From the Library Catalog
New Electronic Resources
For law faculty members needing assistance locating new titles or additional resources on your topics of interest, please contact your library liaison.
Featured Titles for March 2017
Publication Date: 2017-02-02
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Creativity Without Law
Call Number: K1401.C735 2017
Publication Date: 2017-02-28
Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections.
Call Number: KF4850.G725 2017
Publication Date: 2017-01-16
US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.
Call Number: KF4764.B76 2017
Publication Date: 2017-03-14
From a distinguished historian, a detailed and compelling examination of how the early Republic struggled with the idea that "all men are created equal" How did Americans in the generations following the Declaration of Independence translate its lofty ideals into practice? In this broadly synthetic work, distinguished historian Richard Brown shows that despite its founding statement that "all men are created equal," the early Republic struggled with every form of social inequality. While people paid homage to the ideal of equal rights, this ideal came up against entrenched social and political practices and beliefs. Brown illustrates how the ideal was tested in struggles over race and ethnicity, religious freedom, gender and social class, voting rights and citizenship. He shows how high principles fared in criminal trials and divorce cases when minorities, women, and people from different social classes faced judgment. This book offers a much-needed exploration of the ways revolutionary political ideas penetrated popular thinking and everyday practice.
A Critique of Proportionality and Balancing
Call Number: K247.U73 2017
Publication Date: 2017-01-26
The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits.