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.
Diversity Matters: Judicial Policy Making in the U.S. Courts of Appeals
by Susan B. Haire and Laura P. Moyer, University of Virginia Press, 2015
Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts.
Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.
To the Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis
by Philip A. Wallach, Brookings Institution Press, 2015
In To The Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis, Philip Wallach chronicles and examines the legal and political controversies surrounding the government's responses to the recent financial crisis. The economic devastation left behind is well-known, but some allege that even more lasting harm was inflicted on America's rule of law tradition and government legitimacy by the ambitious attempts to limit the fallout. In probing these claims, Wallach offers a searching inquiry into the meaning of the rule of law during crises.
The book provides a detailed analysis of the policies undertaken—from the rescue of Bear Stearns in March 2008 through the tumultuous events of September 2008, the passage of the TARP and its broad usage, the alphabet soup of emergency Federal Reserve programs, the bankruptcies of Chrysler and GM, and the extended public ownership of AIG, Fannie Mae, and Freddie Mac. Throughout, Wallach probes the legal bases of the government's actions and explores why concerns about the legitimacy of government actions were only sporadically grounded in concerns about legality—and sometimes ran directly against them.
The public's sense that government officials operated through ad hoc responses that favored powerful interests has helped bring the legitimacy of American governmental institutions to historic lows. Wallach's book recommends constructive and sensible reforms policymakers should take to ensure accountability and legitimacy before the government faces another crisis.
Freedom for All: An Attorney's Guide to Fighting Human Trafficking
by Kelly Hyland and Kavitha Sreeharsha, ABA Publications, 2015
Human trafficking is the reprehensible practice of physically or psychologically compelling an individual to work or provide commercial sexual services. An estimated 21-30 million people are currently enslaved worldwide, with fewer than one percent of these individuals ever identified. Attorneys have the much-needed skills, clientele, and positions to help shrink this alarming gap, by integrating identification, services and prevention strategies into their respective practices.
Freedom for All demonstrates to attorneys across multiple practice areas how human trafficking intersects with their daily practice, how their skills translate, and how they can easily begin to integrate anti-trafficking into their work. It is as much a practical introduction to any student or practicing attorney as it is a lay of the land of current anti-trafficking legal efforts. The book also highlights the important contributions of numerous attorneys and exciting nascent developments.
The Islamic Worldview: Islamic Jurisprudence - An American Muslim Perspective
by Azizah al-Hibri, ABA Publications, 2015
“Is practicing Islam in the American Diaspora identical to its practice in other countries, or must a new Islamic jurisprudence be developed that takes into account the culture, customs and laws of this country?”
This is the central question around which world-renowned Islamic scholar and author Dr. Azizah al-Hibri bases her discussion and analysis of Islamic Jurisprudence within a 21st century American context. The Islamic Worldview is the first volume of Islamic Jurisprudence: An American Muslim Perspective, a groundbreaking series that revisits traditional Islamic jurisprudence in order to develop a modern enlightened understanding of Islam with respect to gender, marriage, family, and democratic governance.
With Qur’anic textual analysis and commentary, it provides both the Muslim and non-Muslim reader with a basic understanding of the legal foundations of Islam. It introduces the sources of Islamic law and their significance in the hierarchy of Islamic jurisprudence while presenting Dr. al-Hibri’s articulation of the Islamic worldview, developed in light of modern day concerns, such as those relating to gender, race and class. The Islamic Worldview introduces the Qur’an as the supreme source of Islamic law and discusses basic rules and principles that have been noted by jurists over time in understanding and interpreting it, and how these rules can and have been applied toward the evolution of a uniquely Islamic global perspective.
Green Building and the Construction Lawyer: A Practical Guide to Transactional and Litigation Issues
edited by Melissa A. Beutler, Matt DeVries, Edward B. Gentilcore, Christopher D. Montez, and Tracy L. Steedman, ABA Publications, 2015
Evolving past a trend and into an integral issue in design and construction, green building and sustainable development practices are now integral issues in design and construction. Green Building and the Construction Lawyer provides explanations and insights into issues that all construction lawyers should understand in order to meet their client’s needs and expectations.
Green building presents unique issues associated with legislation, design and construction practices, contract drafting, insurance, and even litigation and dispute resolution, among others. Green Building and the Construction Lawyer offers a primer focused on the special needs of the construction practitioner, and includes advanced tips and commentary key issues.
International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations
by Daniella Dam-de Jong, Cambridge University Press, 2015
Natural resource wealth is conducive to a country's development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have also triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Sierra Leone, Liberia and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. The aim of this book is to assess the contribution of international law in ensuring that natural resources are used to promote development and to achieve sustainable peace instead of financing armed conflict. For this purpose, the author discusses the international legal framework for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and post-conflict peacebuilding efforts.
Ocean and Coastal Law and Policy
edited by Donald C. Baur, Tim Eichenberg, Georgia Hancock Snusz, and Michael Sutton, ABA Publications, 2015
Providing an excellent and current resource for understanding the complexities of ocean and coastal law and policy, this updated edition of an ABA bestseller brings together the expertise of the country’s leading scholars and practitioners in the field of ocean and coastal law.
Covering the full array of issues involved – from maritime jurisdiction and boundaries to water quality protection to fisheries management and marine mammal protection to offshore energy development and climate change – each chapter addresses the current state of the law for the topic, followed by analysis of the emerging and unresolved issues. Its final chapters address the principles, legal authorities, and planning for a transition toward an ecosystem-based management approach to U.S. coastal and ocean areas.
Cross-Examining Psychiatrists and Psychologists: A Practical Guide
by Alan T. Radnor, ABA Publications, 2014
Psychiatrists’ and psychologists’ input holds a somewhat unique position in the medical-legal world. Though sometimes based on testing, their opinions are primarily based on the subjective activity of talking to their patients. This means the accuracy of the historical facts of a case becomes even more important. Relatedly, psychiatrists and psychologists are notoriously slippery witnesses and it is hard to fit their opinions into objective criteria.
Cross-Examining Psychiatrists and Psychologists: A Practical Guide is a thorough examination of the substantive areas involved in cross-examining these professionals for both plaintiff and defense attorneys. Unedited, real trial transcripts demonstrate good and not-so-good approaches to cross-examination, with helpful notations pointing to substantive areas and techniques you need.
Included in the book are examples of the Diagnostic and Statistical Manual (DSM-5) and psychological testing cross-examinations; common psychological concepts and a glossary of terms; sections on discovery, finding the right expert, preparing for cross, and attacking opinions; and mental status examinations, psychological testing, and standard psychological facts.