, in a single source, the leading California cases, specific California statutes, and sample legal forms, producing a valuable resource for practicing lawyers and paralegals as well as law students and paralegal students.
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Capital Punishment and the Judicial Process, Third Edition, by Randall Coyne and Lyn Entzeroth. Carolina Academic Press. 2006. 1,154 pp. Casebound. ISBN: 1-59460-272-7.
The third edition of Capital Punishment and the Judicial Process includes all major Supreme Court cases, including the landmark decisions in Roper v. Simmons, Atkins v. Virginia and Ring v. Arizona. With the media’s attention continually focused on capital punishment cases, the death penalty remains a lightning-rod issue. Coyne and Entzeroth focus on Eighth Amendment and Fourteen Amendment challenges to the death penalty, and provide comprehensive treatment of post-conviction and federal habeas corpus issues. [*915]
Capital Punishment and the Judicial Process provides a historical overview of the death penalty and devotes an entire chapter to bedrock issues including deterrence, retribution, brutalization and innocence. A separate chapter examines the impact of race, gender and sexual orientation in capital cases.
Coyne and Entzeroth have updated their materials to include all relevant recent developments in the field, including the growing importance of international law, the resumption of federal executions, the results of the capital trial of terrorist Zacarias Moussaoui and the American Bar Association’s call for a moratorium on executions.
In a methodical and comprehensive fashion, Capital Punishment and the Judicial Process explores death eligibility, jury selection, aggravating and mitigating factors, the right to effective counsel, prosecutorial misconduct, the use of psychiatric experts, stays of execution, state and federal habeas procedures, clemency and methods of execution.
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A Complete Introduction to Corporate Taxation, by Reginald Mombrum and Gail Levin Richmond. Carolina Academic Press. 2006. 352 pp. Clothbound. ISBN: 1-59460-075-9.
Most books on the taxation of C corporations ignore important parts of this area, such as affiliated corporations and the filing of consolidated returns. This book, in addition to discussing the rules of Subchapter C, also introduces the concepts of affiliated corporations and the important area of consolidated returns. Hence, the reader receives a complete view of corporate taxation. Part I of the book introduces the tools and terms used by corporate tax lawyers. Part II discusses the taxation of C corporations in general. Part III discusses corporate distributions. Part IV, which covers the major areas of practice, contains an extensive discussion of corporate liquidations, distributions and reorganizations. Part V discusses controlled corporations, affiliated corporations and consolidated returns.
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Contextual Negotiation: Facilitated Procedures as Advanced Negotiation, by Russell L. Weaver and R. Hanson Lawton. Carolina Academic Press. 2006. 364 pp. Casebound. ISBN: 0-89089-336-5.
In Contextual Negotiation, the authors combine the theoretical with the practical to create a unique coursebook. In addition to articles and other discussions of negotiation theory, the book includes problems that enable students to develop and refine their negotiating skills. The book begins with general negotiation theory, progresses to simulations that allow students to hone their negotiation skills, and then offers readers the opportunity to study and practice negotiations in various contexts (e.g., family law, commercial law, and criminal law). [*916]
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Contracting Law, Fourth Edition, by Amy H. Kastely, et al. Carolina Academic Press. 2006. 950 pp. Casebound. ISBN: 1-59460-259-X.
Revised and updated to 2006, the fourth edition of Contracting Law continues the clear explanations of contract doctrine, engaging cases, and thought-provoking cultural and historical materials that have made this casebook a favorite of students and professors. Students and faculty appreciate the fact that no separate statutory supplement is necessary. Selected provisions from the Restatement Second of Contracts and the Uniform Commercial Code are included in the casebook as appendices. The workbook (purchased separately), complete with flow charts, vocabulary lists, problems and structured exercises, helps students understand legal doctrines, case briefing, and synthesis. Students can use the workbook independently or exercises can be used in class discussions.
The fourth edition augments the cultural material with notes and questions showing the social contexts for specific contract doctrines. Many sections are shortened and reorganized for ease of use in 3-, 4-, or 5-credit courses. At the same time, UCC coverage is expanded (including both the pre-and post-2003 versions of Article 2) for those courses designed to include sales law.
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Corporations: Cases and Materials, by Lawrence E. Mitchell and Dalia Tsuk Mitchell. Carolina Academic Press. 2006. Casebound. ISBN: 1-59460-2530
This casebook is meant to be different. While it examines all the issues other casebooks examine and uses familiar cases, it brings history, political and moral philosophy, sociology, psychology, and, of course, economics, to bear upon the study of corporate law. Using this multidisciplinary approach, the authors explore the corporation not only as the most prominent means for conducting business, as other casebooks do, but also as an extremely powerful social, cultural, and political actor. The authors believe that attention to these different aspects equips students to be better corporate lawyers and better lawyer citizens in a rapidly growing global society.
The casebook is arranged so as to be conducive to a variety of teaching methods. In addition to the cases, the authors include notes and ask probing questions after each case. They have their own views of many of the questions, but they attempt to avoid any clear bias. In their own teaching, they have found that many of these questions lead to important and lively doctrinal and theoretical discussions. [*917]
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Cybercrime: The Investigative, Prosecution and Defense of a Computer-Related Crime, Second Edition, by Ralph D. Clifford. Carolina Academic Press, 2006. 249 pp. Paperbound. ISNB: 1-59460-150-X.
Cybercrime: The Investigation, Prosecution and Defense of a Computer-Related Crime is a legal workbook for anyone involved in the rapidly developing area of cybercrimes. It comprehensively covers determining what conduct is considered a cybercrime, investigating improper cyber conduct, trying a cybercrime case as a prosecuting or defending attorney, and handling the international aspects of cybercrimes.
Editor Ralph Clifford includes the contributions of six authors chosen for their proficiency and experience in cybercrime cases. Professor Susan Brenner is a nationally recognized expert in computer-based criminal conduct. Prosecuting attorney Ivan Orton has investigated and prosecuted numerous cybercrimes for the Seattle, Washington prosecutor’s office. Likewise, defense attorney Joseph Savage has defended many individuals accused of cybercrimes. Before joining the Southern New England School of Law faculty in 2004, Miriam Miquelon-Weismann practiced law for 26 years both as a federal prosecutor in the United States Attorneys’ Office and as a partner in the national law firm of Keck, Mahin & Cate. Dianna Lamb is a litigator at Fried, Frank, Harris, Shriver & Jacobson, LLP. Finally, attorney Jessica Herrera has been involved in the international attempts to address cybercrimes as a member of the Computer Crime and Intellectual Property Section of the U.S. Department of Justice. The combined expertise of these authors will give those involved with cybercrimes — whether as attorneys, police officers, or policy makers — the knowledge they will need to be effective.
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Florida Property Law, Volume 1: Possession, Estates, and Tenancy, by John Makdisi. Carolina Academic Press. 2006. Casebound. ISBN: 1-59460-266-2.
Florida Property Law adds two innovative features to the traditional mode of teaching the basic property course – a learning-by-doing approach and a focus on the law of one jurisdiction. In order to provide students with a deliberative learning-by-doing approach, this book is designed to present a hypothetical problem in advance of class so that the student can prepare an answer on his own for later discussion and evaluation in class. Each problem in the book is designed to be solved by reading, analyzing and applying the cases and materials that accompany it. Speed of analysis is no longer a primary factor for success in the classroom. The problems are more complex than those presented ad hoc by the teacher in class, and emphasis is now placed on the student’s proactive analytical abilities to solve issues on her own.
The five chapters in the book that are devoted to estates and future interests
are designed with problem sets instead of hypothetical problems. This area of
the law is best learned by working through several short fact patterns rather
than the long fact pattern found in the hypothetical problems. Answers to the
problem sets are provided at the end of the chapter. [*918]
A second feature of this book, in addition to the problems and problem sets attached to each chapter, is the adoption of cases and materials primarily within one jurisdiction to expound the law. The traditional assignment of cases from several jurisdictions gives the impression that we have one common law jurisdiction when, in fact, each state has its own. Only by studying the law of one jurisdiction consistently can one start to appreciate law as a well-integrated whole, each of whose parts is dependent on the rest. Only within the context of a single jurisdiction does the law truly become a seamless web.
Florida is ideal as a jurisdiction to study because most of its law conforms
with the rules and principles of property law that are generally accepted
throughout the states. When a rule or principle differs radically from the rest
of the states, that fact is indicated. When a rule or principle to govern a
particular issue is undecided in Florida , cases from other jurisdictions are
offered to provide an opportunity for students to argue policy reasons for or
against adoption of the rule in Florida . This absence of law on a particular
point of law in Florida makes the policy argument real in the sense that it will
probably have to be made one day in the Florida courts or legislature
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Heights of Justice: Discourse from Boston College, by Lawrence A. Cunningham. Carolina Academic Press, 2006. 640 pp. Clothbound. ISBN: 1-59460-233-6.
In this pioneering book, Cunningham arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC faculty in dozens of different legal subjects.
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Human Rights Module, Second Edition, by Jordan J. Paust, et al. Carolina Academic Press. 2006. 448 pp. Paperbound. ISBN: 1-59460-285-9.
The Human Rights Module provides an up-to-date exploration of the “core” international crimes most often associated with human rights infractions for those interested in human rights and for use in international law courses, human rights courses, or seminars. “Core” crimes include crimes against humanity, genocide, other crimes against human rights (such as torture, criminalized race discrimination, apartheid, hostage-taking, and disappearances), and war crimes. There is also a separate chapter on sanctions against Karadzic that applies many of the core crimes in both criminal and civil sanctions arenas (before the International Criminal Tribunal for former Yugoslavia and the U.S. federal courts) with respect to one setting: the conflict in Bosnia-Herzegovina. This book is an excellent resource for courses focusing on crimes against humanity, genocide, and other [*919] crimes against human rights (and/or war crimes). Author Jordan J. Paust presents cases and materials in Part One and documents in Part Two. These sections may be used separately or in different groupings as relevant to particular needs. Non-scholarly readers interested in human rights will also find the book informative.
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International Criminal Law Documents Supplement, by Jordan J. Paust, et al. Carolina Academic Press. 2006. 620 pp. Paperbound. ISBN: 1-59460-277-8.
This Documents Supplement can be used along with the third edition of Internatonal Criminal Law.
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International Dispute Resolution: Cases and Materials, by Mary Ellen O’Connell. Carolina Academic Press. 2006. 578 pp. Casebound. ISBN: 1-59460-052-X.
International Dispute Resolution examines the principles and processes for resolving disputed questions of public international law. It follows the classic approach in this field of international law, being organized around the procedures: negotiation, good offices, mediation, inquiry, conciliation, arbitration, and judicial settlement. The disputes resolved through these methods may be treaty disputes, boundary disputes, disputes over human rights violations, environmental damage, and war crimes, for example. International dispute resolution is, in a sense, the civil and criminal procedure of international law, and the challenge is to teach procedural rules without spending too much time on the substantive law of the disputes being settled. This casebook meets that challenge. In addition, each section has a problem based on a real world international dispute. The problems, plus the compelling subject matter, challenge students to consider not only how the peaceful mechanisms of dispute resolution work in today’s world, but how those mechanisms can work better.
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International Human Rights and Comparative Mental Disability Law: Cases and Materials, by Michael L. Perlin, et al. Carolina Academic Press. 2006. Casebound. ISBN: 1-59460-210-7.
The issue of the human rights of people with mental disabilities has been ignored for decades by the international agencies vested with the protection of human rights on a global scale. It is only within the past several years that society has begun to understand that violations of persons’ mental disability rights are violations of human rights. This is the first and only casebook that considers the intersection between international human rights law and comparative mental disability law; it provides a systematic investigation of all of the relevant issues. Topics covered include a comparison of civil and common law systems, an overview of international human rights law, an overview of regional human [*920] rights tribunals, an overview of U.S. constitutional mental disability law, mental disability law in an international human rights context, comparative mental disability law (civil and common, scholarly articles and case law), the use of institutional psychiatry as a means of suppressing political dissension, the “universal factors” in this area of law, and the globalization of disability law.
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International Litigation and Arbitration: Practice and Planning, Fifth Edition, by Russell Weintraub. Carolina Academic Press. 2006. 696 pp. Casebound. ISNB: 1-59460-221-2.
Many important developments have made it desirable to publish a new edition of International Litigation and Arbitration. The 5th edition will be available in April 2006 in time for summer and fall 2006 classes. As with past editions, a detailed teacher’s manual is available and the materials will be kept up to date with annual supplements.
A new feature is an introduction to chapter 1 that provides an overview of conflict of laws, personal jurisdiction, and issues arising from the U.S. division of adjudicatory competence between state and federal courts. Retained from the 4th edition is a problem appendix with which teachers can cover or review major portions of the book. The teacher’s manual analyzes the problems.
New principal cases decided since the 4th edition include U.S. Supreme Court decisions on the retroactivity of the Foreign Sovereign Immunities Act, the meaning of the convention term “accident” when seeking recovery for injuries incurred on international flights, the ability of foreigners injured abroad to recover under the Sherman Act, the Federal Tort Claims Act, and the Alien Tort Claims Act. A new principal case and extensive notes expand the analysis of personal jurisdiction based on Internet activities. The 5th edition increases the coverage of arbitration including discussions of obtaining evidence, the “nonneutral” arbitrator, and when a nonsignatory is bound by an agreement to arbitrate. Extensive notes, a feature of this and past editions, bring the book up to date including this year’s Ninth Circuit en bank decision, which is the latest chapter in Yahoo!’s efforts to free itself from the mandates of a French court, and last year’s decisions of the Court of Justice of the European Communities further restricting the ability of English courts to grant forum non conveniens stays, and of the House of Lords denying recovery for deep vein thrombosis induced by the circumstances of international airplane travel.
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The Law and Higher Education: Cases and Materials on College and Court, Third Edition, by Michael A. Olivas. Carolina Academic Press. 2006. Casebound. ISBN: 1-59460-224-7. [*921]
Now in its third edition, this book reflects the extraordinary growth in “the law of higher education” and the accompanying rise in scholarship and commentary on higher education law and governance. The case selection reflects major themes and issues. To this end, cases with interesting facts but less precedential value, news accounts of fascinating developments, and insights and articles from scholars and practitioners have also been used. The result is a unique book on a rapidly growing area of law and society.
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Lawyering Skills in the Representation of Persons With Mental Disabilities: Cases and Materials, by Michael L. Perlin, et al. Carolina Academic Press, 2006. 260 pp. Paperbound. ISBN: 1-59460-241-2.
This book covers areas not included in traditional mental disability law casebooks. Topics covered include interviewing and counseling; issues of proof in mental disability law cases; dealing with expert witnesses; outpatient commitment; and conditions in forensic facilities.
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Louisiana Security Devices: A Precis, by Jason J. Kilborn. Carolina Academic Press, 2006. 176 pp. Paperbound. $22.00. ISBN: 1-59460-219-0.
For the first time, readers will find here in one place a clear and up-to-date discussion of all of the various “security devices” in Louisiana law, including the most current Louisiana version of Article 9 of the Uniform Commercial Code, mortgages, statutory liens (“privileges”), and personal guarantees (“suretyship”). Written to be easily accessible by non-experts, this book offers both a basic introduction and a detailed but concise explanation of the operation of each of the available security devices, including the complex rules for determining priority among the various devices when they compete with each other, a trustee in bankruptcy, or the Internal Revenue Service. With the help of a logically structured and detailed table of contents, as well as simple illustrations of particularly complex topics, students and lawyers can solve difficult problems with minimal effort. By bringing all of this material together in a clear and focused framework, this book is designed to reduce study and research time for complex secured transactions questions and to increase students’ and lawyers’ confidence in the resolution of often difficult and confusing commercial law problems in the unique environment of Louisiana law.
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Michigan Legal Research, by Pamela Lusaght. Carolina Academic Press. 2006. 144 pp. Paperbound. ISBN: 1-59460-156-9.
Michigan Legal Research focuses on the process of researching Michigan law and on how to research effectively and efficiently in the context of solving legal problems. In [*922] addition to a comprehensive discussion of the research process, Lysaght covers enacted law; judicial law; secondary sources; case-finding tools; and legal citation. In covering these sources, particular attention is devoted to integrating free online sources with print sources into an overall research strategy. To assist students with understanding research concepts and strategies in light of judicial constraints, the book includes references to, and discussions of, researching federal law.
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Modern Patent Litigation, Second Edition, by Paul M. Janicke. Carolina Academic Press. 2006. 430 pp. Casebound. ISBN: 1-59460-207-7.
Modern Patent Litigation was the first casebook to deal exclusively with the substantive issues that arise in patent litigation. Now, the original edition has been extensively updated to account for the very important case law developments over the last six years in patent litigation. Included are new cases on patent claim interpretation, the patent-antitrust interface, summary judgment standards, attorney-client privilege, and measures of damages. New notes have also been added to reflect newly emerging issues in the field, such as the revised thinking on convoyed sales as a damages element and the meaning of “acting in concert” with regard to injunctions.
Designed for use in an advanced course on patent law, this book is written for students who have already completed a course in basic patent law. Janicke concentrates on patent claims as determinants of coverage and lays out the subject in terms of the power of patent litigation. A chapter on remedies of the accused infringer deals primarily with declaratory relief, attorneys’ fees, and indemnity. Other chapters include jurisdictional and venue issues in patent cases, the various kinds of estoppels that may be operative, details of affirmative defenses, and the impact of a particular judgment on later proceedings involving the same patent.
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Modern Statutory Interpretation, by Linda Jellum and Devaid Charles Hricik. Carolina Academic Press. 2006. 460 pp. Casebound. $45.00. ISBN: 1-59460-142-9.
This text is designed to teach statutory interpretation as a lawyering process. It uses a combination of traditional cases along with problems to accomplish that objective. Broadly organized around the process of interpretation, it focuses first on the plain meaning of the text and then addresses the question of whether and, if so, when courts will examine sources other than the text for meaning. The book then addresses the various approaches and theories to interpretation and examines how those approaches have been applied to particular interpretative problems, such as implied rights, administrative interpretations, and the interpretation of “uniform statutes.” Within each chapter, subjects are introduced with concise summaries of core concepts. After that introduction, a well-edited case explores the uncertainties and boundaries of those core concepts. The notes and questions following each principal case are designed to help [*923] focus — before class — the students’ thoughts and understanding of the case and the concepts it raises, including the broader implications. Finally, problems are included for key subjects to ensure that the students learn statutory interpretation skills. Each problem lends itself to at least two arguments (and usually more) and relies upon and requires further inquiry into the concepts in the chapter.
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Religious Organizations in the United States: A Study of Identity, Liberty, and the Law, by James A. Serritella, et al. Carolina Academic Press, 2006. 864 pp. Clothbound. ISBN: 1-59460-028-7.
This book examines the legal structures within which religious organizations conduct their activities. The legal structures of religious organizations encompass not only their corporate organizations, but the many ways employment, property ownership, decisions regarding forms of ministry, and participation in society define a particular institution. The authors, from a variety of practicing, religious, and scholarly backgrounds, provide a range of perspectives — both practical and theoretical — on these issues. The book fills a void in the current resources, providing a detailed description of policies, identity, and the effect of legal rules on church structures.
Contributors include Patricia Carlson, Angela Carmella, Mark Chopko, Carl Esbeck, Patty Gerstenblith, H. Reese Hansen, Donald Hermann, Bernadette Kenny, Douglas Laycock, William Marshall, Martin Marty, John Massad, Patrick Schiltz, Elizabeth Sewell and Rhys Williams.
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Succeeding in Law School, by Herbert Ramy. Carolina Academic Press. 2006. 250 pp. Paperbound. ISBN: 1-59460-189-5.
As the Director of Suffolk University Law School’s Academic Support Program, Ramy begins receiving phone calls from new 1Ls as early as May. Their common question? “What do I need to do to succeed in law school?” Ramy has written Succeeding in Law School to provide an answer. Just as importantly, the text was also written with the Academic Support Professional in mind. The book is mindful of the rigorous learning environment students face. Each chapter and the accompanying exercises can be completed in a modest amount of time. The book incorporates examples, a few cases, hypotheticals, and exercises so that students can practice their new skills and measure their progress. In addition to students receiving the feedback they crave, the exercises allow professors to assess students’ progress throughout the semester. Whether students are seeking advice in the summer months or are coming in for help once the school year has begun, this book can be an important tool for helping them get the most out of their abilities. [*924]
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Telecommunications Law and Policy, Second Edition, by Stuart M. Benjamin, et al. Carolina Academic Press. 2006. 1,208 pp. Casebound. ISBN: 1-59460-139-9.
This book engages in advanced analysis of the key constitutional, administrative, and economic issues that arise in the various telecommunications settings. The new edition will continue the tradition of the first by offering a comprehensive yet lively and accessible introduction to the various regulatory regimes applicable to broadcast radio, broadcast television, cable television, all forms of telephony, and the Internet.
The second edition will contain discussions and journal excerpts in addition to excerpts from important legal materials — the cases and FCC documents that define regulatory policy today — designed to help readers understand the technologies, economic principles, and business strategies that undergird the modern telecommunications market. The authors have streamlined much of the older material, resulting in a more compact casebook that will focus the bulk of its materials on current controversies and modern regulatory strategies. Summaries and previews at the start of each set of readings still help students know what to read for and questions at the end of each set still encourage students to think critically about those materials.
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Tort and Injury Law, Third Edition, by Marshall S. Shapo and Richard J. Peltz. Carolina Academic Press. 2006. 1,032 pp. Casebound. ISBN: 0-89089-205-3.
Featuring both classic and modern dramatic cases, the third edition of Tort and Injury Law includes provocative problems and pithy topic outlines. The cases, selected for intrinsic interest and teachability, are interspersed with materials on law and economics, behavioral data, and legal philosophy. Shapo and Peltz constantly employ motifs that introduce basic techniques of judicial analysis and modes of judicial administration. They deftly convey the the human drama of courtroom trials by strategically weaving transcript excerpts throughout the text. The new edition contains focused presentation of modern controversies in law and policy, including:
The section on duty and proximate cause, chock-full of interesting cases, presents a flexible framework for a variety of approaches to the topic. In addition, stimulating materials on medical malpractice appear in several sections of the book. Another highlight of the book is its materials on current problems in toxic torts, including issues of scientific proof. Tort and Injury Law presents many opportunities for selection to suit the preferences of a wide range of torts teachers. After building a backbone for the book out of fundamental concepts pivotal to the beginning lawyer, Shapo and Peltz weave [*925] threads of law and economics, moral philosophy, and feminist jurisprudence around that spine. The comprehensive teacher’s manual contains up-to-date references for case law, scholarly articles and The Third Restatement. Besides providing professors with a variety of course-planning materials, the teacher’s manual also contains a large number of exam problems.
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War Crimes and War Crime Trials: From Leipzig to the ICC and Beyond: Cases and Materials, by John C. Watkins Jr. and John Paul Weber. Carolina Academic Press. 2006. 856 pp. Casebound. ISBN: 1-59460-307-1.
This is both a casebook of selected war crime decisions by various national and international tribunals in the twentieth and early twenty-first centuries as well as a brief historical account of the geopolitical, diplomatic and military events surrounding them. The text is divided into six parts arranged in chronological order, beginning with the Hague Peace Conferences of 1899 and 1907 up to the Summer 2004 decisions by the Supreme Court of the United States, which dealt with transnational terrorism committed by United States’ citizens as well as the Guantanamo Bay, Cuba, detainees held under the authority of the Bush Administration.
War Crimes and War Crime Trials contains edited excerpts from forty-four judicial opinions embellished with a congeries of international, national, military and political documents that add context to the case law. The editors have included fairly extensive selections from some of the major materials that have surrounded subsequent war crime litigation. Also included are an epilogue by Michael Ignatieff; an eleven-entry appendix; a glossary containing over 200 words; a reference section of over 1,400 citations from a wide variety of legal, historical and international relations literature; and a name and subject index.
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Medicare Meets Mephistopheles, by David A. Hyman. CATO Institute, 2006. pp.138. ISBN: 1-930865-92-9.
Let’s say you’re the devil, and you want to corrupt the
American republic. How would you go about it? According to David Hyman, you
might create something like Medicare, the federal health care program for the
elderly.
Hyman submits that Medicare may be the greatest trick the devil ever played.
Medicare feeds on the avarice of doctors and other providers, turns seniors into
health care gluttons, and makes regions of the United States green with envy
over the dollars showered on [*926] other regions. The program exploits the
sloth of government officials to increase the tax burden on workers and drag
down the quality of care for seniors. Medicare makes Democrats lust for
socialized medicine, while its imperviousness to reform makes Republicans
angrier and angrier. Most of all, Medicare allows its ideological supporters to
bleat and preen their way to the heights of moral vanity.
In the style of C.S. Lewis’ The Screwtape Letters, Hyman writes that
Medicare has “freed the self-interest of these mortals from its natural
restraints. As a result, the seven deadly sins have blossomed.”
With epic political battles over Medicare and the future of limited government
looming just over the horizon, Hyman uses satire to cast a critical eye on this
mediocre government program.
Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justice, by Melvin I. Urofsky. CQ Press, 2006. 692 pp. ISBN: 1-933116-48-X.
The recent dramatic shift in makeup of the U.S. Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court.
Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation’s highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito.
Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as:
Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice.
This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.
Delinquency and Juvenile Justice Systems in the Non-Western World, by Paul C. Friday and Xin Ren. Criminal Justice Press, 2006. ISBN: 1-881798-67-4.
Why has youth crime been rising in the developing
countries, and how well have their juvenile justice systems responded to this
trend? This anthology profiles delinquency rates and juvenile justice systems in
chapters on China, India, Japan, Macao, Nigeria, Pakistan, the Philippines,
Saudi Arabia, South Africa, Thailand and Turkey. Each nation’s distinctive
response to youth crime is described in the contexts of its indigenous culture
and customary law, and of its historical encounters with external legal
traditions: the latter include common law, civil law, Islamic law, socialist
law, and Asian philosophies.
The authors link the growth of juvenile crime in the developing world to the
emerging cultural emphases on individualism and materialism, which are viewed as
byproducts of modlernization. In their introduction, the editors also highlight
commonalities and differences among the juvenile justice systems profiled,
including their levels of compliance with international standards for juvenile
justice.
Contemporary Supreme Court Cases: Landmark Decisions since Roe v. Wade, by Donald E. Lively and Russell L. Weaver. Greenwood Publishing Group, 2006. 262 pp. ISBN: 0-313-33514-1.
Through the examination of these cases, the authors provide readers with an understanding of the significant role that the Supreme Court performs in shaping the [*928] boundaries of governmental power and contours of individual rights and liberties. The review of these modern decisions is provided against a historical backdrop that affords perspective and enriched context. Selection of the landmark decision (Roe v. Wade) as a departure point makes the book particularly useful in understanding the Court’s impact upon contemporary American society. Given the controversial nature of this decision, which recognized a woman’s liberty to elect an abortion, it also serves as a portal for examining the points and counterpoints with respect to the Court’s function. Treadlines during this period profile a Court that grew increasingly cautious in charting constitutional rights and liberties and equality principles and less amenable to unbridled expansion of federal power. Through processes of review that limit protected speech or reflect less concern when speech is burdened by regulation that is not content-based or does not target expression directly, for instance, the Court has imposed significant curbs upon the First Amendment. Overall, the Supreme Court has become increasingly assertive in reviewing congressional power to regulate in areas that fall within the historical province of the states. This work engenders an appreciation for how constitutional power, rights, and liberties are not a constant over time but works in progress that are subject to the ebb and flow of judicial philosophy. Written for a general audience and particularly accessible for non-law school students and non-lawyers, fact and summary boxes provide quick insight and understanding of cases. Entries include Craig v. Boren (1976), Illinois v. Gates (1983), Immigration and Naturalization Service v. Chadha (1983), Reno v. American Civil Liberties Union (1992), United States v. Virginia (1996), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), Hamdi v. Rumsfeld (2004), and many others. In addition, a glossary defines key terms.
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The Power to Legislate: A Reference Guide to the United States Constitution, by Richard E. Levy. Praeger, 2006. 220 pp. ISBN: 0-313-32284-8.
In a political climate where the machinery of the federal government has grown increasingly complex, The Power to Legislate offers a comprehensive and in-depth analysis of the extent and limitations of legislative power granted by the U. S. Constitution. By examining the historical development of the Constitution as well as judicial precedent set by the Supreme Court, Richard E. Levy develops a systematic account of federal legislative power that is ideal for anyone interested in constitutional history and political science. Levy focuses his investigation on three distinct, yet related, aspects of federal legislative power: the “necessary and proper clause” of Article I, the delegation of powers to the various federal institutions, and the deliberative powers of Congress to conduct investigations and interrogations. The Power to Legislate synthesizes these three crucial ideas into a fresh perspective that sheds light on today’s controversies. [*929]
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The Right to a Speedy and Public Trial: A Reference Guide to the United States Constitution, by Susan N. Herman. Greenwood Publishing Group, 2006. pp. 255. ISBN: 0-313-32108-6.
Herman provides an analysis and reference guide for the rights to a speedy and public trial that the Sixth Amendment guarantees in all criminal prosecutions. She provides a history of the generation of each right from ancient times through the present. The public trial chapters analyze the development of Supreme Court case law interpreting the Sixth Amendment rights and the companion First Amendment right of public access to trials, and then discuss current questions about open proceedings involving alleged terrorists. The speedy trial chapters trace the development of the ideal of prompt proceedings and the Supreme Court’s laws in this area, including a critique of the major Supreme Court cases. Discussion of recent case law highlights open issues regarding the scope of the Sixth Amendment rights and comments on the impact of speedy trial legislation introduced in the 1970s. Each section concludes with a bibliographical essay discussing the major books and law review articles written in each area and also included a table of cases cited.
McGill-Queens University Press
Constitutional Origins, Structure, and Change in Federal Countries, Vol. 1, by John Kincaid and G. Alan Tarr. McGill-Queen’s University Press, 2005. 468 pp. $29.95 (cloth). ISBN: 0-7735-2849-0.
Providing examples of diverse forms of federalism,
including new and mature, developed and developing, parliamentary and
presidential, and common-law and civil law, the comparative studies in this
volume examines constitutions in Australia, Belgium, Brazil, Canada, Germany,
India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United
States. Each chapter describes the provisions of a constitution, explains the
political, social, and historical factors that influenced its creation, and
explores its practical application, how it has changed, and future challenges,
offering valuable ideas and lessons for federal constitution-making and reform.
Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher
(Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan
Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada),
Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl
Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland),
Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).
[*930]
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Distribution of Powers and Responsibilities in Federal Countries, Vol. 2, by Akhtar Majeed, Ronald Watts, and Douglas M. Brown. McGill-Queen’s University Press, 2005. 380 pp. $34.95. ISBN: 0773530045.
The comparative studies in this volume examine the
constitutional distribution of exclusive and shared powers and responsibilities
among the national and constituent governments of Australia, Belgium, Brazil,
Canada, Germany, India, Mexico, Nigeria, Spain, Switzerland, and the United
States. Contributors examine the reasons behind each country’s system of power
distribution, how it works, changes over time, successes or failures, and future
trends in the allocation and sharing of power.
Contributors include Hugues Dumont (Belgium), J.Isawa Elaigwu (Nigeria), Thomas
Fleiner (Switzerland), Xavier Bernadí Gil (Spain), Ellis Katz (USA), Nicolas
Lagasse (Belgium), George Mathew (India), Clement Macintyre (Australia), Enric
Argullol Murgades (Spain), Manuel González Oropeza (Mexico), Marcelo
Piancastelli (Brazil), Hans-Peter Schneider (Germany), Richard Simeon (Canada),
Marc Van der Hulst (Belgium), Sébastien Van Drooghenbroeck (Belgium), and John
M. Williams (Australia).
The French edition of this book, Répartition des compétences et responsabilités
dans les pays fédéraux, is forthcoming.
Law 101: Everything You Need to Know About the American Legal System, Second Edition, by Jay M. Feinman. Oxford University Press. 2006. 363 pp. ISBN: 0-19-5197957-9.
“An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading.”--Library Journal
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Street Gang Patterns and Policies, by Malcolm W. Klien and Cheryl L. Maxson. Oxford University Press. 2006. 266 pp. ISBN: 0-19-516344-3.
Offers a critical and comprehensive review of the major gang control programs across the United States and specific policy guidelines to help communities improve their gang prevention, suppression, and intervention methods. [*931]
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What a Mighty Power We Can Be: African American Fraternal Groups and the Struggle for Racial Equality, by Theda Skocpol, Ariane Liazos, and Marshall Ganz. Princeton University Press, 2006. 291 pp. ISBN: 0-691-12299-7
From the nineteenth through the mid-twentieth centuries, millions of American men and women participated in fraternal associations--self-selecting brotherhoods and sisterhoods that provided aid to members, enacted group rituals, and engaged in community service. Even more than whites did, African Americans embraced this type of association; indeed, fraternal lodges rivaled churches as centers of black community life in cities, towns, and rural areas alike. Using an unprecedented variety of secondary and primary sources--including old documents, pictures, and ribbon-badges found in eBay auctions--this book tells the story of the most visible African American fraternal associations.
The authors demonstrate how African American fraternal groups played key roles in the struggle for civil rights and racial integration. Between the 1890s and the 1930s, white legislatures passed laws to outlaw the use of important fraternal names and symbols by blacks. But blacks successfully fought back. Employing lawyers who in some cases went on to work for the NAACP, black fraternalists took their cases all the way to the Supreme Court, which eventually ruled in their favor. At the height of the modern Civil Rights movement in the 1950s and 1960s, they marched on Washington and supported the lawsuits through lobbying and demonstrations that finally led to legal equality. This unique book reveals a little-known chapter in the story of civic democracy and racial equality in America.
Theda Skocpol is Victor S. Thomas Professor of Government and Sociology and Dean of the Graduate School of Arts and Sciences at Harvard University. Ariane Liazos is a Ph.D. candidate in history at Harvard University. Marshall Ganz is Lecturer in Public Policy at the Kennedy School of Government, Harvard University.
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Fixing Families: Parents, Power, and the Child Welfare System, by Jennifer A. Reich. Taylor and Francis Group, 2005
In Fixing Families, Jennifer Reich takes us inside Child Protective Services for an in-depth look at the entire organization. Following families from the beginning of a case to its discharge, Reich shows how parents negotiate with the state for custody of their children, and how being held accountable to the state affects a family. [*932]
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Criminal Law, Seventh Edition, by Sue Titus Reid. Roxbury Publishing Company. 2007. 503pp. Paperbound. ISBN: 1-933220-32-5.
This text, written by esteemed criminologist and attorney
Sue Titus Reid, offers a comprehensive, contemporary introduction to the vast
scope of criminal law, using a modified case approach. It focuses on
applications to the real world through the generous use of current events and
case excerpts that help students connect to the material.
By featuring carefully excerpted court opinions and cases to illustrate
important points, Reid gives students a taste of the traditional case method
without burdening them with massive amounts of legal material. The author’s
succinct writing style sustains student interest, minimizing unnecessary legal
jargon and academic terminology.
The book’s broad coverage includes misdemeanors as well as felonies, federal and
state statutes and cases, and constitutional principles relating to criminal
law. This edition engages student interest through its coverage of topics such
as the bombing of abortion clinics, pornography, child abuse, domestic violence,
animal cruelty, racketeering, cyberstalking, identity theft, terrorism, elder
abuse, juvenile issues, drug abuse and trafficking, and sentencing. The book
also features recent U.S. Supreme Court cases involving the sexual behavior of
gay men, the incarceration of repeat offenders, the legalization of the
medicinal use of marijuana, physician-assisted suicide, the detention of “enemy
combatants” without due process, and the constitutionality of executing
juveniles and the mentally challenged.
Reid weaves appellate court cases into the text, helping familiarize students
with how the judiciary thinks and responds to questions of law. This encourages
students to develop their critical thinking skills by asking them to analyze
court decisions in light of their own views and thinking.
Other features of the new edition include the following:
The Seventh Edition offers recent cases on corporate crime
(such as Enron, Tyco, Arthur Andersen, WorldCom, Adelphia, and HealthSouth),
along with specific individuals [*933] charged with white-collar crimes,
including Sam Waksal, Martha Stewart, Peter Bacanovic, and Richard M. Scrushy.
The book also discusses high-profile crimes involving Kobe Bryant, Debra LaFave,
Joseph Edward Duncan, III, Chante J. Mallard, Lynne Stewart, Terry L. Nichols,
Michael Skakel, Andrew Luster, Andrew Fastow, Andrea Yates, Eric Rudolph, and
juveniles Lionel Tate and Nathanial Brazill.
The book features an updated Instructor’s Manual/Testing Program and Student
Study Guide--as well as state-specific Guides for California, Florida, Illinois,
New York, and Texas.
Street Smart: Competition, Entrepreneurship, and the Future of Roads, by Gabriel Roth. Transaction Publishers, 2006. 564 pp. ISBN: 1-4128-0518-X.
The poor health of today’s roads—a subject close to the
hearts of motorists, taxpayers, and government treasurers around the world—has
resulted from faulty incentives that misdirect government decision-makers,
according to the contributors to Street Smart. During the 1990s, bad government
decision-making resulted in the U.S. Interstate Highway System growing by only
one seventh the rate of traffic growth. The poor maintenance of existing roads
is another concern. In cities around the world, highly political and wasteful
government decision-making has led to excessive traffic congestion that has
created long commutes, reduced safety, and caused loss of leisure time.
Street Smart examines the privatization of roads in theory and in practice. The
authors see at least four possible roles for private companies, beyond the
well-known one of working under contract to design, build, or maintain
governmentally provided roads. These include testing and licensing vehicles and
drivers; management of government-owned facilities; franchising; and outright
private ownership. Two chapters describe the history of private roads in the
United Kingdom and the United States. Contemporary examples are provided of road
pricing, privatizing, and contracting out are evident in environs as diverse as
Singapore, Southern California, and Scandinavia, and cities as different as
Bergen, Norway, and London, England. Finally, several chapters examine
strategies for implementing privatization.
The principles governing providing scarce resources in free societies are well
known. We apply them to such necessities as energy, food, and water so why not
to “road space”? The main obstacle to private, or semi-private, ownership of
roads is likely to remain the reluctance of the political class to give up a
lucrative source of power and influence. Those who want decisions about road
services to be controlled by the interplay of consumers and suppliers in free
markets, rather than by politicians, will have to explain the need for change.
Street Smart makes a powerful case for the need for change and [*934] sheds
light on the complex issues involved.
The Fallacy of Campaign Finance Reform, by John Samples. University of Chicago Press, 2006. 375 pp. ISBN: 0-226-73450-1.
At first glance, campaign finance reform looks like a good
idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national
political parties from accepting soft money contributions from corporations,
labor unions, and wealthy individuals. But are such measures, or any of the
numerous and similarly restrictive proposals that have circulated through
Washington in recent years, really good for our democracy?
John Samples says no, and here he takes a penetrating look into the premises and
consequences of the long crusade against big money in politics. How many
Americans, he asks, know that there is little to no evidence that campaign
contributions really influence members of Congress? Or that so-called negative
political advertising actually improves the democratic process by increasing
voter turnout and knowledge? Or that limits on campaign contributions make it
harder to run for office, thereby protecting incumbent representatives from
losing their seats of power?
Posing tough questions such as these, Samples uncovers numerous fallacies
beneath proposals for campaign finance reform. He argues that our most common
concerns about money in politics are misplaced because the ideals implicit in
our notion of corruption are incoherent or indefensible. The chance to regulate
money in politics allows representatives to serve their own interests at a cost
to their constituents. And, ironically, this long crusade against the corruption
caused by campaign contributions allows public officials to reduce their
vulnerability by suppressing electoral competition.
Defying long-held assumptions and conventional political wisdom, The Fallacy
of Campaign Finance Reform is a provocative and decidedly nonpartisan work
that will be essential for anyone concerned about the future of American
government.
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Forced Passages: Imprisoned Radical Intellectuals and the U.S. Prison Regime, by Dylan Rodriguez. University of Minnesota Press, 2006. ISBN: 0-8166-4561-2. [*935]
Uncovers the growing intellectual and political impact of post-1970s U.S. prison culture.
More than two million people are currently imprisoned in the United States, and the nation’s incarceration rate is now the highest in the world. The dramatic rise and consolidation of America’s prison system has devastated lives and communities. But it has also transformed prisons into primary sites of radical political discourse and resistance as they have become home to a growing number of writers, activists, poets, educators, and other intellectuals who offer radical critiques of American society both within and beyond the prison walls.
In Forced Passages, Dylan Rodríguez argues that the cultural production of such imprisoned intellectuals as Mumia Abu-Jamal, Angela Davis, Leonard Peltier, George Jackson, José Solis Jordan, Ramsey Muniz, Viet Mike Ngo, and Marilyn Buck should be understood as a social and intellectual movement in and of itself, unique in context and substance. Rodríguez engages with a wide range of texts, including correspondence, memoirs, essays, poetry, communiqués, visual art, and legal writing, drawing on published works by widely recognized figures and by individuals outside the public’s field of political vision or concern. Throughout, Rodríguez focuses on the conditions under which imprisoned intellectuals live and work, and he explores how incarceration shapes the ways in which insurgent knowledge is created, disseminated, and received.
More than a series of close readings of prison literature, Forced Passages identifies and traces the discrete lineage of radical prison thought since the 1970s, one formed by the logic of state violence and by the endemic racism of the criminal justice system.
New Actors in Northern Federations: Cities, Mergers, and Aboriginal Governance in Russia and Canada, by Peter H. Solomon, Jr. University of Toronto Press, 2006. 201 pp. $16.00. ISBN: 0-7727-0827-4.
Based on a conference held in December 2005. Includes: “Introduction,” by Peter H. Solomon, Jr.; “Federal Structures and Indigenous Peoples: Conference Discussions,” by Alexei Trochev; “Prospects for Russian Federalism,” by Sergei Valentei; “Redrawing Regional Borders in Russia: Blueprints, Issues, Debates,” by Leonid Polishchuk; “Changing Patterns of Northern Autonomy in Canada and Russia,” by Gary N. Wilson; “The Merger of Regions in Russian and Aboriginal Interests: A Case Study of the Merger of Irkutsk Oblast with Ust-Ordynskii Buriat Autonomous Okrug,” by Irina Dumova; “The Right of Aboriginal Peoples to a National-Territorial Entity,” by Valerii Kriazhkov; “Canada’s Constitutional Ethnography: The Multi-Level Governance of Nunavut,” by Natalia Loukacheva; “Russia: A Federation of Regional Capitals?” by Vladimir Leksin; “Indigenous People in the Cities of Northern Canada: The Importance of the Rural [*936] Economic Base,” by Frances Abele; “The Changing Roles of Cities in Canadian Federalism,” by Robert Young.
Forensic Identification and Criminal Justice: Forensic Science, Justice, and Risk, by Carole McCartney. Willan Publishing, 2006. 247 pp. ISBN: 1-84392-184-7.
This book provides an account of
the development of forensic identification technologies and the way in which
this has impacted upon the legal system. It traces the advent of forensic
identification technologies, focusing on fingerprinting and forensic DNA typing,
and their growing deployment within the criminal justice system. It also
elucidates the ways in which these new technologies are accelerating procedural
changes to investigative practices, and shows the ways in which in some areas
human rights (such as privacy rights and rights against discrimination) are
coming under threat. The use of forensic evidence in criminal investigations and
trials is analysed in detail.
This book uncovers the way in which this new reliance on forensic technologies
has gained a foothold within the criminal justice system, and the risks and
dangers that this can pose. The National DNA Database provides a particular
focus of attention. The author seeks to move beyond an approach that has seen
forensic DNA profiling as error free, situating her analysis within broader risk
discourses
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Fraud, by Alan Doig. Willan Publishing, 2006. 254 pp. ISBN: 1-84392-172-3.
Fraud remains one of the most
important crimes and causes billions of pounds of losses each year, many
thousands of people are employed to try to prevent it, but it has remained
largely neglected in the literature. This book provides comprehensive coverage
of the main issues involved in fraud, its definition, costs, the nature of the
offenders involved in committing fraud, and the issues involved in fraud
investigation. It is written by one of the foremost authorities on the subject,
and covers fraud in the widest sense, ranging from benefit fraud to tax evasion,
credit card fraud, and paying particular attention to fraud using the internet.
A wide range of case studies are presented, portraits are provided of the ways
in which a large number of organizations seek to deal with fraud.
This book will be essential reading for anybody with a professional interest in
fraud and its prevention, as well as the wide number of courses within law,
criminology, social policy and business and management. [*937]
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Holding Your Square: Masculinities, Streetlife, and Violence, by Christopher W. Mullins. Willan Publishing, 2006. 183 pp. ISBN: 1-84392-194-4.
This book is about the meanings of masculinities within the social networks of the streets of an American city (St Louis, Missouri), and how these shaped perceptions and enactments of violence. Based on a large number of interviews with offenders the author provides a rich description of life on the streets, contextualizing criminal violence within this deviant subculture, and with a specific focus on issues of gender. The book provides one of the most detailed descriptions yet of the forms masculinity takes in disadvantages communities in the United States. It establishes how street based gender identity motivated and guided men through violent encounters, exploring how men’s relationships with women and their families instigated violence. One key issue addressed is why men resorted to violence in certain situations and not in others, exploring the range of choices open to them and how these opportunities were interpreted. The book makes a major contribution to the study of the relationship between masculinities and violence, making use of a much larger sample than elsewhere.
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The Price of Sex: Prostitution, Policy and Society, by Belinda Brooks-Gordon. Willan Publishing, 2006. 296 pp. $39.95. ISBN: 1-84392-087-5.
As a society we are buying more
sex than ever before. Adult sex shops now take their place amongst retailers in
the high street and lap dancing clubs compete for an increased share of the
leisure economy. Hotel chains offer sexually explicit films as part of their
standard service, the party selling of adult toys to women in their homes has
become a mainstream activity. And at the traditional end of the sexual service
economy, prostitution has experienced new growth.
Along with this has come new legal measure and attempts to regulate the sexual
leisure economy, and far more comprehensive plans than ever before to regulate
prostitution, in particular in the form of the new Sex Offences Act. This book
seeks to address the range of issues and contemporary debates on the sex
industry, including the demand by customers who buy sex, the policing of women
who work in the street sex industry, and the violence that pervades
prostitution. It shows how these issues have been addressed in policy terms, the
problems that have emerged in this, and how a social policy might be formulated
to minimize harm and enhance public understanding.
Overall the book aims to provide a critical perspective on prostitution policies
and the legal chaos and complexities. [*938]
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Putting Theory to Work: Implementing Situational Prevention and Problem-Orientated Policing, Vol. 20, by Johannes Knutsson and Ronald V. Clarke. Willan Publishing, 2006. 252 pp. ISBN: 1-881798-69-0.
Implementing crime prevention: Lessonslearned from problem-oriented policing projects (Scott) The role of project management inimplementing community safety initiatives (Brown) Implementing crime reductionmeasures: Conflicts and tensions (G Laycock) What is there to gain? A case study in implementing without self-interest. (J Knutsson) Joining up the pieces. What central agencies need to do to support effective local crime prevention. (R Homel) Not seeing the wood for the trees: Mistaking tactics for strategy in crime reduction initiatives (M Hough)Implementation failure and success: Some lessons from England (K Bowers and S Johnson) Mindsets, set minds and implementation (K Pease) Guidance and good practice in crime prevention (N Tilley).
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Sex Work Now, by Rosie Campbell and Maggie O’Neill. Willan Publishing, 2006. 297 pp. ISBN: 1-84392-096-4.
Sex work has risen up the social and political agenda and has recently been the subject of considerable media attention, research, policy formulation and implementation, in particular in the Sex Offences Act 2003. This book aims to provide an overview of sex work today, approaching the subject from an interdisciplinary perspective and cutting across the conventional boundaries of sociology, criminology, politics and social policy.