Recent Additions to the Jerome Hall Law Library: Current

When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order--based on neoliberal, financialized capitalism--is with one in which the rights of diverse people around the globe can be realized.

Laws subject people who perform sex work to arrest and prosecution.  The Compassionate Court? assesses two prostitution diversion programs (PDPs) that offer to "rehabilitate" people arrested for street-based sex work as an alternative to incarceration. However, as the authors show, these PDPs often fail to provide sustainable alternatives to their mandated clients. Participants are subjected to constant surveillance and obligations, which creates a paradox of responsibility in conflict with the system's logic of rescue. Moreover, as the participants often face shame and re-traumatization as a price for services, poverty and other social problems, such as structural oppression, remain in place.

This book is a timely examination of congressional oversight in the United States, serving as a definitive guide for scholars and political, legal, and media observers seeking to navigate contemporary conflicts between Congress and the White House. Author Daniel Epstein has spent his professional career as a lawyer serving all sides of the regulatory process: he ran investigations for Congress, defended the White House from congressional oversight, and represented individuals, nonprofit news organizations, and entrepreneurs in federal court to fight for regulatory transparency and fairness. Epstein uses historical and observational data to argue that the modern federal bureaucracy did not begin as a regulatory state but as an investigative state.

The Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market.

In recent decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in places characterized by ethnically based political exclusion and inequalities. By introducing the concept of 'Collective Equality' as a new theoretical basis for the law of peace, this timely book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms.

This timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation. Organized into four parts, The International Governance of Artificial Intelligence demonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights.

What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the U.S. Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more.   In this history of what the Supreme Court's best-known decision has meant, Ziegler identifies the inconsistencies and unsettled issues in our abortion politics.

Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question.

This volume provides an alternate history of health law by rewriting key judicial opinions from a feminist perspective. Each chapter includes a rewritten opinion penned by a leading scholar relying exclusively on court precedents and scientific understanding available at the time of the original decision accompanied by commentary from an expert placing the case in historical context and explaining how the feminist judgment might have shaped a different path for subsequent developments. It provides a map of the health law field-where paternalism, individualism, gender stereotypes, and tensions over the public-private divide shape decisions about informed consent, medical and nursing malpractice, the relationships among health care professionals and the institutions where they work, and more.

Glenn Ford, a Black man, spent thirty years on Louisiana's death row for a crime he did not commit. He was released in 2014--and given twenty dollars--when prosecutors admitted they did not have a case against him. Ford's trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death. In The Fear of Too Much Justice, legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice.

This new volume offers a broad overview of topics pertaining to gender-related health, violence, and healing. Employing a strength-based approach (as opposed to a deficit model), the chapters address the resiliency of Indigenous women and two-spirit people in the face of colonial violence and structural racism. The book centers the concept of "rematriation"--the concerted effort to place power, peace, and decision making back into the female space, land, body, and sovereignty--as a decolonial practice to combat injustice. Chapters include such topics as reproductive health, diabetes, missing and murdered Indigenous women, Indigenous women in the academy, and Indigenous women and food sovereignty.

How can we interpret and respond to the rise of populist regimes that infringe on human rights? This incisive book analyses illiberal, repressive, and patriarchal logics of rule, identifying critical catalysts in the meteoric growth of populist agendas. Contributors scrutinise the records of authoritarian and nationalist leaders in Brazil, Hungary, India, Mexico, the Philippines, Poland, Turkey and the United States. This topical book treats populism as a multi-faceted, performative phenomenon that claims to improve social rights while suppressing civil liberties and substitutes the promise of cultural citizenship for the loss of self-determination in a turbulent era of globalization.

The Eight tells the story of Lemmon v. New York--or, as it's more popularly known, the Lemmon Slave Case. All but forgotten today, it was one of the most momentous civil rights cases in American history. There had been cases in which the enslaved had won their freedom after having resided in free states, but the Lemmon case was unique, posing the question of whether an enslaved person can win freedom by merely setting foot on New York soil--when brought there in the keep of an "owner." The case concerned the fates of eight enslaved people from Virginia, brought through New York in 1852 by their owners, Juliet and Jonathan Lemmon.

This book offers a post-pandemic vision for the future of legal education and charts a path to get there. Among the book's recommendations are that schools must dispense with the LSAT and develop an alternative non-discriminatory admissions process. Further, that law schools should admit a much larger cohort to the 1L year, at much reduced cost, and put most of 1L content online in a hybrid format. It suggests that a "baby bar" be administered at the end of the first year, with only roughly half passing into second year and the rest awarded a master's degree in American Law, which will become a credential to become an LLLT, the expansion of which will help address the critical justice gap that we currently have in the legal system.

A former public defender testifies to the vivid human suffering at the heart of America's criminal justice system.   As a public defender, Allen Goodman faced cross-examination from family and friends every day: How could he work to help criminals? How could he live with himself? Presumed guilty by association, Goodman quickly learned that people didn't really want an answer; they wanted a justification, perhaps even an apology. Ever the idealist, Goodman answered anyway: Everyone deserves justice. Everyone against Us is Goodman's testimony of his life as a public defender. In it, he documents his efforts to defend clients, both guilty and innocent, against routine police abuse, prosecutorial misconduct, and unjust sentencing.

Introduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults.   Today, about half of all adults are unmarried. Many of those are in significant relationships--some intimate, others based in friendship, finances, or family ties--but the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future.   With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short.

Examines the patchwork evolution of school desegregation policy. In 1954, the Supreme Court delivered the landmark decision of Brown v. Board of Education--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a framework for evaluating competing interpretations. In The Crucible of Desegregation, R. Shep Melnick examines the evolution of federal school desegregation policy from 1954 through the termination of desegregation orders in the first decades of the twenty-first century, combining legal analysis with a focus on institutional relations, particularly the interactions between federal judges and administrators.

Lawrence Goldstone's Not White Enough is a comprehensive examination of a century of bigotry against Chinese and Japanese Americans that culminated in the infamous Supreme Court decision Korematsu v. United States: the landmark ruling that upheld the illegal imprisonment of more than 100,000 innocent men, women, and children who were falsely accused of endangering national security during World War II. This book is the first to trace the full arc of prejudice against Asian Americans that made internment inevitable and serves as a legal and political history of anti-Asian racism, beginning with the California gold rush and ending with the infamous Korematsu decision.

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. The book examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffrey Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s.

Through an analysis of the use of drones, Rebecca Mignot-Mahdavi explores the ways in which, in the context of counterterrorism, war, technology and the law interact and reshape one another. She demonstrates that drone programs are techno-legal machineries that facilitate and accelerate the emergence of a new kind of warfare. This new model of warfare is individualized and de-materialized in the sense that it focuses on threat anticipation and thus consists in identifying dangerous figures (individualized warfare) rather than responding to acts of hostilities (material warfare). Revolving around threat anticipation, drone wars endure over an extensive timeframe and geographical area, to the extent that the use of drones may even be seen, as appears to be the case for the United States, as part of the normal functioning of the state, with profound consequences for the international legal order.

Danielle Sered, the executive director of Common Justice and renowned expert on violence, offers pragmatic solutions that take the place of prison, meeting the needs of survivors and creating pathways for people who have committed violence to repair harm. Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy. Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses.

"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle.

More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship - too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different - it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating.

This book examines the ever-increasing impact of technology on our lives and explores a range of legal and constitutional questions that this raises. It considers the extent to which concepts such as 'cyberspace' and 'digital rights' advance or undermine our understanding of this development and proposes a number of novel approaches to the effective protection of our rights in this rapidly evolving environment. Finally, it shows how the abuse of the adjective digital has demoted legal rights into subjective and individual claims. The work will be of particular interest to scholars of privacy, artificial intelligence, free speech, as well as policymakers and the general reader.

The protection of fundamental rights in the digital age is increasingly at the core of Internet law. The massive spread of digital and algorithmic technologies is raising questions that are intimately constitutional. Rights and freedoms are exposed to the opportunities and challenges of digital technologies, thus leading to different constitutional reactions.

Magna Carta is among the most famous documents in the history of the world, credited with being the first effective check in writing on arbitrary, oppressive, and unjust rule-- in a word, on tyranny. The fame of Magna Carta spread as England, and later Britain, came to girdle the globe in its power. This volume is the first to examine the importance of Ireland in the story of Magna Carta's dissemination. Four centuries before Magna Carta crossed the Atlantic, it had already been implanted across the Irish Sea.

Institutional Credit Marketsprovides a framework for understanding the institutional funding markets that undergird the U.S. credit system. It traces the evolution of the depository bank model, its non-bank competitors, and the financial conglomerates that span credit and capital markets. As securitization introduced structured credit products that rezoned credit markets, federal reforms let banks venture into a wider range of financial services. After the Global Financial Crisis revealed cracks in the system, lawmakers affirmed pre-crisis products and business models while adding some guardrails. The post-crisis scheme subjected large financial conglomerates to enhanced supervision while adjusting the structure of banks by making them more liquid and stable.

Of the first-year subjects, Civil Procedure is the most foreign to students' experience. This book unlocks Civil Procedure by explaining doctrine and rules and placing them in context - showing what each doctrine is doing and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.

Through the lens of her work with the Innocence Movement and her client Leigh Stubbs--a woman denied a fair trial in 2000 largely due to her sexual orientation - innocence litigator, activist, and founder of the West Virginia Innocence Project Valena Beety examines the failures in America's criminal legal system and the reforms necessary to eliminate wrongful convictions--particularly with regards to women, the queer community, and people of color.

While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it.