Recent Additions to the Jerome Hall Law Library: Current

Open banking is a silent revolution transforming the banking industry. It is the manifestation of the revolution of consumer technology in banking and will dramatically change not only how we bank, but also the world of finance and how we interact with it. Although U.S. banks and market participants have been sharing customer-permissioned data for the past twenty years and there have been recent policy discussions, such as the Obama administration's failed Consumer Data Privacy Bill and the Data Aggregation Principles of the Consumer Financial Protection Bureau, open banking is still a little-known concept among consumers and policymakers in the States. This book defines the concept of 'open banking' and explores key legal, policy, and economic questions raised by open banking.

This online Oxford Handbook includes the chapter "Race and Civil Procedure" by Maurer Professor Victor D. Quintanilla. The chapter discusses how race, racism, and structural inequalities are central to understanding the day-to-day operation of the Federal Rules of Civil Procedure (FRCP), and are yet obscured from most first-year Civil Procedure courses.

A masterful new look at privacy in the twenty-first century, "The Fight for Privacy" takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes.

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume, which includes Maurer Professor Donna Nagy’s commentary on “U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991),” takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective.

Co-authored by Maurer Professor Mark Janis, this new edition of the leading casebook on trademark and unfair competition continues to present the subject in a clear, accessible, and up-to-date fashion. The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope and enforcement of trademark rights and some related causes of action.

This book focuses on the first Supreme Court case to grant Jewish Americans race-based civil rights and highlights the complexity of White-perceived Jewish racialization in the United States. In 1982, vandals defaced Shaare Tefila Congregation in Silver Spring, Maryland, with Ku Klux Klan and neo-Nazi images and slogans. Because no religion-based statutes applied to the desecration, the synagogue's lawyers were required to utilize race-based statutes. In her close study of what became the 1987 case Shaare Tefila Congregation v. Cobb, Annalise Glauz-Todrank offers a nuanced analysis of the ways in which the members of the congregation, their lawyers, and the vandals' lawyers used the concepts of race and religion to argue their case.

An account of the actions of the "Nixon Court" during the 1972 term--a term during which one of the most politically diverse benches of the era would confront a remarkably broad array of issues with major implications for the future of constitutional law. By looking at the term's cases--most notably Roe v. Wade, but also those addressing school desegregation, criminal procedure, obscenity, the rights of the poor, gender discrimination, and aid to parochial schools--Earl Maltz provides the reader with a rare close-up view of the complexity of the forces that shape the responses of a politically diverse Court to ideologically divisive issues--responses that would shape the evolution of constitutional doctrine for decades to come.

This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law.

Concerns about cultural heritage have migrated beyond the cultural sphere to sectors dealing with peace and security and dovetails with issues such as the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen our understanding of this evolving nexus between cultural heritage and security in the twenty-first century. It offers a collection of chapters that aims to open new horizons for thinking about the relationship between cultural heritage, security, and international law.

Since U.S. News & World Report first published a college ranking in 1983, the rankings industry has become a self-appointed judge, declaring winners and losers among America's colleges and universities. In this revealing account, Colin Diver shows how popular rankings have induced college applicants to focus solely on pedigree and prestige, while tempting educators to sacrifice academic integrity for short-term competitive advantage. By forcing colleges into standardized "best-college" hierarchies, he argues, rankings have threatened the institutional diversity, intellectual rigor, and social mobility that is the genius of American higher education.

Local Government Law provides a unique resource with concise, easy-to-understand explanations of important legal issues faced by local public officials, community boards, and city councils. From the moment officials take office, they face decisions related to basic principles found in state and federal law. The same is true for those in the private sector aiming to work successfully with local governments. This practical guidebook will empower public and private representatives with a functional grasp of legal principles, with chapters explaining what a local government is, the requirement to follow due process, local land use controls, the basics of the Freedom of Information Act, and many other important subjects.

Among the most infamous prosecutions of a literary figure in history, the two trials of Oscar Wilde for committing acts of "gross indecency" occurred at the height of his fame. The trials prompted a new intolerance toward homosexuality: habits of male bonding that were previously seen as innocent were now viewed as a threat, and an association grew in the public mind between gay men and the arts.“ Oscar Wilde on Trial” assembles accounts from a variety of sources, including official and private letters, newspaper accounts, and previously published (but very incomplete) transcripts, to provide the most accurate and authoritative account to date of events that were pivotal in both legal and cultural history.

“Family Life, Family Law, and Family Justice” combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility.

British democracy is on trial. We can no longer hold our leaders to account; the state has too much power; and the truth doesn't matter at all. Those we voted into government have nothing but contempt for the democratic system that got them there. When the Prime Minister illegally prorogued Parliament, barrister Sam Fowles was part of the team that took him to court, and won. The scenes of the police violently restraining women at a vigil for Sarah Everard shook the nation. In a high-profile parliamentary inquiry, Fowles proved the Met's actions fundamentally breached our right to protest. We shouldn't have to drag our rulers to court just to get them to follow the rules. At a crucial juncture for British governance, Fowles urges us not to take our freedoms for granted.

“The Significant Lawyer” describes changes in the legal profession beginning in the mid-1980s when lawyers began to measure success by the profits they and their firms generated. Law became a business, not a profession. Integrity, efficiency, and strong client relationships eroded. Lawyers found themselves professionally unfulfilled. The suicide rate for lawyers skyrocketed. They forgot about their oaths; oaths that require civility, commitment to justice, fair play, and respect for the courts. Practice today would look vastly different if lawyers aligned themselves with the shared values of their profession and with their own values and priorities. But is this kind of alignment possible anymore?

Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary.

Is it possible to be both a judge and a feminist? “Feminist Judgments: Rewritten Criminal Law Opinions” answers that question in the affirmative by re-writing seminal opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defences to the death penalty. How might all of justice look different through a feminist lens? This book answers that question. Includes Maurer Professor I. India Thusi’s judgment essay “Erotic Services Provider Legal Education and Research Project v. Gascon.”

Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment. The editors and contributors to the indispensable “Justice Outsourced” examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs.

Written by Maurer Professor Emeritus of Law, Alex Tanford, "Indiana Trial Evidence Manual" is an easy-to-use manual that assists you at any stage of civil or criminal trial research. It fully covers the Indiana Evidence Rules, as well as the latest cases and statutes. It has sample forms to aid the user to phrase objections properly, and support objections with easily-accessible case law and rules of evidence. This single volume contains everything that one might need at trial but is small enough to fit in a briefcase and concise enough that a trial lawyer can find relevant sections quickly.

This well-illustrated, user-friendly text offers a succinct overview of complex surgical sparing management of reproductive pelvic disorders, designed for the reproductive endocrinology and infertility specialist and general gynecologist. Providing an understanding of when minimally invasive reproductive surgery is indicated, this book presents clinical pearls to help manage specific pathologies and strategies for managing and minimizing the risks of complications in operative laparoscopy and hysteroscopy. Includes Maurer Professor Jody Madeira’s chapter “Risk Mitigation Strategies for Physicians," co-authored with Jerry A. Lindheim.

Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. In “Social Media, Freedom of Speech, and the Future of our Democracy,” Bollinger and Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context.

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world. In “License to Travel,” Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refugee camps of today. With unexpected discoveries at every turn, Bixby exposes the passport as both an instrument of personal freedom and a tool of government surveillance powerful enough to define our very humanity.

Chief Standing Bear of the Ponca Nation faced arrest for leaving the U.S. government's reservation, without its permission, for the love of his son and his people. In telling his story, “Standing Bear's Quest for Freedom” relates an unprecedented civil rights victory for Native Americans: for the first time, in 1879, a federal court declared a Native American to be a "person"--a human being with the right to file an action for a redress of grievances in a federal court, like every other person in the United States. Standing Bear's victory in Standing Bear v. Crook began a national movement of reforming Native American rights--albeit a slow one. America would never be the same.

With the growing volume and sophistication of cyberattacks, it is important to ensure you are protected. This new third edition published by the ABA Cybersecurity Legal Task Force addresses the current overarching threat, describes how the technology works, outlines key legal requirements and ethical issues, and highlights special considerations for lawyers and practitioners of all types. The foundational information this edition shares will remain relevant even in a changing environment.

Graphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of “Comic Art, Creativity and the Law” update the author's analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art. Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process.

Each year the public, media, and government wait in anticipation for the Supreme Court to announce major decisions. It is not surprising that parties and outside individuals and interest groups invest an estimated $25 million to $50 million a year to produce roughly one thousand amicus briefs to communicate information to the justices, seeking to impact these rulings. Despite the importance of the Court and the information it receives, many questions remain unanswered regarding the production of such information and its relationship to the Court's decisions. “Persuading the Supreme Court” leverages the very written arguments submitted to the Court to shed light on both their construction and impact.

After the sudden shock of Donald Trump's victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren't going to stand by in the face of injustice. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time. "Lady Justice" is destined to be treasured and passed from hand to hand for generations to come.

A new breed of reform-minded prosecutors tells their stories about the challenges and successes of making change from inside the system. Using the power of their office, which has traditionally fueled mass incarceration and harsh punishments, this new breed of elected prosecutors has joined the movement to shake up the justice system. In “Change from Within,” these visionaries describe their journeys to office, what they are doing to change "business as usual," the pushback they've experienced, and their thoughts on reforms that are possible working from the inside. Published in partnership with Fair and Just Prosecution (FJP), drawing from interviews conducted by the FJP, this unprecedented book includes intensely personal first-person profiles of thirteen transformative DAs.

This book analyses narrow definitions of gender in international criminal law. Jurisprudence blind spots are examined, such as sexual violence against men, and the gendered dimensions of forced marriage and reproductive crimes. It promotes a more nuanced notion of gender to improve accountability for war crimes, genocide and aggression.

The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story, showing how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law revealed by the experience of war.