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New Biddle Acquisitions

April 27, 2015

New titles acquired by Biddle 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.

 

Asian Courts in Context.

Ed. by Jiunn-Rong Yeh and Wen-Chen Chang. 
Cambridge, United Kingdom: Cambridge University Press, 2015. 
Click here to view ebook. 

Click here to view the Full Catalog Record

 

“The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam.

Setting the courts of each region in the context of their country’s economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.”

 

Codifying Contract Law: International and Consumer Law Perspectives.

Ed. by Mary Keyes, Therese Wilson. 
Farnham, Surrey, England; Burlington, VT: Ashgate, [2014]. 
Click here to view ebook. 

Click here to view the Full Catalog Record

“Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law.

With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms.”

 

Fair and Just Solutions?: Alternatives to Litigation in Nazi-Looted Art Disputes: Status Quo and New Developments.

Ed. by Evelien Campfens.  
The Hague: Eleven International Publishing, 2015.
K3791.A6 F35 2015.

Click here to view the Full Catalog Record.

“The title of this book, Fair and Just Solutions?, refers to the norm for the assessment of ownership claims to Nazi-looted art as codified in the so-called Washington Principles in 1998: 

If the pre-War owners of art that is found to have been confiscated by the Nazis and not subsequently restituted, or their heirs, can be identified, steps should be taken expeditiously to achieve a just and fair solution, recognizing this may vary according to the facts and circumstances surrounding a specific case.

The question mark in the title is a reference to the lack of clarity surrounding this norm. What is ‘fair and just’?

This publication aims to evaluate the status quo in the field of non-governmental restitution claims to Nazi-looted art. In addition, through contributions by leading experts and a discussion amongst stakeholders, it explores a way to move forward.”

 

Research Handbook on the Law of Treaties.

Ed. by Christian J. Tams, Antonios Tzanakopoulos, and Andreas Zimmermann. 

Cheltenham, UK; Northampton, MA, USA: Edward Elgar, [2014]. 
KZ1301 .R47 2014.

Click here to view the Full Catalog Record

“Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and uniformity vs specialisation, to name a few. It seeks to define and re-define the dimensions in which Treaty law operates, tracing its fault-lines and the challenges it faces, such as breaches, regime-collisions, state succession and armed conflict. Representing a broad range of jurisdictional and ideological perspectives, the Research Handbook provides a diverse and stimulating approach to international treaties.”

 

How policy shapes politics: rights, courts, litigation, and the  struggle over injury compensation

Jeb Barnes and Thomas F. Burke.

Oxford, UK; New York, NY: Oxford University Press, 2015.

KF1250 .B37 2015.

Click here to view the Full Catalog Record.

 

“Synthesizes and critiques many scattered writings on the consequences of growing ‘judicialization,’  ‘juridification.’  ‘legalization.’  ‘juristocracy’ etc.

  • Challenges much of the conventional wisdom about the political costs of using litigation, including many prominent claims made by political scientists, journalists and law professors about how litigation affects politics
  • Introduces a ‘comparative developmental’ approach to analyzing claims about the effects of litigation on politics and show why this approach improves on the methods researchers in this field typically use

Uses original data drawn from 40 years of congressional hearings on injury compensation policies and three in-depth histories long-running political struggles over injury compensation”

 

Reimagining courts: a design for the twenty-first century.

Victor E. Flango and Thomas M. Clarke.

Philadelphia, Pennsylvania: Temple University Press, 2015. 
KF8720 .F57 2015.

Click here to view the Full Catalog Record.

 

“In their timely and topical book, Reimagining Courts, Victor Flango and Thomas Clarke argue that courts are a victim of their own success. Disputes that once were resolved either informally in the family or within the community are now handled mainly by courts, which strains government agency resources. The authors offer provocative suggestions for a thorough overhaul of American state and local courts, one that better fits the needs of a twenty-first century legal system. 

Reimagining Courts recommends a triage process based upon case characteristics, litigant goals, and resolution processes. Courts must fundamentally reorganize their business processes around the concept of the litigant as a customer.  Each adjudication process that the authors propose requires a different case management process and different amounts of judicial, staff, and facility resources.  

Reimagining Courts should spark much-needed debate. This book will be of significant interest to lawyers, judges, and professionals in the court system as well as to scholars in public administration and political science.”

 

The First Amendment bubble: how privacy and paparazzi threaten a free press

Amy Gajda. 

Cambridge, Massachusetts; London, England: Harvard University Press, 2015. 

KF4774 .G35 2015.

Click here to view the Full Catalog Record.

 

“In determining the news that’s fit to print, U.S. courts have traditionally declined to second-guess professional journalists. But in an age when news, entertainment, and new media outlets are constantly pushing the envelope of acceptable content, the consensus over press freedoms is eroding. The First Amendment Bubble examines how unbridled media are endangering the constitutional privileges journalists gained in the past century.

For decades, judges have generally affirmed that individual privacy takes a back seat to the public’s right to know. But the growth of the Internet and the resulting market pressures on traditional journalism have made it ever harder to distinguish public from private, news from titillation, journalists from provocateurs. Is a television program that outs criminals or a website that posts salacious videos entitled to First Amendment protections based on newsworthiness?  U.S. courts are increasingly inclined to answer no, demonstrating new resolve in protecting individuals from invasive media scrutiny and enforcing their own sense of the proper boundaries of news.

This judicial backlash now extends beyond ethically dubious purveyors of infotainment, to mainstream journalists, who are seeing their ability to investigate crime and corruption curtailed. Yet many—heedless of judicial demands for accountability—continue to push for ever broader constitutional privileges. In so doing, Amy Gajda warns, they may be creating a First Amendment bubble that will rupture in the courts, with disastrous consequences for conventional news.”