From: The Law and Politics Book Review
Vol. 15 No.10 (October 2005), pp.954-985

 

BOOK NOTICES:

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

ABC-CLIO

American Psychological Association

Ashgate Publishing Co.

Aspen Publishers

Blackwell Publishing

Cambridge University Press

Carolina Academic Press

Criminal Justice Press

Francis Boutle Publishers

Greenwood Press

MIT Press

Northern Illinois University Press

Oxford University Press

Pearson Longman

Praeger

Rowman & Littlefield

Transaction Publishers

University of Arizona Press

Willan Publishing

Xlibris Corporation

                                                                                                                                               

 

ABC-CLIO

                                                                                                                                               

THE CONSTITUTIONAL CONVENTION OF 1787: A COMPREHENSIVE ENCYCLOPEDIA OF AMERICA’S FOUNDING (2 vols), by John R. Vile.  Ann Arbor: ABC-CLIO Publishing Company, 2005.  1009pp.  Hardcover. $185.00.  ISBN: 1-85109-669-8.

The first encyclopedic treatment of the personalities, politics, and events involved in drafting the U.S. Constitution.

Is the Constitution a timeless document springing naturally from the ideals of the American Revolution? The pivotal moment in the formation of the country—the Constitutional Convention—featured battles among factions, compromise between [*955] ideologies, and disagreements that nearly derailed the enterprise. The product is a document that stands as the guide to governing a representative democracy.

This comprehensive treatment of all the personalities, philosophies, debates, and compromises involved in drafting the U.S. Constitution is the first encyclopedic work on the subject. This book compiles all that information into an easily accessible A–Z format. Biographies of all 55 delegates, analysis of the competing political viewpoints, procedural and substantive disputes, along with a host of other details are all presented here. Both the detail and the scholarship in this book are unmatched in any other work; the encyclopedic presentation simply does not exist elsewhere.

Civil liberties, the scope of authority of the three branches of government, and other constitutional matters are increasingly at the forefront of public discussion. Scholars, citizens interested in self-education, and reference librarians faced with questions about the Constitution will find in this book all they require to answer their needs.

EDUCATIONAL ADEQUACY AND THE COURTS, by Elaine M. Walker.  Ann Arbor: ABC-CLIO Publishing Company, 2005.  225pp.  Hardcover. $45.00.  ISBN: 1-85109-535-7. 

The first work of its kind to present a comprehensive survey of landmark court decisions on educational adequacy and equity claims and their impact on public school reform.

Providing an adequate level of education in public schools has been a continuous challenge. Judicial, legislative, and executive branches of government have collectively and individually sought to address the problems of educational inadequacies. How have courts redressed inequities in their states’ educational systems? Are there alternative remedies to those developed in response to court decisions?

In EDUCATIONAL ADEQUACY AND THE COURTS: A REFERENCE HANDBOOK, education researcher Elaine Walker presents an in depth analysis of pivotal court cases and their impact on educational adequacy and reform, illuminating the inherent challenges of redressing long-standing problems associated with state funding mechanisms for K–12 education.

In addition to an eye opening, state-by-state discussion of court rulings and their effect on education, Walker covers such topics as the moral imperative for educational reform, the failure and success of federal and state reform efforts, and the historical importance of school finance litigation in the reform of school systems in high poverty areas. The work also highlights alternative ways in which improvement can be approached and sheds light on the overall complexities of setting educational policy.

                                                                                                                                               

 

 American Psychological Association

                                                                                                                                               

 

PERSONALITY-GUIDED FORENSIC PSYCHOLOGY, by Robert J. Craig.  Washington, D.C.: American Psychological Association, 2004.  359pp.  Hardcover. $59.95.  ISBN: 1-59147-151-6. [*956]

In PERSONALITY-GUIDED FORENSIC PSYCHOLOGY, Robert J. Craig discusses the hot area of forensic psychology -- the crossroads of law and psychology -- and illustrates how personality-guided assessment is a useful tool in the multiple arenas in which forensic psychologists are active: child custody evaluation, fitness for duty evaluations, personal injury, domestic violence, and many others.

The volume begins with an overview of forensic psychology and the personality theories most relevant to forensic psychology. Chapters cover assessments ranging from relatively normal evaluations (police applicants and officers, custody and personal injury) to those in which severe pathology may come into play (domestic violence and homicide). The book offers a wealth of data on personality-test scores of chronic pain patients, patients who litigate, those who commit sexual or other physical abuse or murder, and others. Psychologists who serve as expert witnesses of friends of the court in legal proceedings, those choosing candidates for intervention programs, and students of forensic psychology will find this book indispensable.

Volumes in the Personality-Guided Psychology series demonstrate the utility and relevance of assessing personality variables in an array of matters of interest to psychologists. Each book illustrates how a clinical syndrome or behavior can be understood in the context of the patient’s unique pattern of overall trait dynamics.

                                                                                                                                               

 

Ashgate Publishing Co.

                                                                                                                                               

CAPITAL PUNISHMENT (Volumes I and II), by Austin Sarat. Ashgate Publishing, 2005. 1258pp. Hardback. $475.00.  ISBN: 0754625036.

Along with the right to make war, the death penalty is the ultimate measure of sovereignty and test of political power, and capital trials are today the moment when that sovereignty is most vividly on display. This volume brings together articles examining the death penalty process, with particular emphasis on capital trials. It highlights the various actors and officials involved in deciding who lives and who dies at the hands of the state, what they do and how they do it. It examines the families of murder victims, lawyers, judges, juries and appellate courts. Each plays a distinctive, and some a controversial role in the death penalty process, bringing different perspectives to bear on decisions made in the process.

 

CHILDREN, MEDICINE AND THE LAW, by Michael Freeman (Series: The International Library of Medicine, Ethics and Law).  Burlington: Ashgate Publishing Company, 2005.  736pp.  Hardback. $300.00.  ISBN: 1 84014 754 7. 

 

Selected for inclusion in this volume are the most significant and influential articles analyzing the key issues surrounding children, medicine and the law today. Issues examined include: the implications of assisted reproduction for children, neonatal intensive care, health care, HIV testing of new-born children, choosing sexual orientation and adolescents and life-and-death decisions. [*957]

INTRODUCTION TO CLASSICAL LEGAL RHETORIC: A LOST HERITAGE, by Michael H. Frost.  Burlington: Ashgate Publishing Company, 2005.  160pp.  Hardback. $99.95.  ISBN: 0-7546-2413-7.

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic.

Beginning with Aristotle’s Rhetoric and culminating with Cicero’s De Oratore and Quintilian’s Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

                                                                                                                                               

Aspen Publishers

                                                                                                                                               

CONSTITUTIONAL LAW: INDIVIDUAL RIGHTS (3RD EDITION), by Allan Ides and Chirstopher N. May.  Baltimore, Maryland: Aspen Publishers, 2004.  Paperback. $37.95.  ISBN: 0735540330.

Constitutional Law: Individual Rights, Third Edition, continues to offer complete coverage as part of a two-volume study-guide set. This book and its companion - National Power and Federalism - provide a solid and comprehensive foundation in the doctrines and methods of constitutional law.

Individual Rights begins with an historical overview and then addresses threshold doctrines such as in corporation, state action, and congressional enforcement. The volume then proceeds to examine the basic protections afforded by substantive and procedural due process, the takings and contracts clauses, equal protection, freedom of speech, freedom of the press, and freedom of religion.

                                                                                                                                               

Blackwell Publishing

                                                                                                                                               

Law & Policy, Volume 27, No. 2 (April 2005), Neil Gunningham and Robert Kagan, guest eds.  Blackwell Publishing, 2005.  171pp. (pb).  ISSN: 0265-8240.

In examining regulatory dynamics, scholars are shifting their focus away from regulatory agencies and toward the subjects of regulation, business entities themselves.  Business behavior and regulatory enforcement are complex, multi-faceted, and inadequately explained by traditional economic models.  Firms vary in their responsiveness to regulatory goals and managers are not only concerned about legal sanctions but also about [*958] reputation.  Regulation can trigger and direct managerial action to develop proactive compliance programs that are cost effective and responsive to regulatory norms.  This collection of important articles represents the latest developments in the regulatory literature and offers new directions for understanding key factors that make regulation effective.

                                                                                                                                               

 

Cambridge University Press

                                                                                                                                               

ANALYSIS OF EVIDENCE (2nd ed), by Terence Anderson, David Schum, and William Twining.  Cambridge University Press, 2005. 401pp. Paper. $45.00.  ISBN: 0-521-67316-X.

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

CUSTOMARY INTERNATIONAL HUMANITARIAN LAW (VOLUME 1: RULES), by Jean-Marie Henckaerts and Louise Doswald-Beck.  New York: Cambridge University Press, 2005.  676pp.  Paperback. $27.99.  ISBN: 0-521-00528-0.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts.

ELECTORAL ENGINEERING: VOTING RULES AND POLITICAL BEHAVIOR, by Pippa Norris.  New York: Cambridge University Press, 2004.  390pp.  Paper. $25.99.  ISBN: 0-521-53671-5.

From Kosovo to Kabul, the last decade witnessed growing interest in ?electoral engineering?. Reformers have sought to achieve either greater government accountability through majoritarian arrangements or wider parliamentary diversity through proportional formula. Underlying the normative debates are important claims about the impact and consequences of electoral reform for political representation and voting behavior. The study compares and [*959] evaluates two broad schools of thought, each offering contracting expectations. One popular approach claims that formal rules define electoral incentives facing parties, politicians and citizens. By changing these rules, rational choice institutionalism claims that we have the capacity to shape political behavior. Alternative cultural modernization theories differ in their emphasis on the primary motors driving human behavior, their expectations about the pace of change, and also their assumptions about the ability of formal institutional rules to alter, rather than adapt to, deeply embedded and habitual social norms and patterns of human behavior.

THE HUMANITARIANS: THE INTERNATIONAL COMMITTEE OF THE RED CROSS, by David P. Forsythe. Cambridge University Press, 2005. 356pp. Paper. $31.99. ISBN: 0-521-61281-0.

The International Committee of the Red Cross (ICRC) coordinates the world’s largest private relief system for conflict situations. Its staff operates throughout the world, and in recent years the ICRC has mounted large operations in the Balkans and Somalia. Yet despite its very important role its internal workings are mysterious and often secretive. This book examines the ICRC from its origins in the mid-nineteenth century up to the present day, and provides a comprehensive overview of a unique private organisation, whose governing body remains all-Swiss, but which is recognized in international law as if it were an inter-governmental organization. David Forsythe focuses on the policy making and field work of the ICRC, while not ignoring international humanitarian law. He explores how it exercises its independence, impartiality, and neutrality to try to protect prisoners in Iraq, displaced and starving civilians in Somalia, and families separated by conflict in the Israeli-Palestinian conflict.

THE LAW-MAKING PROCESS (SIXTH EDITION), by Michael Zander.  New York: Cambridge University Press, 2004.  554pp.  Paperback. $21.99.  ISBN: 0-521-60989-5.

 

As a critical analysis of the law-making process, this book has no equal. For more than two decades it has filled a gap in the requirements of law students and others taking introductory courses on the legal system. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources - cases, official reports, articles, books, speeches and empirical research studies - laced with the author’s informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications.

 

PRINCIPLES OF THE INSTITUTION LAW OF INTERNATIONAL ORGANIZATIONS (SECOND EDITION), by C. F. Amerasinghe.  New York: Cambridge University Press, 2005.  572pp.  Paper. $29.00.  ISBN: 0-521-54557-9. [*960]

 

The second edition of C. F. Amerasinghe’s successful book, which covers the institutional aspects of the law of international organizations, has been revised to include, among other things, a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. There is a rigorous analysis of all the material alongside a functional examination of the law. A brief history of international organizations is followed by chapters on, amongst others, interpretation, membership and representation, international and national personality, judicial organs, the doctrine of ultra vires, liability of members to third parties, employment relations, dissolution and succession, and amendment. Important principles are extracted and discussed, and the practice of different organizations examined.

REGULATORY BARGAINING & PUBLIC LAW, by Jim Rossi.  New York: Cambridge University Press, 2005.  272 pp.  Hardback. $60.00.  ISBN: 0-521-83892-4.

In this book, Professor Rossi explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries, such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. In contrast, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents new opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process. The book presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.

                                                                                                                                               

 

Carolina Academic Press

                                                                                                                                               

BANKING AND FINANCIAL SERVICES LAW: CASES, MATERIALS, AND PROBLEMS, Second Edition, by Michael P. Malloy. Carolina Academic Press, March 2005. 788pp. Casebound. $90.00. Student Price $65.00. ISBN: 1-59460-098-8

The latest edition of this casebook on banking and financial services regulation takes a problem-oriented approach to the subject. With its focus on the interactions and crossovers within the financial services industry, it gives students and professors an opportunity to explore the issues that are defining regulation in this area. Malloy covers supervision and regulation of the full range of the depository institutions industry — commercial banks, savings associations, and credit unions — as well as the intersection of this industry with securities and insurance. [*961]

The book contains over 300 detailed problems and notes that are accessible yet challenging. The problems and notes have beeb repeatedly tested and refined over the course of twenty years of intensive teaching at five different schools.

Malloy has included an extensive bibliography keyed to the subject matter of each chapter. The book works extremely well as a casebook for a standard course in financial services regulation and as a basic reading and resource text for an advanced seminar.

CIVIL RIGHTS LITIGATION: CASES AND PERSPECTIVES, Third Edition, by Roy L. Brooks, Gilbert Paul Carrasco, and Michael Selmi. Carolina Academic Press, 2005. 1462pp. Casebound. $100.00. Student Price $85.00. ISBN: 1-59460-138-0.

The third edition of CIVIL RIGHTS LITIGATION retains the basic organization and many distinctive features of the previous editions, including its broad coverage and diversity of viewpoints. Brooks, Carrasco, and Selmi expose students to many different forms of discrimination, including education, housing, employment, voting, disability, language and ethnicity, police activities, and affirmative action. The book’s opening chapter offers a historic overview of civil rights litigation and raises several recurring themes in civil rights theory, including race versus class, the identity question, civil rights perspectives, and “anti-civil rights” perspectives.

As in the previous editions, cases are presented with a minimum amount of editing to facilitate sophisticated class discussion or role-playing in which students argue the cases in class. Principal changes in the third edition include the usual updating of cases and secondary material as well as the restructuring of sections in several chapters. A teacher’s manual and Constitutional and Statutory Supplement will be available.

CONTRACTING LAW, Third Edition, by Amy Hilsman Kastely, Deborah Waire Post, and Sharon Kang Hom. Carolina Academic Press, 2005. 1000pp. Casebound. $100.00.  Student Price $78.00. ISBN: 1-59460-140-2.

Updated and even easier to use and to teach, the third 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. This 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. A revised edition of the unique workbook and a new teacher’s manual will be available.

CORPORATE TAXATION THROUGH THE LENS OF MERGERS & ACQUISITIONS: INCLUDING CROSS-BORDER TRANSACTIONS, by Samuel C. Thompson, Jr.  Durham: Carolina Academic Press, 2005.  920pp.  $110.00, Student Price $80.00 (hardback).  ISBN 0-89089-340-3.  [*962]

This book approaches the subject of Corporate Taxation through the prism of the Federal income tax treatment of taxable and tax-free mergers and acquisitions (M&A). Although the book discusses virtually every section of subchapter C of the Internal Revenue Code, which governs the tax treatment of corporations, the emphasis is placed on those provisions of subchapter C that have the most impact in M&A transactions. The book is structured for use both by students who have not previously been exposed to Corporate Tax and by those who have.

The book focuses principally on domestic M&A; however, because of the growing importance of cross-border M&A, the Federal income tax consequences of these transactions are also briefly examined. The book is divided into four parts. Part I contains an introduction to business tax principles, to basic corporate tax principles, and to the Federal income tax treatment of taxable and tax-free M&A. Part II focuses on taxable stock and asset acquisitions; Part III focuses on tax-free reorganizations; and Part IV focuses on special topics, including acquisitions involving partnerships and S corporations, bankruptcy issues in M&A, and policy issues.

CRIMINAL LAW: CONCEPTS AND PRACTICE, by Ellen S. Podgor, Peter J. Henning, Andrew E. Taslitz, and Alfredo Garcia. Carolina Academic Press, 2005. 718pp. Casebound. $85.00. Student Price $65.00. ISBN: 1-59460-006-6.

CRIMINAL LAW: CONCEPTS AND PRACTICE is a criminal law casebook that approaches the subject from a modern and practical perspective. It incorporates traditional methodology important to this required course, namely the teaching of statutory interpretation, but also provides a new dimension in preparing lawyers with the appropriate skills, strategies, and ethics that are important in the practice of criminal law.

The unique problems in the book allow for the exploration of policy considerations behind the rules and also allow for practice in interpreting statutes. Unlike many books, CRIMINAL LAW incorporates the Model Penal Code into the chapters without offering these provisions as the end-of-the-line in the statutory evolution of criminal law. The cases in this book are current decisions, and discussions of gender, race, culture, and transnational and international matters offer a truly comprehensive study of criminal law. Unique to this book are relevant materials concerning scientific evidence, noting how this evidence plays a part in broader problems of trial proof, planning, credibility, and negotiation. The book stresses strategies and ethics in the exploration of traditional material as well as cutting edge topics.

EDUCATION LAW: CASES AND MATERIALS, by Lawrence F. Rossow and Jacqueline A. Stefkovich. Carolina Academic Press, 2005. 1078pp. Hardback. $100.00. ISBN 1-59460-059-7.

EDUCATION LAW aims to improve upon the current offerings in other education law texts. It presents full, unedited cases; therefore, it strikes a balance between explanatory material and case law presentation. [*963]

EVIDENCE: PROBLEMS, CASES AND MATERIALS, by Peter Nicolas. Carolina Academic Press, 2005. 792pp. Hardback. $90.00.  ISBN: 1-59460-043-0.

This new casebook provides a comprehensive, problem-based approach to the rules of evidence. Organized around the federal rules of evidence, this casebook is more comprehensive than most in that it provides coverage of every single rule of evidence, down to the most obscure exceptions to the hearsay rule. Yet, through careful case choice and editing, Nicolas has produced a book that can easily be taught from cover-to-cover in as few as three semester hours.

Key features of the casebook include 89 in-depth problems that are designed to teach all the nuances of the rules, an enriched section on scientific evidence, application of the rules to electronic evidence, and appellate review of evidentiary rulings. In addition, the casebook incorporates the Supreme Court’s recent Confrontation Clause decision in Crawford v. Washington, as well as pending proposed changes to Rules 404, 408, 606, and 609.

A separate supplement that includes the federal rules of evidence and selected legislative history will also be available, as well as a teacher’s manual that provides suggested answers to the problems in the casebook.

ISLAMIC PROPERTY LAW, by John Makdisi. Carolina Academic Press, June 2005. 640pp. Casebound.  $90.00.  Student $70.00.   ISBN: 1-59460-110-0

ISLAMIC PROPERTY LAW is the first casebook of its kind to offer Islamic law training to American law students in the comparative case-method style of learning. The several areas of law covered under the umbrella of Property are developed through translations of classical Islamic law texts in conjunction with English and American cases on the same subjects. The materials are sufficiently detailed to provide the type of sophisticated analysis with which law professors and students are familiar. Although the focus is on Islamic property law, the course also covers areas is torts, contracts, criminal law, wills and trusts, constitutional law, and jurisprudence, insofar as these areas touch on property. In this way the book also satisfies the tradition of comparative law casebooks that are comprehensive in coverage. Readers should gain a sound understanding of property law in classical Islam and an enhanced understanding of property law in the United States.

LAW AND THEOLOGY: CASES AND READINGS, by Martin H. Belsky and Joseph Bessler-Northcut. Carolina Academic Press, 2005. 402pp. Cloth. $70.00. Student Price $55.00. ISBN: 0-89089-213-X.

A law professor and a theology professor have joined to produce a case and textbook exploring the tensions and intersections between the norms of civil society and the norms of religious traditions. [*964]

This book will show how the disciplines of law and theology approach problems. The book looks at both the process of interpretation undertaken by theologians and judges, the ethical and moral choices under differing sets of professional standards, and the conflict between our Constitution and our faith.

Topics include: “When can you lie”; “Thinking like a lawyer” and “Thinking like a Minister”; the role of minorities and women; the issues of abortion, evolution, and capital punishment; and religion’s role in politics. The book is designed to interest not just law students, lawyers, theology students and ministers, but also any person who seeks to learn about the interplay of law, religion, and society. Using cases, and easily understandable commentary, it is intended to be accessible to a reading audience beyond the academy.

LICENSING INTELLECTUAL PROPERTY IN THE INFORMATION AGE, Second Edition, by Kenneth L. Port, Jay Dratler, Jr., Faye M. Hammersley, Terence P. McElwee, Charles R. McManis and Barbara A. Wrigley. Carolina Academic Press, 2005. 974pp. Casebound. $100.00. Student Price $80.00. ISBN: 0-89089-890-1.

In addition to adding Jay Dratler, one of America’s leading authorities on licensing intellectual property, and Barbara Wrigley, a practitioner with many years experience in the field, to the list of co-authors, the Second Edition of LICENSING INTELLECTUAL PROPERTY IN THE INFORMATION AGE (formerly LICENSING INTELLECTUAL PROPERTY IN THE DIGITAL AGE) has been largely redone. Keeping the same basic structure, each chapter has been updated with the most current developments in licensing law. Chapter 2 now works as a much more efficient introduction to intellectual property. Additionally, with the inclusion of the Uniform Electronic Transactions Act in Chapter 8 and an entirely new chapter on Biotechnology, the book is now the most up-to-date and authoritative textbook available.

The book emphasizes application in actual situations, with chapters designed to simulate the work flow a lawyer is likely to face in the negotiation, formation, and enforcement of an intellectual property license.

The Problem Supplement is a unique addition to this book (see the link below). It contains two types of exercises. The first is a continuous series of problems based on factual scenarios involving a fictitious sports car manufacturer, Contair Corp. These exercises are called “Problems.” They are numbered consecutively and keyed to the chapter of the casebook for which they should be assigned. A second set of exercises is entirely separate and does not involve the ongoing Contair hypothetical. These are called “Exercises” and are keyed to the chapter of the casebook to which they are relevant. Additional exercises, such as those involving the distinctiveness of trademarks, are included in Chapter 2 of the Casebook (Overview of Intellectual Property Law), but are not included in the supplement, because they are review exercises and are unlikely to change.

MAKING SENSE OF SEARCH AND SEIZURE LAW: A FOURTH AMENDMENT HANDBOOK, by Phillip A. Hubbart. Carolina Academic Press, 2005. 432pp. Cloth. $50.00.  ISBN: 1-59460-063-5. [*965]

Fourth Amemdment law is both fascinating and inspiring — as it deals with a fundamental human right, the denial of which was one of the leading causes of the American Revolution. But this law can also be extremely confusing. Thus the reason for this book: to make sense of this subject.

In a single volume, Hubbart restates the content, organizational structure, and principled basis of Fourth Amendment law — as laid forth by numerous U.S. Supreme Court decisions on the subject — so that it is understandable and coherent.

The work concentrates on U.S. Supreme Court caselaw, relies heavily on the historical background of the Fourth Amendment upon which much of this law is based, and cites to relevant treatises and leading federal and state court decisions. It also briefly discusses the theories of constitutional construction that the Court has used in reaching its decisions.

A wide variety of professionals (such as judges, prosecutors, defense lawyers, police legal advisors, as well as teachers and students at the law school, undergraduate, and law enforcement levels will find this book extremely useful.

MENTAL DISABILITY LAW, by Michael L. Perlin. Carolina Academic Press, August 2005. 1132pp. Casebound. $110.00. Student Price $85.00. ISBN: 1-59460-160-7.

This casebook covers all of constitutional “civil” mental health law, including involuntary civil commitment, the right to refuse treatment, and the rights of persons with mental disabilities in community settings. Perlin also addresses federal statutory rights, including, but not limited to, the Americans with Disabilities Act; other civil mental health issues, including tort law; and the criminal trial process, including all aspects of competency, the insanity defense, self-incrimination, confessions, the death penalty, and sentencing and post-sentencing issues. Important Supreme Court decisions that have been handed down since the first edition are all given extensive attention.

MENTAL DISABILITY LAW not only teaches students the relevant doctrine and theory, but also gives them an understanding of why the cases were decided as they were. Questions are provided after all major sections that encourage the teacher to direct students to think about the social, political, and behavioral forces that led to many of the decisions in question.

MENTAL HEALTH ASPECTS OF CUSTODY LAW, by Robert J. Levy. Carolina Academic Press, May 2005. 368pp. Cloth. $50.00.  ISBN: 1-59460-056-2.

Written by an interdisciplinary group comprised of lawyers, judges, psychologists, and adolescent and child psychiatrists, this book identifies and examines the major legal and mental health issues confronted in post-divorce custody and visitation litigation. It examines state legislation and judicial doctrine as well as reform efforts such as the Uniform Marriage and Divorce Act and the American Law Institute’s Principles of the Law of Family Dissolution. [*966]

As the authors themselves suggest, “a great many important and difficult divorce-custody legal and psychological issues have not been objectively and thoroughly explored in the literature and in courtrooms — indeed, many of them have been the subjects of misleading and sometimes ignorant reports and testimony — and judges and children and their parents have been the losers.” The book has been designed to provide a sort of glossary — an objective description and analysis — of the underlying mental health aspects of legal issues and mental health professionals’ concerns about how those issues are approached and resolved in divorce-custody cases. The book will be useful to practicing lawyers, mental health professionals and judges.

PLAIN ENGLISH FOR LAWYERS, Fifth Edition, by Richard C. Wydick. Carolina Academic Press, 2005. 152pp. Paper.. $17.00. ISBN: 1-59460-151-8

Wydick’s PLAIN ENGLISH FOR LAWYERS—now in its fifth edition— has been a favorite of law students, legal writing teachers, lawyers, and judges for over 25 years.

Last January, the Legal Writing Institute gave Wydick its Golden Pen Award for having written PLAIN ENGLISH FOR LAWYERS. The Legal Writing Institute is a non-profit organization that provides a forum for discussion and scholarship about legal writing, analysis, and research. The Institute has over 1,300 members representing all of the ABA-accredited law schools in the United States. Its membership also includes law teachers from other nations, English teachers, and practicing lawyers.

In 2003 Wydick retired after 32 years on the law faculty of the University of California, Davis. But he still teaches his favorite course — a seminar in advanced legal writing for third-year law students. For the past eight summers he has also lectured at the International Legislative Drafting Institute presented in New Orleans by the Public Law Center, a joint venture of Tulane and Loyola law schools. There the audience consists of lawyers and non-lawyers from abroad who earn their living drafting legislation in many different languages. “Teaching at the Institute,” Wydick says, “is a precious opportunity to learn how much we English-users have in common with people who write laws in other languages.”

How does the fifth edition of PLAIN ENGLISH FOR LAWYERS differ from its predecessors? It remains (in size only!) a little book, small enough and palatable enough not to intimidate over-loaded law students. “Most of the text remains the same,” Wydick says, “but in the past seven years I’ve learned some new things about writing in English, and I want to share that with the readers.” In addition, the exercises at the end of the chapters are different (a welcome change for long-time teachers who are tired of the old ones). Finally, the teacher’s manual includes additional exercises that teachers can give to students who want or need extra practice.

PRODUCTS LIABILITY AND BASIC TORT LAW, by Martin A. Kotler. Carolina Academic Press, June 2005. 688pp. Paper. $40.00. ISBN: 1-59460-177-1. [*967]

PRODUCTS LIABILITY AND BASIC TORT LAW is primarily intended as a supplement to whatever casebook is adopted in a law school Products Liability course. Law teachers using a case discussion method find that this invariably leaves numerous gaps in the material covered. Additionally, many students need to have the material organized in a narrative format. This book is intended to fill in the gaps, provide greater depth to the materials normally covered in class, and expand upon those materials by presenting subjects that cannot be assigned for class discussion given the inevitable time constraints. The book covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence.

Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a traditional first-year law school torts class.

In order to make it more useful to students, the author has included for discussion and illustration purposes the classic products and tort cases contained in many of the major products liability and torts casebooks. Even when those cases could not be discussed in the text, he has included many in the notes, creating a table of cases that serves as a useful index for students.

In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case.

PROPERTY: CASES AND STATUTES, by Roger Bernhardt, Joyce Palomar and Patrick Randolph Jr. Carolina Academic Press, 2005. 1094pp. Casebound. $110.00. Student Price $80.00. ISBN: 1-59460-116-X.

This new first-year casebook [*968] is a unique blend of cases and real-world problems. The authors — nationally known for bridging the gap between theory and practice and collectively possessing more than 150 semesters of teaching first-year property — have created a book using thoughtful decisions by judges wrestling with contemporary problems.

This casebook concentrates on issues that are meaningful to students today as learners and will be vital to them later as attorneys. The authors have selected opinions that are intelligible as well as concise, so as to be quickly understood. Scarce class time is thereby made available to apply those rules to contemporary problems. Excerpts from opinions in related cases, statutes, and relevant articles follow each primary case to provide comprehensive overviews of every topic.

Professors will find the extensive Teacher’s Manual a fitting companion. It contains over 5,000 questions to put to students: questions that require them to apply the rules, rather than to merely recite what the cases held. Its availability on-line offers professors the convenience of editing, printing and taking these materials as notes directly into the classroom.

REAL ETHICS FOR REAL LAWERS, by Daniel R. Coquillette. Carolina Academic Press, 2005. 886pp. Casebound. $90.00. Student Price $75.00. ISBN: 1-59460-148-8.

REAL ETHICS FOR REAL LAWYERS uses a lively, problem-centered approach to teach professional responsibility courses. The author, Daniel Coquillette, the former Dean of Boston College School of Law, is now the J. Donald Monan S.J. University Professor at Boston College School of Law and the Lester Kissel Visiting Professor at Harvard Law School. He has served as Chairman of the Massachusetts Bar Association Committee on Professional Ethics, as a member of the ABA Standing Committee on Ethics and Professional Responsibility, and as an Advisor to the ALI RESTATEMENT OF THE LAW GOVERNING LAWYERS. For eight years he was also an associate, and then a partner, of a major Boston law firm.

The author’s experiences as a practicing lawyer directs this book. REAL ETHICS FOR REAL LAWYERS presents the issues of professional responsibility the way students are most likely to encounter them in practice, in the context of real problems. This not only makes for stimulating classes, but also permits subtle analysis of the relevant cases and rules at many levels. As a convenience to the students, the book features clear introductions to each chapter, and a selection of the most important rules, making a costly “rules supplement” unnecessary. Many of the most recent rule changes and cases are included.

There is also an important emphasis on the “core” moral values and ethical underpinnings of the professional rules. As Coquillette states in his introduction:

“There are many courses in law school that are important to your future, but none as important as this one. Relying on your inherent sense of virtue will not save you from serious trouble is you are ignorant of what is in this book. Most courses are about honing your professional skills. This course is about professional survival.

Some would also say it is about another kind of survival that is even more important. How do you survive as a true professional, in a tough professional world, and also survive as a person?”

Concisely and provocatively written, and designed for a two or three hour a week course, REAL ETHICS FOR REAL LAWYERS fills an important gap in the current selection of professional responsibility casebooks. [*969]

SEXUALITY AND DISCRIMINATION: A RIGHTS AND LIBERTIES PERSPECTIVE, by Gilbert Paul Carrasco. Carolina Academic Press, August 2005. 980pp. Cloth.  $100.00. Student Price $80.00. ISBN: 1-59460-026-0.

This unique casebook explores the many dimensions of discrimination in the context of sexuality. Strategic considerations of the lawyer as advocate are included, raising issues intended to heighten students’ awareness of the personal complexities that often attend the representation of gay and lesbian clients.

In its treatment of the ubiquitous problem of discrimination based on sexual orientation, the book addresses the variety of federal, state, and international constitutional and statutory regimes in the contexts of education, employment, housing, and the many issues involving the definition of “family.” Cases decided by state, foreign, and various federal courts are analyzed against the backdrop of an emerging paradigm of equal protection of the laws that continues to develop in the United States Supreme Court.

The book also considers the intersection of sexuality and AIDS and discrimination against pregnant women.

SOVEREIGN IMMUNITY OR THE RULE OF LAW: THE NEW FEDERALISM’S CHOICE, by Donald L. Doernberg.  Durham: Carolina Academic Press, 2005.  260pp.  Paper. $35.00.  ISBN: 1-59460-012-0.

This book explores the inherent conflict between the philosophical concept of the rule of law on one hand and sovereign immunity as it exists in the United States today on the other. The volume begins by canvassing the development of sovereignty as a concept from Bodin in the sixteenth century through the Framers of the United States Constitution in the late eighteenth century. The philosophy of John Locke receives special emphasis because the Framers were so intellectually indebted to his then-revolutionary view of sovereignty as an attribute of the people, not the government and of government not as the people’s master, but as their trustee bound to perform on their behalf. An examination of sovereign immunity in the United States follows, focusing on the federalism relationship between the United States and the individual states. The Supreme Court’s recent development of federalism, referred to by many as the New Federalism, provides rich material with which to examine sovereign immunity and its interaction with federalism principles.

The book then explores the philosophy of the rule of law, a major component of which is the idea that government is itself limited by the law and must stay within law’s bounds to retain its legitimacy. Particularly in a society like that of the United States, where a formal constitution creates and defines the government, its powers and its limitations, the clash between sovereign immunity and the rule of law is unavoidable. The Constitution has no function other than to define, empower, and limit the government. When the [*970] courts invoke sovereign immunity to shield government or its agents from the consequences of violation of constitutional norms, the rule of law and the basic fabric of society suffer.

This book will be of interest to constitutional law and federal courts scholars, political scientists, historians, and students of political philosophy.

STRUCTURES OF JUDICIAL DECISION MAKING FROM LEGAL FORMALISM TO CRITICAL THEORY (SECOND EDITION), by Roy L. Brooks.  Durham: Carolina Academic Press, 2005.  380pp.  Hardcover. $50.00.  ISBN: 1-59460-123-2. 

This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with “critical process” (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well — he employs an innovative framework that divides judicial decision-making models into the “logical method” and the “policy method;” offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines “ policy-making” in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory’s central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into “critical process.”

TRADE AND THE ENVIRONMENT: LAW AND POLICY, by Chris Wold, Sanford Gaines, and Greg Block. Carolina Academic Press, 2005. 976pp. Cloth. $100.00. Student Price $80.00. ISBN: 1-59460-007-4.

Since 1991, when a panel of the General Agreement on Tariffs and Trade (GATT) found that U.S. import restrictions on tuna from countries with high dolphin mortality violated GATT’s trade rules, an entire field of law has emerged called “Trade and the Environment.” This book provides a thorough and balanced assessment of this developing area of law that affects consumer, regulatory and trade policy choices for governments around the world. It encompasses trade agreements and the evolving jurisprudence, from the 1991 tuna-dolphin case up to actions on agricultural subsidies in late 2004.

This book is designed to teach students with no prior background in trade law [*971] or environmental law. It is also designed to be equally accessible to students and professors from civil law as well as common law jurisdictions. Opening chapters present key trade and environmental policy theories and concepts, and introduce the structure of the World Trade Organization (WTO) and its process for adjudicating trade disputes. Substantive chapters comprehensively assess the GATT’s core obligations and the “general exceptions” to those obligations for certain types of environmental measures. WTO agreements such as the Agreement on Technical Barriers to Trade, the Agreement on Application of Sanitary and Phytosanitary Measures, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture are covered. There are substantial excerpts from decisions in the key trade-environment disputes, including the famous cases addressing protection of sea turtles in shrimp fisheries, growth hormones and risk assessment, natural resource and agricultural subsidies, and bans on the use of asbestos. Unresolved issues such as ecolabels and genetically modified foods and the legal status of trade measures in multilateral environmental agreements are also discussed. In addition, the book has a chapter on the North American Free Trade Agreement (NAFTA) and its environmental side agreement, including investment provisions and investor-State arbitration.

Throughout, the book presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations.

Because the complexity of trade and environment issues often obscures the real significance of the decisions, a special feature of this book is extensive background material and commentary and numerous “Questions and Discussion” points. These features are designed to make trade policy and trade jurisprudence accessible to teachers and students alike.

WORK LAW IN AMERICAN SOCIETY, by Kenneth M. Casebeer and Gary Minda.  Durham: Carolina Academic Press, 2005.  1272pp.  $100.00, Student Price $80.00 (Casebound).  ISBN: 0-89089-704-2.

 

Written in the traditions of legal realism, law and society, and materials analysis, WORK LAW IN AMERICAN SOCIETY offers law students a paradigm-shifting introduction to the field of labor and employment law. This casebook is different from others of the genre in that it focuses on both individual and collective law and legal power in our society. Organized around the legal contests facing people who work within a democratically established market economy, this book deals with contemporary conflicts within finance-driven and internationalized divisions of social labor in increasingly multi-cultural workforces. It is meant to facilitate student speculation on the many relationships of legal practices within, and to, democracy.

[*972]

                                                                                                                                               

 

Criminal Justice Press

                                                                                                                                               

DESIGNING OUT CRIME FROM PRODUCTS AND SYSTEMS, edited by Ronald V. Clarke and Graeme R. Newman. Criminal Justice Press, 2005. 270pp.  Paper. $37.50. ISBN: 1-881798-59-3.

The theme of this volume is how to design products that are resistant to crime. Chapter topics include: government’s role in modifying crimogenic products (by the editors); evaluating anti-mobile phone theft measures (Pat Mayhew); reform of the U.K. vehicle licensing system (Gloria Laycock and Barry Webb); design against crime (Simon Learmont); fundamentals of crime-proofing design (Rachel Cooper); a plan for security coding of electronic products (the editors); the corporate sector’s role in preventing crime (Jeremy Hardie and Ben Hobbs); developing the “Karrysafe” range (Lorraine Gammon and Adam Thorpe); and the RSA student crime and design awards (Ken Pease).

                                                                                                                                               

 

Francis Boutle Publishers

                                                                                                                                               

THE PERSISTENT PRISON: PROBLEMS, IMAGES AND ALTERNATIVES, edited by Clive Emsley.  London: Francis Boutle Publishers, 2005. 248pp. Paper. £12.00.  ISBN: 1-903427-24-X.

In the United Kingdom, as elsewhere, prison is commonly seen as the best means of dealing with offenders. There is little debate about alternatives to prison and little awareness of what kinds of individuals are actually incarcerated and for what offences; nor are their experiences of prison generally understood. The essays in this book range widely over these issues. The main focus is the British situation, but there is also discussion of alternatives – chain gangs, electronic tagging -– experimented with elsewhere.

                                                                                                                                               

Greenwood Press

                                                                                                                                               

DEMOCRACY AND EXCELLENCE: CONCORD OR CONFLICT, edited by Joseph Romance and Neal Riemer. Greenwood Publishing Group, 2005. 166pp. Hardcover. $119.95. ISBN: 275976424.

Does democracy promote excellence? Searching in history, literature, and works of political theory, the contributors conclude that American democracy does indeed promote excellence despite thousands of years of political theory to the contrary. However, the promotion of such excellence requires one to think differently about what excellence means and how best to promote it. Religion and a strong sense of community are vital in creating this democratic excellence and are necessary to counter conservative critics who see little value in democratic practices.

Entering the twenty-first century, this question has become all the more important. Democracy is a difficult and challenging form of government that is increasingly more common than it once was. [*973] As the United States works to promote democracy throughout the world it is a timely matter to consider once again why democracy is a good thing. At the same time, Romance and Riemer remind us always to think about and ponder the ways democracy can fail us. Contributions from distinguished scholars of political science, history, and religion provide supporting evidence in a multi-disciplinary approach.

THE JUST MERITOCRACY: IQ, CLASS MOBILITY, AND AMERICAN SOCIAL POLICY, by Paul Kamolnick. Greenwood Publishing Group, 2005. 147pp.  Hardcover. $79.95. ISBN: 0275979229.

Class mobility is significantly mediated by human intelligence, and intelligence itself is significantly heritable. Liberal democratic and libertarian conservative social policies require substantial revision in light of these findings. New forms of socioenvironmental and genomic intervention recommend themselves.

The author provides a detailed investigation of the facts surrounding human mental ability, its measurement, inheritability, possible neurobiological underpinnings, and its role as a currency in human mate choice. He links human mental ability with educational attainment, occupational attainment, occupational prestige, and earned income. The ethical and policy implications are profound for both liberal democratic and libertarian social thought.

                                                                                                                                               

 

MIT Press

                                                                                                                                               

SOLIDARITY: FROM CIVIC FRIENDSHIP TO A GLOBAL LEGAL COMMUNITY, by Hauke Brunkhorst, translated by Jeffrey Flynn. MIT Press, 2005. 262pp. Cloth. $42.50. ISBN: 0-262-02582-5.

In SOLIDARITY, Hauke Brunkhorst brings a powerful combination of theoretical perspectives to bear on the concept of “democratic solidarity,” the bond among free and equal citizens. Drawing on the disciplines of history, political philosophy, and political sociology, Brunkhorst traces the historical development of the idea of universal, egalitarian citizenship and analyzes the prospects for democratic solidarity at the international level, within a global community under law. His historical account of the concept outlines its development out of, and its departure from, the less egalitarian notions of civic friendship in the Greco-Roman world and brotherliness in the Judeo-Christian tradition. He then analyzes the modernization of Western societies and the destruction of the older, hierarchical solidarities. The problems of exclusion that subsequently arose -- which stemmed from growing individualization in society (the “de-socialization of the individual”) as well as from the exclusion of certain groups from the benefits of society -- could be solved only with democratic solidarity in the form of its “institutional embodiment,” the democratic constitution. Finally, Brunkhorst examines the return of these exclusion problems as a result of economic globalization. Analyzing the possibilities for democratic self-governance at a [*974] global level, Brunkhorst finds in recent global protest movements the beginnings of a transnational civic solidarity. Brunkhorst’s normative and sociological account, mediating between these two perspectives, demonstrates the necessity of keeping normative requirements systematically attuned with conditions of social reality

                                                                                                                                               

 

Northern Illinois University Press

                                                                                                                                               

 

GATEKEEPERS TO THE FRANCHISE: SHAPING ELECTION ADMINISTRATION IN NEW YORK, by Ronald Hayduk.  Dekalb: Northern Illinois University Press, 2005.  292pp.  Cloth. $35.00.  ISBN: 0-87580-341-5.

 

The history of democracy in America is the history of the extension of voting privileges from white male property-owners to blacks, to women, and to citizens over eighteen years of age. Yet, the number of United States citizens who actually vote is distressingly low in comparison with voter turnout in other democratic nations. Barely half of the eligible electorate vote in presidential elections and even fewer cast ballots in state and local elections. Poor, minority, and urban communities report the lowest turnout rates, calling into question the reality of American democracy.

 

Who or what is to blame? Among the many suspects, from stealthy politicians to indifferent citizens, the system of election administration often goes unrecognized. In fact, public officials charged with registering voters and operating the polls on election day literally act as the “gatekeepers to the franchise.” By blocking or facilitating a citizen’s ability to vote, they shape democratic participation.

 

In this timely study, political scientist Ronald Hayduk assesses the impact that electoral rules, registration procedures, and on-the-ground operations of New York’s state and city election boards have had upon voters’ participation and election outcomes over the past 130 years. This in-depth case study documents the ways in which certain practices not only disenfranchise eligible individuals but disproportionately affect low-income and minority groups. It also provides alarming evidence that the debacle in Florida during the 2000 presidential election was not unique. Partisanship and the corruption it fosters have been built into the American system of election administration.

 

At the same time, however, Hayduk argues that expansive election practices and efficient administration do encourage registration and voting. Bringing his research up to the 2004 presidential election, he evaluates the reforms instituted by the Help America Vote Act. In the conclusion, he offers a candid discussion of other proposed measures for ensuring that all citizens can exercise their right to vote.

                                                                                                                                               

 

Oxford University Press

                                                                                                                                               

THE CRIMINOLOGICAL FOUNDATIONS OF PENAL POLICY: ESSAYS IN HONOUR OF ROGER HOOD, edited by Lucia Zedner and Andrew Ashworth.  New York: Oxford University Press, 2003.  570pp.  Hardcover. $99.00.  ISBN: 0-19-926509-7.  [*975]

How have the findings of academic criminologists affected the development of public policy? This is the central question addressed by this collection of essays, which explore the complex relationship between research and policy making.

THE CRIMINOLOGICAL FOUNDATIONS OF PENAL POLICY is a volume in honour of Roger Hood, Professor of Criminology and Director of the Centre for Criminological Research in the University of Oxford.

GETTING EVEN: FORGIVENESS AND ITS LIMITS, by Jeffrie G. Murphy.  New York: Oxford University Press, 2004.  152pp.  Paper. $14.95.  ISBN: 0195178556.

We have all been victims of wrongdoing. Forgiving that wrongdoing is one of the staples of current pop psychology dogma; it is seen as a universal prescription for moral and mental health in the self-help and recovery section of bookstores. At the same time, personal vindictiveness as a rule is seen as irrational and immoral. In many ways, our thinking on these issues is deeply inconsistent; we value forgiveness yet at the same time now use victim-impact statements to argue for harsher penalties for criminals. Do we have a right to hate others for what they have done to us?  

The distinguished philosopher and law professor Jeffrie Murphy is a skeptic when it comes to our views on both emotions. In this short and accessible book, he proposes that vindictive emotions (anger, resentment, and the desire for revenge) actually deserve a more legitimate place in our emotional, social, and legal lives than we currently recognize, while forgiveness deserves to be more selectively granted. Murphy grounds his views on careful analysis of the nature of forgiveness, a subtle understanding of the psychology of anger and resentment, and a fine appreciation of the ethical issues of self-respect and self-defense. He also uses accessible examples from law, literature, and religion to make his points. Providing a nuanced approach to a proper understanding of the place of our strongest emotions in moral, political, and personal life, and using lucid, easily understood prose, this volume is a classic example of philosophical thinking applied to a thorny, everyday problem.

                                                                                                                                               

 

Pearson Longman

                                                                                                                                               

A PRIMER ON AMERICAN COURTS, by William S. Miller.  Pearson Longman, 2005.  176pp.  Paperback. $35.00.  ISBN: 0-321-10615-6. 

This brief, accessible, and inexpensive supplement on American courts and their functions provides undergraduate, or first-year law students, with an understanding of the key substantive and procedural concepts that they need to know to study the law or the judicial process.

Recognizing that there are many substantive and procedural concepts about American courts that students [*976] must first grasp in order to study the law or the judicial process, this brief text answers important questions about justiciability, standing, jurisdiction, and judicial power. With a stronger historical context, this text is a perfect complement to a text on Constitutional Law, Judicial Process, or a legal casebook, and will help students master the legal vocabulary with which they are confronted.

                                                                                                                                               

Praeger

                                                                                                                                               

FULL FAITH AND CREDIT CLAUSE: A REFERENCE GUIDE TO THE UNITED STATES CONSTITUTION, by William L. Reynolds and William M. Richman.  Connecticut: Praeger Publishers, 2005.  192pp.  Hardcover. $129.95.  ISBN: 0-313-31541-8.

This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.

LIMITS ON STATES: A REFERENCE GUIDE TO THE U.S. CONSTITUTION, by James M. McGoldrick, Jr.  Connecticut: Praeger Publishers, 2005.  150pp. Hardcover.  $99.95.  ISBN: 0-313-31233-8.

Article 1, Section 10 contains the most significant limits on state power found in the main text of the U.S. Constitution. Chief Justice John Marshall, perhaps the most important Justice in U.S. history, used this provision a number of times in a number of significant decisions to limit state power. These decisions effectively enhanced the power of our new federalist form of government. This book delves into the modern issues pertaining to state limitations by tracing its history and looking at today’s most important factors.

This work makes a valuable contribution to the understanding of the U.S. Constitution by detailing the most significant limits on state power. The many provisions studied in the book provide insights into the various aspects of constitutional interpretation.

                                                                                                                                              

Rowman & Littlefield

                                                                                                                                             

CONSTITUTIONAL DEBATE IN ACTION:  CIVIL RIGHTS AND LIBERTIES (2ND EDITION), by H. L. Pohlman.  Lanham, Maryland: Rowman & Littlefield Publishers, Inc., 2004.  $26.96.  ISBN: 074253667X.

Top of Form

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in [*976] Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume provides in depth and updated examinations of key landmark decisions. Civil Rights and Liberties covers: Racial Discrimination, Affirmative Action, Abortion, Hate Speech, and Peyote Use and Religious Freedom, and, new to the Second Edition, a completely new chapter on Campaign Finance Regulation and Freedom of Speech. Visit our website for sample chapters!

CONSTITUTIONAL DEBATE IN ACTION: CRIMINAL JUSTICE (2ND EDITION), by H. L. Pohlman.  Lanham, Maryland: Roman & Littlefield, 2005.  200pp. Paper. $26.95.  ISBN:  0-7425-3795-1.  Cloth. $70.00.  ISBN: 0-7425-3794-3. 

This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.

CONSTITUTIONAL DEBATE IN ACTION: GOVERNMENTAL POWERS (2ND EDITION), by H. L. Pohlman.  Lanham, Maryland: Roman & Littlefield, 2004.  336pp.  Paper.  $26.95.  ISBN: 0-7425-3593-2.  Cloth. $70.00.  ISBN: 0-7425-3592-4.

This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy.

                                                                                                                                               

Transaction Publishers

                                                                                                                                               

ECONOMIC LIBERTIES AND THE CONSTITUTION, Second Edition, Completely Revised, by Bernard H. Siegan. Transaction Publishers, 2005. 425pp.  Hardcover. $49.95. ISBN: 0-7658-0572-3. [*977]

In this seminal work, Bernard Siegan traces the history of constitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property.

Siegan brings the argument originally advanced in the first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt’s presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties.

                                                                                                                                               

University of Arizona Press

                                                                                                                                              

MURDER UNPUNISHED, by Thorton W. Price III.  Tuscan: The University of Arizona Press, 2005.  248pp.  Paper. $17.95.  ISBN: 0-8165-2463-7.

In November of 1977, Terry Lee Farmer, a white inmate at Arizona State Prison in Florence, walked up to black prisoner Waymond Small in front of sixty witnesses and stabbed him in the heart with a shank. Small had agreed to testify before the state legislature about gang violence inside Arizona State Prison and was murdered the day before his scheduled appearance. This murder proved the catalyst for an all-out war between the State of Arizona and the Aryan Brotherhood. Through five trials, Farmer claimed self-defense and the jurors acquitted all ten of his co-conspirators.

Thornton Price, one of the defense attorneys, now tells how Farmer and Small became cannon fodder in this war to reclaim Arizona’s prisons from rival gangs. These gangs—the Aryan Brotherhood, the Mau Maus, and the Mexican Mafia—were suspected of committing more than a dozen murders over the previous two years, motivating politicians to crack down after the violence could no longer be ignored or contained. To reconstruct the case, Price reviewed 16,000 pages of court records and conducted interviews with key participants to piece together an insider’s account of the crime and the politics behind its investigation. Prison murders should be easy to solve, but investigators quickly learned that the convicts’ code of silence makes these cases often impossible to win in court. [*979]

Price focuses on the special problems posed by prison crime by getting inside the skins of men like murderer Terry “Crazy” Farmer and William “Red Dog” Howard, one of the Florence Eleven and a founder of the Aryan Brotherhood. He also presents the perspectives of state investigators and reveals how they calculated to pit black witnesses against white killers until one black would break the code of silence and provoke feuding within the Brotherhood.

MURDER UNPUNISHED tells how society’s most outrageous criminals ran the prison through gang violence as outside the walls Arizona struggled to outgrow its Wild West past. Like few other books, it reveals how prisons incubate predatory criminals and gangs, and it exposes the unique difficulties of prosecuting prison crimes. It is a gripping account that cuts to the heart of our penal system and a cautionary tale for citizens who prefer to keep prisons out of sight, out of mind.

                                                                                                                                              

Willan Publishing
                                                                                                                                              

AFTER CRIME AND PUNISHMENT: PATHWAYS TO OFFENDER REINTEGRATION, edited by Shadd Maruna and Russ Immarigeon. Willan Publishing, 2004. 302pp. Paper. $59.95. ISBN: 1-84392-057-3.

The issue of resettling ex-prisoners and ex-offenders into the community has become an increasingly important one on both sides of the Atlantic. In the USA the former Attorney General Janet Reno identified the issue as ‘one of the most pressing problems we face as a nation’ in view of the massive prison population and the rapid increase in rates of incarceration, while in the UK it has become an increasingly important issue for similar reasons, and the subject of recent reports by HM Inspectorate of Prisons and HM Inspectorate of Probation, as well as from the Social Exclusion Unit of the Home Office.

Yet this issue has not been well served by the criminological literature, and the new policies and programmes that have been set up to address the problem have not been well grounded in criminological thinking. This book seeks to address the important set of issues involved by bringing together the best of recent thinking and research into desistance from crime, drawing upon research in both the UK and the USA, and with a distinct focus on how this might impact upon the design and implementation of ex-offender reintegration policy.

BULLYING AMONG PRISONERS: INNOVATIONS IN THEORY AND RESEARCH, edited by Jane L. Ireland. Willan Publishing, 2005. 208pp. Paper. $55.00. ISBN: 1-84392-121-9.

This book aims to present key aspects of the prison-based bullying research which has taken place over the last few years. It is a field in which there has been considerably increased interest. One of the main features of this book is the recognition that much previous bullying research has been descriptive in nature, with little underlying theory to assist its development as an area of academic interest. In addressing this need this book will serve as an indispensable resource for students, academics and professionals with interests in this field. [*980]

Chapters in the book address the following areas: need for innovation in prison bullying research, statistics on bullying, combining methods to research prison bullying, bullying behaviour among women in prison, bullying and suicides in prisons, developmental antecedents of prison bullies and/or victims, applying evolutionary theory to prison bullying, applying social problemsolving models to prison bullying.

COMMUNITY POLICING: NATIONAL AND INTERNATIONAL MODELS AND APPROACHES, by Mike Brogden and Preeti Nijhar. Devon, UK: Willan Publishing, 2005. 259pp. Paper. $32.50.  ISBN: 1-84392-005-0.

Community policing has been a buzzword in Anglo-American policing for the last two decades, somewhat vague in its definition but generally considered to be a good thing. In the UK the notion of community policing conveys a consensual policing style, offering an alternative to past public order and crimefighting styles. In the US community policing represents the dominant ideology of policing as reflected in a myriad of urban schemes and funding practices, the new orthodoxy in North American policing policy-making, strategies and tactic. But it has also become a massive export to non-western societies where it has been adopted in many countries, in the face of scant evidence of its appropriateness in very different contexts and surroundings.

DEALING WITH DISAFFECTION: YOUNG PEOPLE, MENTORING, AND SOCIAL INCLUSION, by Tim Newburn and Michael Shiner. Portland: Willan Publishing, 2005. 223pp. Paper. $32.50.  ISBN: 1-84392-065-4.

In recent years increasing attention has been paid to issues of social exclusion and the problematic transition from youthful dependence to adult independence. Often this has had severe consequences, ranging from under achievement and disruptive behaviour in school, through the misuse of alcohol and drugs, to serious or persistent offending. Seeking to address these issues has become a major focus of public policy and a variety of forms of intervention with disaffected youth have been set up.

One of the most talked about forms of intervention with disaffected youth has been ‘mentoring’. This book, based on a largescale research study, examines the lives of a large group of ‘disaffected’ young people, and considers the impact that involvement in a mentoring programme had on them. In doing so it fills a large gap, providing empirical evidence on the effectiveness of mentoring programmes, providing at the same time a vivid insight into the nature of such disaffection, the realities of contemporary social exclusion among young people and the experience and outcome of mentoring.

 

DEALING WITH DRUGS IN EUROPE: AN INVESTIGATION OF EUROPEAN DRUG CONTROL EXPERIENCES: FRANCE, THE NETHERLANDS AND SWEDEN, by Tim Boekhout van Solinge.  Portland: Willan Publishing, 2004. 253pp. Paper. $45.00.  ISBN: 9054545186. [*981]

 

Mind-altering drugs such as cannabis, cocaine, heroin and others are illegal in many parts of the world, but distinct approaches for dealing with the question of illegal drug use have been developed country by country. In this book Tim Boekhout van Solinge describes the different approaches that have been adopted to dealing with the problem, with particular reference to the experience of France, the Netherlands and Sweden. He explores the justifications and rationalizations for the divergent, often contradictory attitudes and systems that have been developed, and concludes that differing national cultural traditions for handling social problems have greatly influenced the ways in which illicit drug use have been dealt with.

THE EFFECTS OF IMPRISONMENT, edited by Alison Liebling and Shadd Maruna. Willan Publishing, 2005. 492pp. Paper. $69.95. ISBN: 1-84392-093-X.

As the number of prisoners in the UK, USA and elsewhere continues to rise, so have concerns risen about the damaging short term and long term effects this has on prisoners. This book brings together a group of leading authorities in this field, both academics and practitioners, to address the complex issues this has raised, to assess the implications and results of research in this field, and to suggest ways of mitigating the often devastating personal and psychological consequences of imprisonment.

THE FORENSIC PSYCHOLOGIST’S CASEBOOK: PSYCHOLOGICAL PROFILING AND CRIMINAL INVESTIGATION, edited by Laurence Alison. Portland: Willan Publishing, 2005. 410pp. Paper. $45.00.  ISBN: 1-84392-101-4.

 

This book aims to demonstrate how forensic psychology contributes to police investigations, providing practical information about the type of reports provided by psychologists and behavioural advisers, and set within a broader theoretical context. It asks the question ‘What do practitioners actually do when they provide advice for the police and the courts and how do they do it?’

The contributors to the book are all experts in the field of offender profiling and behavioural investigative advice. The chapters provide valuable insights into particular case details, the ethical and legal consequences of advice, coverage of the relevant theoretical context, explanations for conclusions drawn, practical difficulties in preparing reports, potential pitfalls, and an account of how cases are resolved.

 

ILLICIT AND ILLEGAL: SEX, REGULATION AND SOCIAL CONTROL, by Joanna Phoenix and Sarah Oerton.  Portland: Willan Publishing, 2005.  209pp. Paper.  $32.50.  ISBN: 1-84362-080-8.

This book is about the surprisingly neglected area of the regulation of sex. It describes and discusses the ways in which various sexual activities are controlled, regulated and made illegal and/or deviant and illicit. Its primary focus is upon the multiple and complex [*982] social controls (laws, statutory regulations, professional/occupational codes, normative frameworks) constructing, constituting and shaping how we ‘do’ sex, and deals with sex that is both illicit (deviant, illegal) and illegal (criminal, offending).

The book challenges the idea that early twenty-first century Britain is increasingly sexually ‘liberated’ by suggesting that this very ‘openness’ provides the conditions in which all sexual activities have become increasingly subject to regulation and control. By examining the policies and laws about various sexually activities, and the social conditions underpinning them, alongside existing research and theoretical literature the authors have provided an accessible text on the sociology of sex.

OFFENDING IDENTITIES: SEX OFFENDER’S PERSPECTIVES ON THEIR TREATMENT AND MANAGEMENT, by Kirsty Hudson. Devon, UK: Willan Publishing, 2005. 204pp. Hardcover. $55.00.  ISBN: 1-84392-115-4.

This book aims to explore sex offenders’ perspectives of the way they are treated and managed. Whilst a great deal has been written about sex offenders and their treatment within the criminal justice system, few studies have approached the issues through an understanding of offenders’ own views and perspectives on their offending behaviour and others’ responses to it. This book aims to redress this imbalance.

The book is based on in-depth interviews with 32 convicted male sex offenders attending three different sex offender treatment programmes (the prison based Sex Offender Treatment Programme, Behaviour Assessment Programme and the community-led Sex Offender Groupwork Programme).

Through gaining an understanding of offenders perceptions of initiatives designed to both treat and control their risk of future offending OFFENDING IDENTITIES at the same time helps us to evaluate the effectiveness of such schemes.

QUESTIONING CRIME AND CRIMINOLOGY, edited by Moira Peelo and Keith Soothill. Devon, UK: Willan Publishing, 2005. 171pp. Paper. $27.50.  ISBN: 1-84392-126-X.

This is a text for criminology students designed to take them to the heart of the contradictions, confusions and blurred boundaries around the subject of crime – about what crime is, about social regulation and control, and about social responsibility. It focuses on the key questions and issues
underpinning them in contemporary definitions, representations and explanations
of crime. It aims to question the platitudes and clichés surrounding public discussion of crime, by acknowledging the individual, social and political frameworks within which we explore crime and criminality.

REFORM AND PUNISHMENT: THE FUTURE OF SENTENCING, edited by Sue Rex and Michael Tonry. Willan Publishing, 2002. 236pp. Paper. $55.00. ISBN: 1-903240-94-8.

In this book [*983] a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensives et of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary.

As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.

REFORMING COMMUNITY PENALTIES, by Sue Rex. Willan Publishing, 2005. 284pp. Paper. $55.00. ISBN: 1-84392-114-6.

This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice.

The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which ‘communication’ can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003.

REFORMING COMMUNITY PENALTIES is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.

ROUGHER JUSTICE: ANTI-SOCIAL BEHAVIOUR AND YOUNG PEOPLE, by Peter Squires and Dawn E. Stephen. Willan Publishing, 2005. 238pp. Paper. $32.50. ISBN: 1-84392-111-1.

Anti-social behaviour has become a major political preoccupation of government and combating it is now a major plank of criminal justice policy. Yet anti-social behaviour as a concept has been little studied, and the notion has often been accepted uncritically. This book aims to meet this need, providing a critique of the government’s use of the concept of anti-social behaviour and of youth justice strategy more generally.

ROUGHER JUSTICE foregrounds the perspectives and experiences of young people themselves. It draws upon recent [*984] developments within the field of cultural criminology to provide an alternative interpretation of the construction of ‘youthful criminal careers’. It is underpinned by research in three separate areas which focus on the new youth justice, youthful criminal careers, and anti-social behaviour and acceptable behaviour enforcement.

Central to the book is an ambition to understand youthful delinquency from the inside and to recover what is lost in much of New Labour’s youth justice strategy -- and the methods adopted by the Youth Justice Board to evaluate this strategy, that is to say a situated and interpretive understanding of youthful delinquency drawn from the perspective of and in the voices of young people themselves.

RESTORATIVE JUSTICE AND THE LAW, edited by Lode Walgrave. Willan Publishing, 2003. 248pp. Paper. $59.95. ISBN: 1-903240-96-4.

Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. Bu t as it has become part of the mainstream of debate, so new tensions and issues have emerged One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law.

The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy.

Amongst the questions it addresses are the following:
How are informal processes to be juxtaposed with formal procedures?
What is the appropriate relationship between voluntarism and coercion?
How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?
How can one balance restorative responses with legally sanctioned punishment?

In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001.

                                                                                                                                               

Xlibris Corporation

                                                                                                                                               

CREATIVE LAWYERING: A HANDBOOK FOR PRACTICE IN THE TWENTY FIRST CENTURY, by C. Ellen Hill.  Xlibris Corporation, 2004.  296pp.  Paperback. $18.69.  ISBN: 1-4134-4819-4.

CREATIVE LAWYERING: A HANDBOOK FOR PRACTICE IN THE 21ST CENTURY takes legal professionals on a joyous journey through integration of their lives and their practice of law. CREATIVE LAWYERING is a means of reconnecting with the meaning [*985] of practicing law: helping people, resolving difficulties, and shaping the course of jurisprudence through the craft of courtroom work, regardless of the size of your client’s pocketbook. Lawyers can find contentment and success in the modern legal world, and CREATIVE LAWYERING shows you how.

                                                                                                                                               

 

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