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New Biddle Acquisitions

February 25, 2015

Some of the new titles acquired by Biddle Law Library in the past month!

Biddle acquired a number of interesting and informative titles in the past month, including the following. For a complete list of new acquisitions, see here.

 

Access to Justice in Iran: Women, Perceptions, and Reality.

By Sahar Maranlou.
New York: Cambridge University Press, 2015.
KMH517.5 .M37 2015.

Click here to view the Full Catalog Record

“This book offers a critical and in-depth analysis of access to justice from international and Islamic perspectives. Existing Western models have highlighted the mechanisms by which individuals can access justice; however, access to justice incorporates various conceptions of justice and of the users of justice. This book evaluates the historical development of the justice sector in Iran and discusses various issues, such as the performance of the justice sector, judicial independence, efficiency and accessibility, normative protection, together with an analysis of barriers. It explores the legal empowerment of users, with a specific focus on women, and presents the findings of a survey study on the perceptions of Iranian women. This study is designed to focus on women’s basic legal knowledge, their familiarity with legal procedure, their perceptions of cultural barriers, the issues that influence their preference for mechanisms of formal or alternative dispute solutions, and their level of satisfaction with their chosen courses of action.”

 

Routledge Handbook of Transnational Criminal Law. [electronic resource]

Edited by Neil Boister and Robert J. Currie.
Abingson, Oxon; New York, NY Routledge Taylor & Francis Group 2015.

Click here to view ebook.

Click here to view the Full Catalog Record.

“Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal.

The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law.” 

 

Regulating Lifestyle Risks: The EU, Alcohol, Tobacco and Unhealthy Diets.

Edited by Alberto Alemanno and Amandine Garde.
Cambridge, United Kingdom: Cambridge University Press, 2014.
KJE6172 .R44 2014.

Click here to view the Full Catalog Record

“This collection of essays looks at the role the European Union could and should play in promoting healthier lifestyle, in light of the moral, philosophical, legal and political challenges associated with the regulation of individual choices.

By tackling the main non-communicable diseases (NCD) risk factors (tobacco consumption, harmful use of alcohol, unhealthy diets and lack of physical activity), the contributors endeavour to identify common themes and determine whether and, if so, to what extent the lessons learned in relation to each area of EU intervention could be transposed to the others.

By focusing on the European Union legal order, the book highlights both the opportunities that legal instruments offer for NCD prevention and control agenda in Europe, as well as the constraints that the law imposes on policy-makers.” 

 

The Culture of Judicial Independence: Rule of Law and World Peace. [electronic resource] 

Edited by Shimon Shetreet.
Leiden, The Netherlands; Boston: Brill Nijhoff, 2014.

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Click here to view the Full Catalog Record.

“This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.”

 

The View from the Bench and Chambers Examining Judicial Process and Decision Making on the U.S. Courts of Appeals Jennifer Barnes Bowie, Donald R. Songer, and John Szmer.

Charlottesville: University of Virginia Press, 2014.

KF8750 .B69 2014.

Click here to view the Full Catalog Record

“For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system.

At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.”

 

Approaching the U.S. Constitution: Sacred Covenant or Plaything for Lawyers and Judges.

Kerry L. Hunter. 

Lanham, Maryland: Lexington Books, 2014.

KF4550 .H86 2014.

Click here to view the Full Catalog Record.

“By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America’s legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation’s collective conscience. For Hamilton, the judiciary’s authority over the legislature does not derive from positive law but is extra-legal by ‘design’ and is purely moral.


By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the ‘rule of law’ is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society’s ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. ‘Conservatives’ lament the ‘removing God from the classroom,’ by ‘liberals,’ yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether.

The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court’s most important function in exercising the power of judicial review is to serve as the nation’s conscience just as it did in Brown v. Board of Education.”                                

 

Regulating Desire: From the Virtuous Maiden to the Purity Princess

J. Shoshanna Ehrlich.

Albany: State University of New York Press, 2014. 
HQ29 .E355 2014.

Click here to view the Full Catalog Record.

Examines the organized  efforts to reshape the law relating to young women’s sexuality in the United  States.

Starting with the mid-nineteenth-century campaign by the American Female Moral Reform Society to criminalize seduction and moving forward to the late twentieth-century conservative effort to codify a national abstinence-only education policy, Regulating Desire explores the legal regulation of young women’s sexuality in the United States. The book covers five distinct time periods in  which changing social conditions generated considerable public anxiety about youthful female sexuality and examines how successive generations of reformers sought to revise the law in an effort to manage unruly desires and restore a  gendered social order. J. Shoshanna Ehrlich draws upon a rich array of primary source materials, including reform periodicals, court cases, legislative  hearing records, and abstinence curricula to create an interdisciplinary narrative of socially embedded legal change. Capturing the complex and dynamic nature of the relationship between the state and the sexualized youthful female body, she highlights how the law both embodies and shapes gendered understandings of normative desire as mediated by considerations of race and class.”