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For a complete list of acquisitions for a particular week, please select a link from the list below. Full monthly listings can be found in the Acquisitions List Archive.

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March Acquisitions

Selective Listing of Recent Acquisitions

The Evangelical Origins of the Living Constitution

by John W. Compton, Harvard University Press, 2014

The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century.

Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds.

In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.

The Fundamentals of Counterterrorism Law

edited by Lynne K. Zusman, ABA Publishing, 2014

The Fundamentals of Counterterrorism Law dives into the basic legal framework surrounding the many parts of dealing with terrorism - covering such critical topics of international investigations, national security law, ethics, privitization, drones, cyberterrorism and much more. Written by admirable and experts in the field of terrorism, these authors offer an astounding view into the current laws and justification for the governmental responses stemming from the September 11, 2001 attacks.

The Law of the Executive Branch: Presidential Power

by Louis Fisher, Oxford University Press, 2014

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.

The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

Fixing U.S. International Taxation

by Daniel N. Shaviro, Oxford University Press, 2014

International tax rules, which determine how countries tax cross-border investment, are increasingly important with the rise of globalization, but the modern U.S. rules, even more than those in most other countries, are widely recognized as dysfunctional. The existing debate over how to reform the U.S. tax rules is stuck in a sterile dialectic, in which ostensibly the only permissible choices are worldwide or residence-based taxation of U.S. companies with the allowance of foreign tax credits, versus outright exemption of the companies' foreign source income.

In Fixing U.S. International Taxation, Daniel N. Shaviro explains why neither of these solutions addresses the fundamental problem at hand, and he proposes a new reformulation of the existing framework from first principles. He shows that existing international tax policy frameworks are misguided insofar as they treat "double taxation" and "double non-taxation" as the key issues, conflate the distinct questions of what tax rate to impose on foreign source income and how to treat foreign taxes, and use simplistic single-bullet global welfare norms in lieu of a comprehensive analysis.

Drawing on tools that are familiar from public economics and trade policy, but that have been under-utilized in the international tax realm, Shaviro offers a better analysis that not only reshapes our understanding of the underlying issues, but might point the way to substantially improving the prevailing rules, both in the U.S. and around the world.

Internet Publishing Perils and Practices

edited by John Borger and Steven D. Zansberg, ABA Publishing, 2013

The ever changing digital landscape is a tricky place for legal practitioners and not understanding the rules of the game can cost your client dearly. Google/Youtube has spent over $100 million defending against Viacom's $1 billion copyright lawsuit. A judge ruled that the AFP and Getty Images must pay photographer Daniel Morel $1.02 million in damages for using and distributing his Twitter photos of the earthquake in Haiti. A Connecticut ambulance company paid a former employee to settle a wrongful termination claim after she was fired for criticizing her boss on Facebook. 

This handy guide is a practical, usable and accessible tool for those with general legal knowledge who do not encounter this area of law regularly. It explores a wide range of legal issues facing anyone or any company with an online presence: defamation, invasion of privacy, copyright infringement, website terms of use, and employer's rights and risks in relation to employees' online conduct, on duty and off.

Getting Incentives Right: Improving Torts, Contracts, and Restitution

by Robert D. Cooter, Princeton University Press, 2014

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good.

In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.

The Forensic Autopsy for Lawyers

by Michael J. Panella and Samuel D Hodge, Jr., ABA Publishing, 2013

A forensic autopsy is a classic function of the police power of the state. The results of the autopsy can be essential evidence in the prosecution of a crime. Such evidence is also necessary in civil cases where tort liability is a key element of a case. Without a firm cause or manner of death, it may be very difficult to link an individuals actions to a death for culpability to attach. 

The forensic autopsy provides this causal link with a systematic medical examination of the decedent to detect natural diseases and traumatic injuries. This enables the pathologist to conclude what caused the death and how the persons demise occurred.

Attorneys must be aware of the methods that may be critical in accurately establishing the cause and manner of death, including histology, radiology, microbiology, toxicology, serology, and special forensic laboratory testing. They need also be able to recognize the strengths and limitations of the procedure and how they fit into a case. Containing more than 200 illustrations and photos, The Forensic Autopsy is an important guide to maximizing an attorneys use of the autopsy when providing legal representation.

Domestic Politics and International Human Rights Tribunals: The Problem of Compliance

by Courtney Hillebrecht, Cambridge University Press, 2014

International politics has become increasingly legalized over the past fifty years, restructuring the way that states interact with each other, with international institutions, and even with their own constituents. The area subjected to the most intense restructuring has perhaps been human rights. The rise of the international legalization of human rights now makes it possible for individual constituents to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights.

This book brings together theories of compliance from international law, human rights, and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. The central argument of the book is that compliance with international human rights tribunals' rulings is an inherently domestic affair. It posits three overarching questions: First, why do states comply with human rights tribunals' rulings? Second, how does the compliance process unfold and what are the domestic political considerations around compliance? Third, what effect does compliance have on the protection of human rights? This book answers these questions through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia, and the United Kingdom.