New Library Acquisitions: July 2014
Biddle acquired a number of interesting and informative titles in June 2014, including the following. For a complete list of new acquisitions, see here.
Abigail Perdue and Randall Lockwood, Animal Cruelty and Freedom of Speech: When Worlds Collide (Purdue University Press, 2014).
“A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile ‘crush video’ case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. The Stevens case included various ‘hot topic’ elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting.
Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come.”
Megan Ming Francis, Civil Rights and the Making of the Modern American State (Cambridge University Press, 2014)
“Did the civil rights movement impact the development of the American state? Despite extensive accounts of civil rights mobilization and narratives of state building, there has been surprisingly little research that explicitly examines the importance and consequence that civil rights activism has had for the process of state building in American political and constitutional development.
Through a sweeping archival analysis of the NAACP’s battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, and secured the support of Congress.”
Todd S. Purdum, An Idea Whose Time Has Come: Two Presidents, Two Parties, and the Battle for the Civil Rights Act of 1964 (Henry Holt and Company, 2014).
“It was a turbulent time in America—a time of sit-ins, freedom rides, a March on Washington and a governor standing in the schoolhouse door—when John F. Kennedy sent Congress a bill to bar racial discrimination in employment, education, and public accommodations. Countless civil rights measures had died on Capitol Hill in the past. But this one was different because, as one influential senator put it, it was ‘an idea whose time has come.’
In a powerful narrative layered with revealing detail, Todd S. Purdum tells the story of the Civil Rights Act of 1964, recreating the legislative maneuvering and the larger-than-life characters who made its passage possible.”
Lawrence W. Newman and Michael J. Radine eds., Soft Law in International Arbitration (Juris Publishing, 2014)
“In recent years, a growing body of provisions called ‘protocols,’ ‘guidelines,’ ‘checklists’ or even ‘rules’ has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not ‘mandatory’ for arbitration participants. They range from provisions that can be incorporated into the parties’ agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as ‘soft law.’
Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank.”
Symeon C. Symeonides, Codifying Choice of Law Around the World: An International Comparative Analysis (Oxford University Press, 2014).
“Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions—more than in all preceding years since the inception of PrIL.
This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general.”
Rochelle Dreyfuss and Cesar Rodriguez-Garavito eds., Balancing Wealth and Health: The Battle Over Intellectual Property and Access to Medicines in Latin America (Oxford University Press, 2014).
“This book focuses on the debates concerning aspects of intellectual property law that bear on access to medicines in a set of developing countries. Specifically, the chapters look at measures that regulate the acquisition, recognition, and use of patent rights on pharmaceuticals and trade secrets in data concerning them, along with the conditions under which these rights expire so as to permit the production of cheaper generic drugs. In addition, the book includes commentary from scholars in human rights, international institutions, and transnational activism.
The case studies presented from eleven Latin American countries have many commonalities in terms of economics, legal systems, and political histories, and yet they differ in the balance each has struck between proprietary interests and access concerns. The book documents this cross-country variation in legal norms and practice, identifies the factors that have led to differences in result, and theorizes as to how differentials among these countries occur and why they endure within a common transnational regulatory regime. The work concludes by putting the results of the investigations into a global administrative law frame and offers suggestions on institutional mechanisms for considering the trade-offs between health and wealth.”