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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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Selective Listing of Recent Acquisitions

Do Great Cases Make Bad Law?

by Lackland H. Bloom, Jr, Oxford University Press, 2014

"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations.

In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v. Sebelius, the Patient Protection and Affordable Care Act case, in 2012. He treats each case with its own chapter, and explains why the Court found a case compelling, how the background and historical context affected the decision and its place in constitutional law and history, how academic scholarship has treated the case, and how the case integrates with and reflects off of Justice Holmes' famous statement. In doing so, Professor Bloom draws on the whole of the Supreme Court's decisional history to form an intricate scholarly understanding of the holistic significance of the Court's reasoning in American constitutional law.

Animal Cruelty and Freedom of Speech: When Worlds Collide

by Abigail Perdue and Randall Lockwood, Purdue University Press, 2014

A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come.

The Stevens case arose from the first conviction under 18 USC § 48 (Section 48), a federal law enacted in 1999, which criminalized the creation, sale, and/or possession of certain depictions of animal cruelty. The US Congress intended Section 48 to end the creation and interstate trafficking of depictions of animal cruelty in which animals are abused or even killed for entertainment’s sake. Proponents of Section 48 predicted that countless benefits to both humans and animals would flow from its enforcement. Opponents of the law argued that it was too far-reaching and would stifle protected speech. Critics of Section 48 appeared to have prevailed when the US Supreme Court struck the law down as unconstitutionally overbroad. Although a law tailored to address the Supreme Court's concerns was quickly enacted, the free speech/animal cruelty controversy is far from over.

The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

by Cynthia Lee Starnes, New York University Press, 2014

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat today’s primary caregivers as if they were suckers. Her solution is to radically reconceptualize alimony as a marriage buyout.

Starnes’s buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. Her quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, Starnes outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn’t a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

by Kurt T. Lash, Cambridge University Press, 2014

This book presents the history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. This exhaustively researched book follows the evolution in public understanding of “the privileges and immunities of citizens of the United States,” from the early years of the Constitution to the critical national election of 1866.

For the first 92 years of our nation's history, nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and the supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy altogether, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.

How to Play the Game: What Every Sports Attorney Needs to Know

by Darren Heitner, ABA Publishing, 2014

Sports law is a niche practice area. It encompasses a variety of disciplines, but also requires knowledge of the inner workings of professional leagues and sports-related statutes in order to be successful in the field. How to Play the Game provides readers with an overview of sports law specifically tailored to practitioners who are looking to add sports law to their practice area and who need a practical, informative--though not encyclopedic—overview of the field to help them get started.

It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players’ associations, the power of sports commissioners, sports betting regulations, and more. 

But what makes this book unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from the author’s own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries.
In addition, an appendix contains examples of legal documents--including professional contracts—with which any sports attorney/agent needs to be familiar. In short, How to Play the Game is the go-to source for anyone interested in getting into the field of sports law.

The Little Book of Holiday Law

by Ursula Furi-Perry, ABA Publishing, 2014

Holidays are deeply personal and emotional times, and as such have a way of provoking strong feelings in just about everyone over just about any issue. And then we liberally mix in booze, sugary foods, and wild parties. In twelve chapters—one for each month—The Little Book of Holiday Law covers holidays big and small, religious and secular, and looks at many different types of cases covering everything from public displays of religious celebration to Halloween pranks gone bad. Enjoy and share this fun and fascinating look at holiday culture, facts, and humor, and the occasionally litigious reactions provoked by crosses, cauldrons, and celebrations.

Organic Agriculture and the Law

by E. Morgera, C. Bullon Caro, and G. Marin Duran, FAO, 2012

Organic Agriculture and the Law is a legislative study that identifies and explains the different legal issues related to organic production. The study includes a comparative analysis of selected public and private legal sources of international relevance as well as recommendations on the issues to consider in the design of national organic agriculture legislation.

Coaching for Attorneys: Improving Productivity and Achieving Balance

by Cami McLaren and Stephanie Finelli, ABA Publishing, 2014

Coaching for Attorneys is more than just a book. It is a mentor - addressing common problems and concerns that lawyers experience throughout their careers - and provides specific tools along with specific step-by-step instructions on how to use these tools to help you make life as a lawyer easier. Coaching for Attorneys teaches one how to feel good about what you are doing thus resulting in better work, better health, and better family life. Simply put: a fulfilled attorney is a better attorney.Throughout this new-age book, real life examples are included that demonstrate how effective coaching can have positive changes. The authors help you realize practicing law in a new and innovative way that will respect who you are as a person; that will bring excellence to your practice, balance to your life; and that will ultimately have you feeling better and working more productively!