Recent Additions to the Jerome Hall Law Library: Current

How is UK drugs policy made, and why does it so often seem irrational when considering what works in reducing drug-related harms? This book explains how the concept of drug policy constellations - the loosely concerted policy actors with shared moral commitments that influenced policy outcomes - explains why there is no such thing as 'evidence-based' drug policy. Drawing on his participation in high-level policy discussions, and a novel approach to policy analysis, Stevens presents three recent cases involving key issues in UK illicit drug policy - medical cannabis, drug-related deaths and the government's 10-year drug strategy.

A powerful critique of mass incarceration by the people who have experienced it Inside Knowledge is the first book to examine the American prison system through the eyes of those who are trapped within it. Drawing from the writings collected in the American Prison Writing Archive, Doran Larson deftly illustrates how mass incarceration does less to contain any harm perpetrated by convicted people than to spread and perpetuate harm among their families and communities. Inside Knowledge makes a powerful argument that America's prisons not only degrade and debilitate their wards but also defeat the prison's cardinal missions of rehabilitation, containment, deterrence, and even meaningful retribution.

The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power.

In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

From two distinguished experts on election law, an alarming look at how the American presidency could be stolen--by entirely legal means   "Their new book asks whether a second Trump attempt to subvert democracy could succeed. Their answer makes for uncomfortable reading."--Ed Pilkington, The Guardian   Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner.  

Beyond the First Draft helps law students and lawyers approach the often difficult task of editing their own writing. The book starts with the fundamental idea that good writing is organized, vigorous, clear, and polished. Its ultimate goal is to help students and practitioners understand that good writing cannot be accomplished in a single draft; good writers must be good editors. Each chapter of the book is organized around one of the principles of good writing and begins with an editing checklist for accomplishing that principle of good writing. The book explains each item in the checklist, providing both students and lawyers with the instruction and straightforward editing tips that they need to become effective editors.

This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like "personhood" that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes.

Corporate Finance for Lawyersexplores the intricate relationship between law and corporate finance. Utilising the 'Financial Mindmap' throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner. The book provides an introduction into the basic building blocks of corporate finance including, Enterprise Value, Equity Value and Net Debt, and the dominant company valuation methods of EBITDA-multiples and Discounted Cash Flow. The book further explains finance patterns from both a finance and a legal perspective, most notably the use of non-interest bearing, secured credit, shareholder loans and guarantees, ending with reorganisation procedures.

One of the most controversial subjects in criminal law is whether or not we should continue to use capital punishment as the ultimate punitive sanction. The intended focus of The Problem with Capital Punishment and Why It Should Be Abolished in America is to take a harsh, critical look at theories in support of the use of this form of punishment and expose the truth about capital punishment: it is extremely costly; it is arbitrarily applied; there have been too many innocent persons exonerated from death row; and the only consistency with execution seems to be that of the mentally ill, the poor, and those without adequate legal representation and by using methods that are inhumane.

Clearing the Last Hurdle: Mapping Success on the Bar Exam by Wanda M. Temm is designed as a comprehensive textbook for a for-credit bar preparation course. This all-inclusive textbook includes substantive outlines on all Multistate Bar Exam (MBE) topics and all Multistate Essay Exam (MEE) topics and is also easily adaptable for state-specific jurisdictions.

While many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished - both socially and criminally - for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago.

Responding to Vine Deloria, Jr.'s call for all people to "become involved" in the struggle to protect Indigenous sacred sites, Dana Lloyd's Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights--one party's religious freedom and another party's property rights. In this contest, the right of property will always win.

Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts.

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early antidrug laws in the US arose from racial animus, George Fisher instead shows in textured detail how US drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity. From nineteenth-century opium dens to the war on cocaine and cannabis, and more, Fisher offers a vivid tour of the sites of conflict, along with a convincing case for how the moral discourses and social contexts of the day pit drugs against the law.

Federal Law Enforcement: A Primer fills a gap in criminal justice literature by examining federal law enforcement from both historical and contemporary perspectives. Part I of the book considers the history of federal law enforcement in the United States as well as its current status within the broader American law enforcement community. Debate over the reach and scope of federal law enforcement is also addressed. Parts II through V of the book examine the history, organization, personnel, and function of over 20 specific federal law enforcement agencies. Finally, Part VI of the book addresses careers within, and the future of, federal law enforcement in the United States.

Globalization has unleashed the spread of communicable and non-communicable diseases, connected societies through vulnerability to common threats, and revealed the limitations of domestic legislation in addressing economic, social, and political determinants of health. Yet if globalization has presented challenges to disease prevention and health promotion, with the COVID-19 pandemic making clear the governance challenges ahead, global health law offers the promise of bridging national boundaries to alleviate global inequities.

Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict.

Efforts to moderate conflict are as old as conflict itself. Throughout the ages, restraint in warfare has been informed by religious and ethical considerations, chivalry and class, and, increasingly since the mid-19th century, a body of customary and treaty law variously referred to as the laws of war, the law of armed conflict (LOAC) or international humanitarian law (IHL). As they evolved from the mid-19th century, these laws were increasingly underpinned by humanitarianism, then in the mid-20th century, were assumed to be universal.

Democratic Education in an Armed Society: Learning to Live with Guns examines the points of intersection between school gun violence and democratic education. Samantha Deane explores the connection between how we teach children to think of themselves as democratic actors and the unceasing plague of gun violence. Juxtaposing two images of political agency, Deane connects an essentialized view of humans as masters of themselves, objects, and history with discourses that aim to train individuals to be autonomous and rational users of objects like guns. This liberal view gives us no way to think about how objects, narratives, and norms contour the selves we claim to be. Deane suggests that we must learn to attend to the ways in which our ability to act in the world is shared and distributed.

The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around.

Why are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin's men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum.

Despite greater social awareness and intense media coverage of high-profile sexual assault cases, the vast majority of such crimes still go either unreported or unprosecuted. Why? The answer lies in the patchwork of laws governing such crimes and the often sexist and racist roots that underlie them. Utmost Resistance: Examining Sexual Violence Law in the United States discusses the history of sexual violence laws, the social and media forces that drive the laws, and the progress American society has made in recognizing and punishing such behavior. The chapters cover a range of subjects including federal regulations such as Title IX and Title VII, sentencing, children and sexual violence, pornography, and evidence, as well as the evolution of legal concepts such as force and consent.

An ambitious study of our obsession with complicity that shows how we can all become "good accomplices."   Beyond Complicity is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?  

As the metaverse rapidly evolves, a comprehensive examination of the emerging threats and challenges is imperative. In the groundbreaking exploration within Forecasting Cyber Crimes in the Age of the Metaverse , the intersection of technology, crime, and law enforcement is investigated, and it provides valuable insights into the potential risks and strategies for combating cybercrimes in the metaverse. Drawing upon research and scientific methodologies, this book employs a forward-thinking approach to anticipate the types of crimes that may arise in the metaverse.

The plot of the book is about how the rule of law functions to protect corporate structures that facilitate the commission of globalized fraud and abuse. The rules of law are used to dilute and hide accountability of high managerial agents and controlling persons, performing as a tool in aid of centralized and concentrated capital interests, devouring and destabilizing small-to-medium-sized companies. The theories and concepts developed in the book chapters are explored then applied to a real case and controversy--a mega-fraudulent bankruptcy in Argentina. In the zone of the world's largest grain manufacturing and exporting port complex, the VICENTIN SAIC default illustrates poignantly the premises of the book.

An essential study of the rule of law by one of the world's leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law.

The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation's species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. In this volume, leading Endangered Species Act experts interpret and propose legislative and administrative changes to prepare the ESA for future challenges.

Cities have taken a leading role in efforts to reduce greenhouse gas emissions. As federal and state climate policy waxes and wanes, many of the largest U.S. cities have pledged themselves to ambitious sustainability goals, as have smaller communities across the country. City-level policy makers, facing a range of political constraints, a thicket of federal and state laws, and varying degrees of municipal authority, need to figure out how to meet their climate commitments. Urban Climate Law is a practical, user-friendly primer on the legal challenges and opportunities for effective and equitable decarbonization.

Spend time at the International Criminal Court (ICC), and you will hear the familiar language of anti-impunity. Spend any longer, and you will encounter the less familiar language of management - efficiency, risk, and performance. How have these two languages fused within the primary institution of global justice? In this book, Richard Clements explores that question through an historical and conceptually layered account of management's impact on the ICC's global justice project. The book historicises management, highlighting the sites of struggle that have shaped the court's managerial present.

In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago, and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen--a decision whose far-reaching implications are still being unraveled.