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From: The Law and Politics Book Review As a service to subscribers, the REVIEW provides this brief summary of the contents of recent reference works, anthologies of previously published materials, textbooks and collected readings designed for students, casebooks designed for undergraduate and law school use, later editions of books previously reviewed in this journal, and other specialized publications. Unless noted, the comments are taken from the book’s jacket cover or the publisher’s webpage. |
| In this issue, books from: Blackwell Publishing Cambridge University Press Carolina Academic Press Da Capo Press Greenwood Press Hart Publishing Irwin Law, Inc. Kent State University Press McGraw Hill Morgan James Publishing New York University Press Oxford University Press Pearson Longman Prentice-Hall Routledge Temple University Press University of California Press University of North Carolina Press Willan Publishing
Blackwell Publishing Bob Brecher. Torture and the Ticking Bomb. Blackwell Publishing, 2007. $18.00 ISBN: 978-1-4051-6202-9 This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. [*532]
Thom Brooks. The Global Justice Reader. Blackwell publishing, 2008. $55.00 ISBN: 978-1-4051-6964-6 “The Global Justice reader is an important work of our time. It means that we can chart the development of the idea of justice in terms of the themes that occupy our world today. This book is a great idea about a great idea.” “Thom Brooks’ The Global Justice Reader fills an urgent need for those who teach the philosophical dimensions of global issues, and their students. Brooks has pulled together an interesting and provocative set of articles, many of them classics in their fields. This book will set the benchmark against which others will be judged.” “This is both the broadest and the deepest selection of texts on morality beyond borders. Those looking for sharp analyses of crucial issues in global justice will find this collection clearly the best choice.” William A. Schabas. The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierre Leone. Cambridge University Press, 2006. $75.00 ISBN: 978-0-521-60908-9.
Mark Sagoff. The Economy of the Earth Philosophy, Law and the Environment. Cambridge University Press, 2007. $27.99 ISBN: 978-0-521-68713-3 Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique ‘preference’ and ‘willingness to pay’ as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment. • A complete, thorough, and comprehensive revision of the 1st Edition • The best critique available of ‘preference’ and ‘willingness to pay’ as norms or criteria for environmental valuation • Provocative, constructive, and original analysis of debates over consumption, the role of science, and the concept of place in environmental ethics and policy John W. Head. General Principles of Business and Economic Law: An Introduction to Contemporary Legal Principles Governing Private and Public Economic Activity at the National and Supranational Levels. Carolina Academic Press, 2008. $25.00 ISBN: 978-1-59460-419-5 This book offers a brisk survey of the relationship between law and economic activity. Head provides a condensed overview of “business and economic law”—that is, the network of norms governing business organizations, commercial sales, banking, insurance, employment, business competition, intellectual property rights, environmental protection, bankruptcy, accounting, tax, and more—that is sophisticated but [*534] straightforward enough to be understood by non-experts. Naturally, the detailed rules on these topics vary from one country to another. Despite this diversity, certain basic concepts of business and economic law do hold true in most countries. This book identifies and explains those general principles, and it does so in a lively narrative with helpful illustrations and references to further reading.
Stephen C. Thaman. Comparative Criminal Procedure: A Case Approach, 2nd Edition. Carolina Academic Press, 2008. $32.00 ISBN: 978-1-59460-500-0. As in the first edition, Thaman presents a topical approach to the subject, focusing on the roles of public prosecutors, police, victims, and defense attorneys in the investigation of criminal cases and trials up through the judgment phase. Thaman uses high court jurisprudence in English translation to elucidate the European approach to important, and often controversial, areas of criminal procedure, and he also links criminal procedure with its roots in substantive criminal law. Thaman looks at the early reactions to crimes committed flagrantly or in secret as the historical roots of modern criminal procedure. The approaches of the old inquisitorial system and the use of torture to solve circumstantial evidence crimes are also presented. The Second Edition retains the basic content and organization of the original edition. It updates the citations to U.S. Supreme Court cases and to important literature which has appeared in the last six years and refers to some new important cases, primarily in footnotes. Stylistic improvements in the text and the translations have been made and glossary entries (including some Russian terms) have been added.
Arthur Mark Weisburd. Comparative Human Rights Law, Vol. 1: Expression, Association, Religion. Carolina Academic Press, 2008. $27.00 ISBN: 978-1-59460-199-6. This book is intended to provide students with some understanding of the variety of approaches to human rights taken by a selection of the world’s legal systems. By including cases from both the United States and the European human rights system, the book should enable students to consider differences between legal systems deriving from a more or less common tradition. Japanese cases offer a view of the legal system of a developed, non-Western country, and Indian cases give an idea of the approach taken by a developing country with a legal system greatly influenced by that of a former colonial power but also by its own tradition. The book includes a brief introduction intended to give the student some understanding of the structures of the Japanese, European, and Indian systems. The topics addressed in this book were selected as being among the most basic personal rights a legal system could address. How far persons may go in criticizing the [*535] government, the extent to which the law protects the right to form groups for whatever purposes members may deem appropriate, and the extent to which the government seeks to control religion are all fundamental measures of the scope of personal freedom individuals enjoy. Students accustomed to American approaches to these issues will probably be surprised at the differences in assumptions in different systems regarding, for example, the circumstances in which human rights concepts do, or do not, limit the an individual’s ability to obtain damages for an alleged defamation. This book can be a useful element in any course aimed at acquainting students with the range of disagreement among different societies as to just what the idea of “rights” means in practice.
Arthur Mark Weisburd. Comparative Human Rights Law, Vol. 2: Detention, Prosecution, Capital Punishment. Carolina Academic Press, 2008. $27.00 ISBN: 978-1-59460-441-6. This book is intended to provide students with some understanding of the variety of approaches to human rights taken by a selection of the world’s legal systems. By including cases from both the United States and the European human rights system, the book should enable students to consider differences between legal systems deriving from a more or less common tradition. Japanese cases offer a view of the legal system of a developed, non-Western country, and Indian cases give an idea of the approach taken by a developing country with a legal system greatly influenced by that of a former colonial power but also by its own tradition. The book includes a brief introduction intended to give the student some understanding of the structures of the Japanese, European, and Indian systems. The topics addressed in this book go to the heart of an issue basic to any idea of rights - the limits of the government’s ability to coerce or punish individuals. The scope of the writ of habeas corpus, providing a means to force government to justify its confinement of a person, is some indication of a given society’s willingness to control law enforcement discretion even in trying circumstances. Limits on the methods government may use in investigating crimes and trying alleged offenders similarly demonstrate the way in which a society balances its desire to punish the guilty with its understanding that unrestrained powers of criminal inquiry may pose dangers as great as those posed by crime. The materials on capital punishment offer students a chance to consider the ways in which social values can differ regarding a crucial indicator of the community’s understanding of the extent of its right to control the individual. This book could be useful in any course aimed at getting students to examine the values a criminal justice system embodies. [*536]
Alain A. Levasseur. Comparative Law of Contracts. Carolina Academic Press, 2008. $32.00 ISBN: 978-1-59460-198-9. This short book on such a broad topic attempts to illustrate the point made by Professor V. G. Curran that difficulties in transmitting concepts across cultural-linguistic differences can be remedied by taking a cultural immersion approach for effective comparative legal analysis. (Comparative Law, CAP). This book is divided into topics most illustrative of a trans-systemic approach and begins with the History and Foundations of Contract (Part I), with an emphasis on the notion of contract and those elements of a contract considered essential to its formation. The Execution of Contracts (Part II) reflects the impact of the different cultural contexts on the nature and extent of the performance of their obligations by parties to a contract. Randall S. Abate. Directory of Environmental Law Education Opportunities at American Law Schools. Carolina Academic Press, 2008. $35.00 ISBN: 978-1-59460-476-8. The directory summarizes opportunities in “environmental law” education at American law schools. The term “environmental law” typically embraces pollution control law (e.g., air, water, and hazardous waste), which falls within the scope of the U.S. Environmental Protection Agency’s (EPA’s) regulatory power. As used in this book, however, “environmental law” also encompasses areas outside of the EPA’s regulatory domain, such as natural resources law, energy law, and land use law. This book is an essential resource for career services offices at U.S. colleges and universities to assist students who are considering degree programs, concentrations, or careers in environmental law. The book is also a valuable reference tool for law faculty and students involved in environmental law education.
Tamara S. Herrera. Arizona Legal Research. Carolina Academic Press, 2008. $22.00 ISBN: 978-1-59460-354-9. Arizona Legal Research is part of the Carolina Academic Press Legal Research Series.
Wilson R. Huhn. The Five Types of Legal Arguments, Second Edition. Carolina Academic Press, 2008. $25.00 ISBN: 978-1-59460-516-1. he Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers and judges. Huhn introduces each concept separately, and from many parts Huhn develops an intricate and nuanced theory of what law is. Huhn also shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy) and how to weave the different types of arguments together to make them more [*537] persuasive. The Second Edition of this book further develops both the theoretical and practical themes of the work. In this edition Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. The book is written in plain language that is easily understood both by lay persons and professionals, and it is organized simply and logically. Reviewers and legal scholars have described the book as “fascinating” and “masterful.” The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments.
Ronald W. Eades. Mastering Evidence. Carolina Academic Press, 2008. $22.00 ISBN: 978-1-59460-261-0. Mastering Evidence is a clear, concise discussion of the rules of evidence. It is designed to be a secondary source for students enrolled in their first course in evidence. Most courses in evidence, and, of course, the multi-state bar examination in evidence, focus primarily on the Federal Rules of Evidence. This book takes the same approach, fully explaining the details of those rules. It is also organized according to the same structure as the Federal Rules and is, therefore, easy to follow. For students who are concerned about the state rules of evidence, comments about traditional rules are made where appropriate. In short, this work should provide a good source for all students taking a course in evidence. It presents the rules in a readable fashion that makes it possible to understand complex concepts. This book is part of the Carolina Academic Press Mastering Series edited by Russell L.Weaver, University of Louisville School of Law.
Judith V. Royster and Michael C. Blumm. Native American Natural Resources Law: Cases and Materials, Second Edition. Carolina Academic Press, 2008. $90.00 ISBN: 978-1-59460-440-9. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources [*538] development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing. Phyllis Coleman. Florida Family Law: Text and Commentary, 2007 Statutes. Carolina Academic Press, 2008. $80.00 ISBN: 978-1-59460-480-5. This book is an essential addition to the library of anyone who has an occasion to deal with family law issues in Florida. It offers ready access to selected Florida constitutional provisions and statutes, relevant federal laws, summaries of recent court decisions, and practical tips concerning legislative inconsistencies. A detailed index effectively facilitates use. “Phyllis Coleman’s compilation of statutes takes an encompassing view of family law, covering topics from marriage and adoption to elder abuse and home schooling. She deftly interweaves trenchant commentary on recent cases in the field with the statutes to explicate their meaning. This volume is a valuable resource for practitioners and students of family law alike.” — Mary Crossley, Professor of Law, Florida State University “Every law school in the Southeast and beyond will want a copy of this deskbook.” — Bimonthly Review of Law Books
Madeleine Schachter and Joel Kurtzberg. Law of Internet Speech, 3rd Edition. Carolina Academic Press, 2008. $95.00 ISBN:978-1-59460-489-8. The third edition of The Law of Internet Speech by Madeleine Schachter and Joel Kurtzberg updates and contextualizes recent developments in Internet law. The book explores the application of analytical models of First Amendment jurisprudence to Internet communications and examines the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. [*539] The Law of Internet Speech also examines claims of on-line defamation, including an analysis of ISP immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications. A section on privacy interests explores the application of common law privacy torts to digital media, the implications of data mining and on-line profiling, and regulatory and statutory approaches to privacy protections. Authors Schachter and Kurtzberg also address proprietary interests in content, including copyright infringement and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. Application of these concepts is further explored in the context of linking, framing, and metataging. A glossary of Internet terms is also included.
Robin Barnes. The Nature and Scope of Individual Rights: Emerging Debates in Constitutional Law. Carolina Academic Press, 2008. $65.00 ISBN: 978-0-89089-106-3. The Nature and Scope of Individual Rights provides historical context for the cases, articles and wide range of materials presented throughout the book. Readers explore how theories of social freedom and governance were developed and articulated in national debates on the most controversial matters of law and social science. Comparing specific legislation with purported state interests yields insights into judicial processes in those areas where law appears to operate without an obvious correlation between ends and means. The book covers topics related to military conscription, euthanasia, capital punishment, monogamy, incest, marital and statutory rape, race, gender, sexual orientation, workplace privacy, and public response to the Patriot Act, as changes in domestic surveillance and telecommunications technology continue to transform the dialogue around privacy. Barnes ultimately encourages readers to consider how many of these debates are consistent with (or even worthy of) our highest aspirations in relation to liberty, autonomy and governance for the general welfare. “Most law professors skip topics because of the fear of making our students uncomfortable . . . The genius of Barnes’ book is that it brings together so many of these topics that they become safer to cover. . . . The materials are well-chosen and obviously provocative. The issues are central to our conception of self, family and society, and the concepts of right and wrong that animate the relationships. So, the only remaining question is: Do you have the courage to teach this course?” Matthew Spitzer, University of Southern California LawSchool “Professor Barnes is to be credited with constructing a textbook that is relevant in every sense of the term. Students learn best when they feel that they are learning issues that impact their own lives. The subset of constitutional law that is the focus of Professor Barnes’ book — intimate individual rights — and the author’s choice of materials will [*540] foster precisely this type of classroom experience.” Terry Smith, Fordham University School of Law
Kathryn R.L. Rand and Steven Andre Light. Indian Gaming Law, Cases and Materials. Carolina Academic Press, 2008. $85.00 ISBN: 978-1-59460-258-0. With more than 400 tribal casinos in 30 states generating more than $23 billion in annual revenue, Indian gaming is a rapidly growing industry that is here to stay. Subject to a complex federal regulatory scheme and myriad state and tribal regulations, Indian gaming also is a growing area of legal practice. A course in Indian gaming law has legal and political currency and thus can easily “connect” with students. But more than simply learning about current events, students should come away from a course on Indian gaming law with a critical understanding of perhaps the most important legal and policy issue facing tribes today, and with a deeper sense of how tribes – the “third sovereign” – interact with state and federal governments in the American political system. Indian Gaming Law: Cases and Materials is a casebook that allows instructors and students to achieve these important pedagogical goals. Indian Gaming Law: Cases and Materials provides a clear, comprehensive, and accessible platform designed specifically for Indian gaming law and similar courses. Written by a law professor and a professor of political science and public administration who are the co-directors of the Institute for the Study of Tribal Gaming Law and Policy and leading scholars in the field of tribal gaming, this casebook uniquely is informed by the reality that Indian gaming law and policy has evolved through political compromise as much as through litigation and law reform. The casebook therefore includes materials relevant to the key legal contexts of tribal gaming as well as the type and relative influence of extralegal variables that shape Indian gaming law. In this casebook, the authors fuse the necessary background on federal Indian law and the status of American Indian tribes in the American political system with legal approaches to regulating gambling, and provide a useful overarching theoretical approach grounded in tribal sovereignty. The casebook covers necessary background on federal Indian law and the legal doctrine of tribal sovereignty, as well as on the roots of Indian gaming in traditional tribal practices and the imperatives of reservation economic development; provides overviews of pre-statutory law and the genesis of the federal statutory framework governing Indian gaming in light of key court decisions; discusses how the federal classification scheme for tribal gaming creates the parameters for tribal-state relations, including compacting for casino-style gaming; and highlights such topics as the authority of the federal agency responsible for regulating Indian gaming and the authority for gaming on newly acquired lands. Materials include excerpts from relevant case law, statutes, and regulations alongside excerpts from books, journal articles, and testimony by key authorities in the field. And because Indian gaming is far from uniform, with significant variation by state and tribe, throughout the book the editors provide specific [*541] examples of tribal and state experiences with tribal gaming. To assist students in working through such complex issues, each chapter includes teaching problems and notes. The authors also provide an accompanying Instructor’s Manual that contains additional specific suggestions for discussion topics and questions, group and individual exercises, web links to capture dynamic developments in Indian gaming, and supplementary background resources for instructors. Ideal for both new and experienced teachers, Indian Gaming Law: Cases and Materials effectively can be paired with the authors’ legal resource book Indian Gaming Law and Policy.
Samuel C. Thompson. Business Planning For Mergers and Acquisitions, 3rd Edition. Carolina Academic Press, 2008. $100.00 ISBN: 978-1-59460-235-1. The practice of mergers and acquisitions (M&A) is one of the most challenging areas of the law, and this book is designed to help the reader gain both a practical and theoretical understanding of many of the legal problems a business lawyer will likely encounter in practice when working on M&A deals. The book integrates the discussion of major legal considerations encountered in M&A transactions, including corporate law, securities law, tax law, and antitrust law. The book also focuses on modern valuation principles and on accounting considerations. Separate chapters address international M&A and M&A in the following industries: telcom; banking and financial institutions; and public utilities. The book also addresses issues that can arise when (1) structuring a joint venture or other strategic alliance, which may be used as an alternative to M&A, and (2) acquiring a bankrupt corporation. Finally, the book covers ethical issues in M&A.
Kenneth L. Port. Trademark and Unfair Competition Law and Policy in Japan. Carolina Academic Press, 2008. $50.00 ISBN: 978-1-59460-130-9. Port describes both the nature and process of protecting appellations of source in Japan and provides normative commentary on this protection. By focusing on the Japanese judiciary’s interpretation of two statutes — he Trademark Law and the Unfair Competition Prevention Act — some important lessons are learned. First, the Japanese judiciary treats trademark owners (both foreign and domestic) paternalistically. Japanese courts go to great extremes to avoid harsh results that seem possible under a strict reading of these two statutes. Second, Japanese trademark owners are extremely rights conscious and pursue litigation to the fullest in order to drive up the cost of market access by competitors. Third, the Japanese trademark right operates more like a true property right than it does in America. This has broad ramifications as judges treat the right with far more deference than their American counterparts. [*542] Adam Pitluk. Damned to Eternity: The Story of the Man Who They Said Caused the Flood. Da Capo Press, 2008. $24.95 ISBN: 978-0-306-81527-0. Herbert N. Forerstel. The Patriot Act, A Documentary and Reference Guide. Greenwood Press, 2008. $65.00 ISBN: 978-0-313-34142-7. This easy-to-use core reference takes on the biggest issue of our day: freedom of speech in post-9/11 America. No issue is more important to Americans--and especially to librarians--than the Patriot Act. The Patriot Act is one of the longest, broadest, most sweeping pieces of legislation in American history. It introduced a vast edifice of domestic surveillance that has defined the post-9/11 world. But the legislation itself is so massive and technical that both supporters and critics have been free to interpret it loosely and in partisan fashion. Supporters of the Patriot Act believe that 9/11 irreversibly changed American politics and law enforcement, forcing every citizen to cede some traditional civil liberties in order to protect the nation from terrorism. Critics respond that many provisions of the Patriot Act were simply resurrected from old FBI wish lists, having no relevance to the war on terror and providing little security in exchange for precious liberties. This book will not silence the raging debate over the Patriot Act, but by presenting relevant source documents, analyzed and placed in context, it may provide a more reliable basis for the ongoing debate. [*543] Bright, Susan. Landlord and Tenant Law in Context. Hart Publishing, 2007. $35.00 ISBN: 978-1-84113-722-3 This new work, a successor to the author’s earlier book (co-written with Geoff Gilbert) Landlord and Tenant Law: The Nature of Tenancies (1995), though now the work of a single author and completely up-dated and rewritten, shares the same aim of setting leases in their wider context by weaving together matters of law and policy. The book provides a clear understanding of the main principles of landlord and tenant law in each sector. The Law Society of Upper Canada. In the Public Interest: The Report and Research Papers of the Law Society of Upper Canada’s Task Force on the Rule of Law and the Independence of the Bar. Irwin Law Inc., 2007. $27.00 IBSN: 978-155221-147-2. The public has a right to be able to obtain legal assistance from someone who is independent of the state and the citizenry and who can, therefore, put their clients’ interests first without fear of constraint or punishment. In other words, the public has a right to an independent Bar which can protect the rights of individuals from being violated by the state or other citizens. The independence of the Bar, like the independence of the judiciary, is essential to the maintenance of the rule of law and the proper functioning of the administration of justice, as well as being one of the hallmarks of a free and democratic society. However, whereas the independence of the judiciary is expressly guaranteed by the constitution, the independence of the Bar does not enjoy any such straightforward protection. While the [*544] need for an independent Bar has never been greater, the fragility of this ideal, particularly when faced with urgent public policy priorities, is apparent. The independence of the Bar is only as strong as the belief on the part of lawyers, the public, the judiciary, and the government that it is worth preserving and promoting. The rationale for the Law Society of Upper Canada launching the Task Force on the Rule of Law and the Independence of the Bar was to enhance public understanding of, and commitment to, the independence of the Bar and to contribute to the ongoing debate on the limits of this independence. The Task Force commissioned six background studies from some of the leading academic voices on the legal profession from across the country. The papers represent the most comprehensive and in-depth exploration of the concept of the independence of the Bar ever undertaken in Canada. They also represent a significant resource for those who wish to build on and extend this research. The first paper examines the history of the ideas and practices associated with the independence of the Bar, in England and Canada, from about 1650 to 1950. The second looks at the experience of lawyers in different parts of the world, emphasizing that threats to an independent Bar are not the preserve of developing countries. It also examines alternative regulatory models in Australia and England. The next chapter reviews written and unwritten elements of the Canadian Constitution that provide protection for the principle of an independent Bar. It concludes that the legal profession’s independence from government is protected but not its self-regulating status. The fourth paper explores the impact of Parliament’s security certificate procedures on solicitor-client confidentiality and examines alternative, less rights-infringing models. The following chapter explores the legal profession’s resistance to legislation—in particular money-laundering and corporate governance—which would require lawyers to blow the whistle on client misconduct. The final chapter explores the relationship between images of lawyers in popular culture, the generalized negative public image of lawyers, and the perception people have of their own lawyers. Scott Douglas Gerber, The Law Clerk. Kent State University Press, 2007. $24.95. ISBN: 978-0-87338-903-7 Sam Grimes is heartbroken by a law school romance gone bad. Searching for new horizons, he accepts a prestigious clerkship with a federal judge in Providence, Rhode Island. He quickly finds himself both falling in love with a beautiful young woman he meets at the courthouse and working on the case of the decade in New England: the obscenity trial of Joey Mancini, the son of a Mafia boss. And as Sam is about to find out, one thing has everything to do with the other. [*545] Walter F. Murphy, C. Herman Pritchett, Lee Epstein, and Jack Night. Courts, Judges & Politics: An Introduction to the Judicial Process, 6th Edition. McGraw Hill Higher Education, 2008. ISBN: 978-0-07-297705-1. This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility. J.K. Brandau. Murder at Green Springs: The True Story of the Hall Case, Firestorm of Prejudices. Morgan James Publishing, LLC, 2007. Outrageous ironies, yellow journalism and conspiracies convicted Elizabeth Ann Hall for murder. The amazing truth emerges in this award winning book. Anthony C. Thompson. Releasing Prisoners, Redeeming Communities: Reenty, Race, and Politics. New York University Press, 2008. $39.00 ISBN: 978-0-8147-8303-0. Not surprisingly, most African Americans released from prison return to their home communities. However, as Thompson reports, many of these communities are struggling—many are in dire need of health care, adequate and affordable housing, drug treatment programs, social services, and jobs. And ex-offenders have even greater needs than other residents of these strained communities. Most of those who were drug addicts have not received treatment. Nor, for the most part, have they received any useful vocational training. When viewed in its totality, Thompson writes, this is a recipe for disaster. At this time, nearly half of all ex-offenders return to prison within three years and that percentage could easily increase in the years ahead. For Thompson, any discussion of ex-offender reentry is, de facto, a question of race. After laying out the troubling statistics, he identifies the equally troubling ways in which media and politics have contributed to the problem, especially through stereotyping and racial bias. He reports on the growing number of black women being sent to prison and looks at governmental responses to reentry, including the shifting roles of parole officers and the use of courts in reintegrating ex-inmates into communities. Well aware of the potential consequences if this country fails to act, Thompson concludes with concrete, realizable ideas of how our policies could, and should, change. Mark Simon Davies. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit. Oxford University Press, 2008. $85.00 ISBN: 978-0-19-533834-8. T.R. van Geel. Understanding Supreme Court Opinions. PearsonLongman, 2008. $46.67 ISBN: 978-0-205-62161-3. Going beyond the standard interpretation of Supreme Court opinions, this practical text delves into the legal reasoning behind the written opinions - the modes of persuasion and justification used by Supreme Court justices - to give students a deeper understanding of how to read and interpret the decisions of our highest court. An indispensable supplement to any constitutional law casebook, the sixth edition has been thoroughly updated, incorporating new material throughout the book on recent opinions issued by the Supreme Court. It also includes a new Chapter 9, which discusses in greater depth the briefing of a case - Seattle School District No. 1 - and its analysis. Alpheus Thomas Mason and Donald Grier Stephenson, Jr. American Constitutional Law: Introductory Essays and Selected Cases, 15th Ed. Pearson Prentice Hall, 2008. $120 ISBN: 978-0-13-602991-5. D.G. Cracknell. European Union Legislation. Routledge-Cavendish, 2008. $27.00 ISBN: 978-0-415-45124-6. Routledge-Cavendish Core Statutes provide a comprehensive series of essential statutory provisions for the core subjects and major options on the LLB or GDL. Each book in the series
Carol Jones and Jon Vagg. Criminal Justice in Hong Kong. Routledge-Cavendish, 2007. $79.95 ISBN: 978-1-84568-038-1. Containing a wealth of archival material and statistical data on crime and criminal justice, Criminal Justice in Hong Kong presents a detailed evaluation of Hong Kong’s criminal justice system, both past and present. Exploring the justice system and the perceptions of popular culture, this book demonstrates how the current criminal justice system has been influenced and shaped over time by Hong Kong’s historical position between ‘East’ and ‘West’. Jones and Vagg’s examination of the justice system not only takes into account geographical changes, like the erection of the border with communist China in 1950 but also insists that any deep understanding of the current system requires a dialogue with the rich and complex narratives of Hong Kong’s history. It explores a range of questions, including:
Careful and detailed, this analysis of one of the most economically successful, politically stable and safe yet frequently misrepresented cities, is a valuable addition to the bookshelves of all undergraduate and postgraduate students studying Asian law. [*549]
Mohamed Ranjohn. Equity and Trusts 2007-2008. Routledge-Cavendish, 2008. $27.95 ISBN: 978-0-415-43100-2. Helping students to understand the complexities of equity and trusts through practical answers to fifty typical examination questions, this book presents this often difficult and confusing subject in an easily accessible and structured way – with a basic introduction of the subject matter of each chapter before moving on to address more difficult concepts. Now containing five brand new questions, this new edition has been fully updated and revised in light of the Charities Act 2006 , the Civil Partnership Act 2004 and other significant recent decisions, including:
This is an excellent guide and revision aid to help all students of equity and trusts in achieving essay and exam success. Scott H. Decker and Margaret Townsend Chapman. Drug Smugglers on Drug Smuggling: Lessons from the Inside. Temple University Press, 2008. $23.95 ISBN: 978-1-59213-643-8. Drug Smugglers on Drug Smuggling features interviews with 34 convicted drug smugglers-most of them once major operators-detailing exactly how drugs are smuggled into the U.S. from Latin America. These sources provide tangible evidence of the risks, rewards, and organization of international drug smuggling. Quoting frequently from their interviews, Decker and Chapman explain how individuals are recruited into smuggling, why they stay in it, and how their roles change over time. They describe the specific strategies their interviewees employed to bring drugs into the country and how they previously escaped apprehension. Overall, the authors find that drug smuggling is organized in a series of networks which are usually unconnected. This extraordinarily informative book will be of particular interest to law enforcement officials and policymakers, but it will appeal to anyone who wants to know how the drug business actually works. [*550] University of California Press Andrew McDonald. Reinventing Britain: Constitutional Change Under New Labour. University of California Press, 2007. $29.95 ISBN: 978-0-520-09862-6. Contrary to popular myth, Britain does have a constitution, one that is uncodified and commanded little political interest for most of the twentieth century. In the late 1990s, Tony Blair’s New Labour Government launched a program of reform that was striking in its ambition. Reinventing Britain tells the story of Britain’s constitutional reform and weighs its long-term significance, with essays both by officials who worked on the reforms and by other leading commentators and academics from Britain and North America. University of North Carolina Press James W. Ely Jr. amd Bradley G. Bond. The New Encyclopedia of Southern Culture: Law & Politics. UNC Press, 2008. $39.95 ISBN: 978-0-8078-3205-9 Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the “solid South” to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics. [*551] Ian O’Donnell and Claire Milner. Child Pornography: Crime, Computers and Society. Willan Publishing, 2007. $37.50 ISBN: 978-1-84392-356-5. This book explores the enduring appeal of child pornography and its ramifications for criminal justice systems around the world. It is based on an extensive review of academic literature and newspaper coverage, a trawl of websites frequented by those with a sexual interest in children, a survey of how police investigate these offences, examination of prosecutors’ decisions, and interviews with judges.
David P. Waddington. Policing Public Disorder: Theory and Practice. Willan Publishing, 2008. $39.95 ISBN: 978-1-84392-233-9. This book draws on a wide range of studies of collective conflict and the policing of crowds and social movements to provide an understanding of the causes and management of public disorder. It seeks to describe and explain the processes by which the police interpret and respond to instances of public disorder, to account for variations in their strategies and tactics, and to identify the conditions in which police interventions (or inaction) may serve to enhance or reduce the potential for wider confrontation.
Rosemary Sheehan, Gill McIvor, and Chris Trotter. What Works with Women Offenders. Willan Publishing, 2008. $39.95 ISBN: 978-1-84392-239-1. The number of women prisoners has been growing rapidly during recent years and in many places has more than doubled in the past decade, significantly outstripping increases in the number of male prisoners – and with particular consequences for minority ethnic, black and aboriginal women, who constitute disproportionate levels of prison populations in many countries including Canada, the United States, the UK and Australia.
Mike Molan. Cases and Materials on Criminal Law, 4th Edition. Willan Publishing, 2008. $69.95. ISBN: 978-0-415-42461-5. This new edition of Cases and Materials on Criminal Law has been thoroughly updated to provide a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications. Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law. New features include:
Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney General’s Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases) Murray Lee. Inventing Fear of Crime: Criminology and the Politics of Anxiety. Willan Publishing, 2007. $39.95 ISBN: 978-1-84392-174-5. Over the past four decades the fear of crime has become an increasingly significant concern for criminologists, victimologists, policy makers, politicians, police, the media and the general public. For many practitioners reducing fear of crime has become almost as important an issue as reducing crime itself. The identification of fear of crime as a serious policy problem has given rise to a massive amount of research activity, political discussion and intellectual debate. Despite this activity, actually reducing levels of fear of crime has proved difficult. Even in recent years when many western nations have experienced reductions in the levels of reported crime, fear of crime has often proven intractable. The result has been the development of what amounts to a fear of crime industry.
Anthea Hucklesby and Lystra Hagley-Dickinson. Prisoner Resettlement: Policy and Practice. Willan Publishing, 2007. $37.50 ISBN: 978-1-84392-253-7. Prisoner resettlement is high on current political and policy agendas. The high reconviction rates of ex-prisoners have been acknowledged for many years but the rapidly rising prison population has meant that more prisoners than ever before are released. This together with the pressure this puts on to the infrastructure of the prison estate and the publication of two influential reports which highlighted the problems faced by prisoners leaving prison has concentrated attention on attempts to ensure that prisoners do not return to prison once released.
Christopher Harding. Criminal Enterprise: Individuals, Organisations and Criminal Responsibility. Willan Publishing, 2007. $79.95 ISBN: 978-1-84392-229-2. This is a study of agency in the field of criminal liability, considering the respective roles of individuals and organisations and the allocation of criminal responsibility to these different kinds of actor. The issue of criminal responsibility, which is informed by both the sociological analysis of conduct and by ethical considerations of responsibility, provides an important and revealing focus for discussion. Criminal Enterprise analyses criminal responsibility through three main types of organisation: corporate actors in the field of business activity, states and governments, and delinquent or criminal organisations; each of which is of contemporary significance. This analysis focuses on three particular issues. [*555]
Sandra Walklate. Handbook of Victims and Victimology. Willan Publishing, 2007. $49.95 ISBN: 978-1-84392-257-5. The study of criminal victimisation has developed to the stage where by victimology is now regarded as a central component to the study of crime and criminology. This focus of concern has been matched by the growth and development of support services for the victim of crime alongside increasing political concern with similar issues. The central purpose of this book is to bring together leading scholars to produce an authoritative handbook on victims and victimology that gives due consideration to these developments. It will be concerned to reflect contemporary academic, policy, and political debates on the nature, extent and impact of criminal victimisation and policy responses to it. This book:
Daniel Gilling. Crime Reduction and Community Safety: Labour and the Politics of Local Crime Control. Willan Publishing, 2008. $37.50 ISBN: 978-1-84392-251-3. This book analyses Labour’s policies of local crime control from 1997 through to 2006. Picking up on the Conservative legacy, it follows the establishment of local crime and disorder reduction partnerships and tracks developments from Labour’s attempts to subject them to a centrally-imposed performance management regime, through to the emergence of a strong neighbourhoods agenda, combined with the imposition of a largely enforcement-oriented attack on anti-social behaviour. It also explores Labour’s attempts to address the causes of crime through a policy agenda that has crystallised around themes of social exclusion, social capital, community cohesion and civil renewal; and that operates through an architecture that aspires to be joined up centrally and locally, and neighbourhood-based. Joanna Shapland. Justice, Community and Civil Society: A Contested Terrain. Willan Publishing, 2008. $44.95 ISBN: 978-1-84392-299-5 Over the last decade there has arisen considerable disquiet about the relationship between criminal justice and its publics. This has been expressed in a variety of different ways, ranging from a concern that state criminal justice has moved too far away from the concerns of ordinary people (become too distant, too out of touch, insufficiently reflective of different groups in society) to the belief that the police have been attending to the wrong priorities, that the state has failed to reduce crime, that people still feel a general sense of insecurity. Governments have sought to respond to these concerns throughout Europe and North America but the results have challenged people’s deeply held beliefs about what justice is and what the state’s role should be. The need to innovate in response to local demands has hence resulted in some very different initiatives.
Findlay, Mark. Governing through Globalised Crime: Futures for International Criminal Justice. Willian Publishing, 2008. $37.50 ISBN: 978-1-84392-308-4 Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance.
Ivo Aertsen, Jana Arsovska, Holger-C. Rohne, Marta Valinas, Kris Vanspauwen. Restoring Justice after Large-scale Violent Conflicts: Kosovo, DR Congo, and the Israeli-Palestinian Case. Willian Publishing, 2008. $89.95 ISBN: 978-1-84392-302-2 This book provides a comparative analysis of the potential of restorative justice approaches to dealing with mass victimization in the context of large-scale violent conflicts – focusing on case studies from Kosovo, Israel-Palestine and Congo, incorporating contributions from leading authorities in these areas.
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Department of Government & Politics, University of Maryland