Recent Additions to the Jerome Hall Law Library: Current

This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases.

CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF. Those words, scratched on parchment in 1789, open the U.S. Constitution's First Amendment. From them, countless interpretations have been drawn. As a consequence, an astonishing variety of activities in modern America-prayer after football games, Bible reading in classrooms, company healthcare policies, the baking of wedding cakes, and Ten Commandment displays around courthouses-have been alternately authorized, prohibited, or modified. In this compelling historical account, Chris Beneke explains how the religion clauses came into existence and how they were woven into American culture.

This book proposes a regulatory system for ensuring that AI makes fair decisions. No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve.

A book that takes you inside the culture of surveillance that pits healthcare providers against their patients Doctors and pharmacists make critical decisions every day about whether to dispense opioids that alleviate pain but fuel addiction. Faced with a drug crisis that has already claimed more than a million lives, legislatures, courts, and policymakers have enlisted the help of technology in the hopes of curtailing prescriptions and preventing deaths. This book reveals how this "Trojan horse" technology embeds the logics of surveillance in the practice of medicine, forcing care providers to police their patients while undermining public trust and doing untold damage to those at risk.

Today, a scourge of religious persecution is impacting every faith community around the globe. In Ending Persecution: Charting the Path to Global Religious Freedom, author H. Knox Thames takes readers to some of the world's most repressive countries in the Middle East and Asia, exposing the harsh reality of religious repression. Thames breaks down the devastating litany of human rights abuses faced by religious groups in these countries into four major types of persecution: terrorism in the Middle East, government-sponsored genocides in China and Burma, cultural changes due to extremism in Pakistan, and tyrannical democracy in Nepal and India.

Fully revised and updated to cover relevant case law and fast-moving developments in both domestic and international spheres, the book's wide-ranging coverage of topics includes: examination of sector specific initiatives; expanded coverage of the FCPA; civil and criminal mechanisms for recovering the proceeds of corruption; and new material on setting standards in the public and private sector.

This explosive investigation reveals the profound failures of the Title IX system and identifies concrete, surprisingly simple steps we can take to protect students.   The debate over campus sexual violence is more heated than ever, but hardly anyone knows what actually happens inside Title IX offices. On the Wrong Side provides the first comprehensive account of the inner workings of the secretive Title IX system. Drawing on a yearlong study of survivors, perpetrators, and the administrators who oversaw their cases, sociologist Nicole Bedera exposes the structures that predictably punish survivors who come forward in the service of protecting--or even rewarding--their perpetrators.

Human rights movements and organizations all over the world cite the pursuit and preservation of dignity as one of their goals, but the legal implications of this term are highly contested. In Dignity and Judicial Authority, Rachel Bayefsky offers a theory of dignity that emphasizes respect for status, non-domination, and control over self-presentation to others. The book explains how US courts can recognize the loss of dignity as a legally actionable harm and provide remedies for this harm. In applying these ideas, the book explores a host of corresponding legal topics, including constitutional standing doctrine, the "dignitary torts," and court-mandated apologies. It demonstrates the connections between dignity and subjects such as jurisdiction and remedies, which help to delineate the bounds of judicial authority.

How Jefferson and Madison ensured religious freedom in the United States Thomas Jefferson considered the establishment of religious freedom as a governing principle in the United States to be one of the great accomplishments of his life. It was not his accomplishment alone, however, but the result of sustained cooperation with the "father of the Constitution," James Madison. The Grand Collaboration is the first comprehensive study of Jefferson and Madison's mutual endeavor to ensure free inquiry, freedom of conscience, and the separation of church and state, examining their fifty-year partnership beginning with the Virginia Declaration of Rights and culminating with the founding of the University of Virginia as the nation's first truly secular institution of higher education.

Providing a panoramic overview of the field, this Handbook examines the intellectual property (IP) rights that protect artistic and inventive works, demonstrating that innovation and creativity require appropriate practical institutions alongside imagination and inspiration. Advancing key debates in the field, it identifies important reforms and mechanisms to improve IP systems for both the creators and users of protected works. Chapters cover key forms of IP, including patents, trademarks, copyrights, trade secrecy, open innovation and traditional knowledge. Adopting a global perspective, the Handbook reviews international, regional and multilateral IP agreements alongside country-specific case studies.

This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law. Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences - the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions.

A New York Times Book Review Editors' Choice A New Yorker Best Book of 2024 So Far A fascinating and original history of an idea that now controls and monetizes almost everything we do. Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs.

The Constitution has become a threat to American democracy. Due to its inherent flaws--its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court--Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold. Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so.

As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages 'space as a driver of sustainable development' and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties.

How Big Tech is taking advantage of us, how AI is making it worse, and how we can create a thriving, AI-positive world. On balance, will AI help humanity or harm it? AI could revolutionize science, medicine, and technology, and deliver us a world of abundance and better health. Or it could be a disaster, leading to the downfall of democracy, or even our extinction. In Taming Silicon Valley, Gary Marcus, one of the most trusted voices in AI, explains that we still have a choice. And that the decisions we make now about AI will shape our next century.

Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda recasts cultural heritage law, emphasising the importance of developing rigorous and socially engaged scholarly research in the field. It analyses tensions and methodologies, using the return of colonial cultural objects as a key case study. Building on empirical insights as well as current legal scholarship, this book challenges assumptions about the role of cultural heritage law.

A vital reader on ending mass incarceration featuring advocates, experts, and formerly incarcerated people. In recent years, a searching national conversation has called attention to the social and racial injustices that define America's criminal system. But despite growing movements for change, the vast machinery of the carceral state remains very much intact. How can its damage and depredations be undone?

A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent.

An authoritative guide to what is needed for AI governance and regulation from expert authors internationally involved in the practical world of AI. This book tackles the question of why AI is a distinct challenge from other technologies and how we should seek to implement innovation-friendly approaches to regulation. It sets out many of the risks to be considered, why regulation is needed, and the form this should take to promote international convergence on AI governance and the responsible deployment of AI.

A comprehensive, up-to-date reference for higher education law faculty, administrators, counsel, and students This revised 7th Edition of The Law of Higher Education: Essentials for Legal and Administrative Practice offers updated information, analysis, and practical suggestions on a full range of legal issues pertinent to both public and private institutions. As a guide for coursework in programs preparing higher education lawyers and administrators for leadership roles, and as a reference for professionals in those fields, this book is essential for both students and practitioners.

This book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.

This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property. The Research Handbook on Intellectual Property Rights and Inclusivitybrings together a carefully selected array of international experts to explore the significant challenges faced when fostering equal treatment for individuals and organisations, including freedom of expression disputes and potential difficulties when providing smaller platforms with market access.

A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases. Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law. In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors.

The Research Handbook on Warfare and Artificial Intelligenceprovides a multi-disciplinary exploration of the urgent issues emerging from the increasing use of AI-supported technologies in military operations. Bringing together scholarship from leading experts in the fields of technology and security from across the globe, it sheds light on the wide spectrum of existing and prospective cases of AI in armed conflict. Providing critical perspectives on the future of AI and warfare, this Research Handbook advances important debates surrounding technology and its strategic and humanitarian implications.

This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition.

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority   "What are the chances that, in 2024, a new book could fundamentally reorient how we understand America's founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp's book comes as a thunderclap."--Cass Sunstein, Washington Post   Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past.

This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the United States passed laws that would recognise the claims of US corporations to own and sell space resources.

This companion volume to Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom features new essays, case studies, and bibliographies for law faculty seeking to bring critical perspectives on equity, inclusion, and social justice into their teaching in upper-level courses. Chapters focus on subjects traditionally tested on the bar exam, including evidence, criminal procedure, and family law, as well as professional responsibility.

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

A highly topical manifesto about what it means to be human in the age of AI by a leading barrister. No longer an uncertain technology of the distant future, artificial intelligence is starting to shape every aspect of our daily lives, from how we think to who we love. In this urgent polemic, leading barrister Susie Alegre explores the ways in which artificial intelligence threatens our fundamental human rights - including the rights to life, liberty and fair trial; the right to private and family life; and the right to free expression - and how we protect those rights. Touching on the many profound ethical dilemmas posed by emerging technologies, and full of fascinating case studies, Human Rights, Robot Wrongs is a rallying cry for humanity in the age of AI.