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New Biddle Acquisitions

May 18, 2015

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.

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.


Mergers, Merger Control, and Remedies: A Retrospective Analysis of U.S. Policy

John Kwoka; with contributions by Daniel Greenfield and Chengyan Gu. 

Cambridge Massachusetts: The MIT Press, 2015.

HD2746.5 .K88 2015.

Click here to view the Full Catalog Record.

“In recent decades, antitrust investigations and cases targeting mergers—including those involving Google, Ticketmaster, and much of the domestic airline industry—have reshaped industries and changed business practices profoundly.   And yet there has been a relative dearth of detailed evaluations of the effects of mergers and the effectiveness of merger policy.   In this book, John Kwoka, a noted authority on industrial organization, examines all reliable empirical studies of the effect of specific mergers and develops entirely new information about the policies and remedies of antitrust agencies regarding these mergers.   Combined with data on outcomes, this policy information enables analysis of, and creates new insights into, mergers, merger policies, and the effectiveness of remedies in preventing anticompetitive outcomes.

After an overview of mergers, merger policy, and a common approach to merger analysis, Kwoka offers a detailed analysis of the studied mergers, relevant policies, and chosen remedies. Kwoka finds, first and foremost, that most of the studied mergers resulted in competitive harm, usually in the form of higher product prices but also with respect to various non-price outcomes.   Other important findings include the fact that joint ventures and code sharing arrangements do not result in such harm and that policies intended to remedy mergers—especially conduct remedies—are not generally effective in restraining price increases.   The book’s uniquely comprehensive analysis advances our understanding of merger decisions and policies, suggests policy improvements for competition agencies and remedies, and points the way to future research.”


Cultures of Copyright 

Dànielle Nicole DeVoss & Martine Courant Rife, Editors. 

New York: Peter Lang, [2015].

KF2996 .C85 2015. 

Click here to view the Full Catalog Record.

“The symbols, signs, and traces of copyright and related intellectual property laws that appear on everyday texts, objects, and artifacts have multiplied exponentially over the past 15 years.   Digital spaces have revolutionized access to content and transformed the ways in which content is porous and malleable.  In this volume, contributors focus on copyright as it relates to culture.  The editors argue that what counts as property must be understood as shifting terrain deeply influenced by historical, economic, cultural, religious, and digital perspectives.   Key themes addressed include issues of how:

  • Culture is framed, defined, and/or identified in conversations about intellectual property;
  • The humanities and other related disciplines are implicated in intellectual property issues;
  • The humanities will continue to rub up against copyright (e.g., issues of authorship, authorial agency, ownership of texts);
  • Different cultures and bodies of literature approach intellectual property, and how competing dynasties and marginalized voices exist beyond the dominant U.S. copyright paradigm.

Offering a transnational and interdisciplinary perspective, Cultures of Copyright offers readers – scholars, researchers, practitioners, theorists, and others – key considerations to contemplate in terms of how we understand copyright’s past and how we chart its futures.”


In Defense of Uncle Tom: Why Blacks Must Police Racial Loyalty 

Brando Simeo Starkey

New York, NY: Cambridge University Press, 2015.

KF4757 .S725 2015.

Click here to view the Full Catalog Record.

“Uncle Tom” is the most piercing epithet blacks can hurl at one another.  It marks targets as race traitors, and that painful stain is often permanent.   Much more than a slur, Uncle Tom is a vital component of a system of social norms in the black community that deters treachery.   In this book, Brando Simeo Starkey provocatively argues that blacks must police racial loyalty and that those successfully prosecuted must be punished with the label Uncle Tom.   This book shadows Uncle Tom throughout history to understand how these norms were constructed, disseminated, applied, and enforced. Why were Martin Luther King Jr., Marcus Garvey, Muhammad Ali, Jackie Robinson, Thurgood Marshall, and others accused of racial betrayal?     In Defense of Uncle Tom answers this and other questions and insists that Uncle Tom is too valuable to discard. Because it deters treachery, this epithet helps build black solidarity, a golden tool in promoting racial progress.”


Speech Matters: On Lying, Morality, and the Law 

Seana Valentine Shiffrin

Princeton: Princeton University Press, [2014].

BJ1421 .S554 2014.

Click here to view the Full Catalog Record.

“To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other.    We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech.    This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.

Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the ‘murderer at the door,’ that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects.

Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends.   But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.”


Public Purpose in International Law: Rethinking Regulatory Sovereignty in the
Global Era

Pedro J. Martinez-Fraga & C. Ryan Reetz

New York, NY, USA: Cambridge University Press, 2015.

KZ1256 .M37 2014.

Click here to view the Full Catalog Record.

“This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment.    The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states.    It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.”


Disabled Justice? Access to Justice and the UN Convention on the Rights of Persons with Disabilities

Eilionóir Flynn

Farnham, Surrey, England; Burlington, VT, USA: Ashgate, [2015].

K637 K637 .F57 2015 .F57 2015.

Click here to view the Full Catalog Record

“Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole.  This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process.  It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror.   More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities.

The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries.   The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.”


Private International Law and Global Governance 

Horatia Muir Watt & Diego P. Fernandez Arroyo, Editors

Oxford: Oxford University Press, 2014.

K7040 K7040 .P75 2014 .P75 2014.

Click here to view the Full Catalog Record.

“Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law.   Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority.   However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state.    As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit.    Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion.   This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws.   The crucial issue now is whether private international law can, or indeed should, survive as a discipline.

This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible.   This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields.   It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state.   To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.”