Monthly Archives: October 2010

Library Highlights : Law & Religion

Law and Religion: National, International, and Comparative Perspectives

W. Cole Durham, Jr., Brett G. Scharffs

K3258 .D874 2010

From the Publisher: Law and Religion: National, International, and Comparative Law Perspectives, features: U.S. materials that include the major Free Exercise and Establishment Clause cases that teachers of law and religion courses are accustomed to teaching; [...]cases cover issues such as the right to register religious associations, headscarves, kosher foods, exemptions from church taxes, conscientious objection, proselytizing, religious oaths, church autonomy, religious education, and conflicts arising between religious freedom and other human rights (e.g., women’s rights, rights of indigenous peoples, sexual minorities, and children’s rights); Islamic, Christian, and Jewish perspectives on freedom of religion, touching on defamation of religion, the Danish Mohammed cartoon controversy, the constitutions of Iraq, religious political parties in Turkey, and the definition of being Jewish for rights of citizenship in Israel.

Fundamentalism in American Religion and Law: Obama’s Challenge to Patriarchy’s Threat to Democracy

David A. J. Richards

KF4552 .R53 2010

From the Publisher: Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama’s resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces – in particular, the patriarchal love laws that tell people who and how and how much they may love.

The Religious Left and Church-State Relations

Steven H. Shiffrin

KF4783 .S56 2009

From the Publisher: In The Religious Left and Church-State Relations, Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religious institutions. Shiffrin discusses the pluralistic foundations of the religion clauses in the First Amendment and asserts that the clauses cannot be confined to the protection of liberty, equality, or equal liberty. He explores the constitutional framework of religious liberalism, applying it to controversial examples, including the Pledge of  Allegiance, the government’s use of religious symbols, the teaching of evolution in public schools, and school vouchers. Shiffrin examines how the approaches of secular liberalism toward church-state relations have been misguided philosophically and politically, and he illustrates why theological arguments hold an important democratic position–not in courtrooms or halls of government, but in the public dialogue.

Freedom From Religion: Rights and National Security

Amos N. Guiora

K3258 .G85 2009

From the Publisher: Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Rather, those terror-related debates have addressed what other civil liberties should be honored. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel.

God in the Courtroom: Religion’s Role at Trial

Brian H. Bornstein and Monica K. Miller

KF8700 .B67 2009

From the Publisher: While the concept of “God in the Courtroom” evokes a few grand images, there are numerous, often subtle, ways in which religion and law intersect. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision- making processes of various legal actors, and trial outcomes. Chapters address jury selection and bias, attorneys’ use of religion in legal movements, judges’ religious beliefs and its role in their appointment, and the treatment of religious figures or institutions as litigants in court. By drawing from various research sources, the authors effectively explore the range of ways in which religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

Holy Writ: Interpretation in Law and Religion

edited by Arie-Jan Kwak

K3165 .H654 2009

From the Publisher: It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be ‘holy’, in the case of law, some, such as the American constitution, are widely held as ‘sacred’. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.

New Library Acquisitions – September, 2010

New Titles for the Center for Law & Social Justice

12 Secrets of Persuasive Arguments
Ronald Waicukauski, Paul Mark Sandler, and JoAnne Epps
K2251 .W35 2009
ThomCat Amazon.com

Foreclosures: Defenses, Workouts, and Mortgage Servicing
John Rao … [et al.]
KF697.F6 R36 2010
ThomCatAmazon.com

New Titles for the Center for Global Legal Studies

The Right of Hot Pursuit in International Law
Nicholas M. Poulantzas
KZ6578 .P68 2002
ThomCatAmazon.com

New Titles for the Center for Law, Technology & Communications

The Economics of Public Issues
Roger LeRoy Miller, Daniel K. Benjamin, Douglass C. North.
HB171 .M544 2008
ThomCatAmazon.com

Internet Law: A Field Guide
Jonathan D. Hart
KF2750 .H37 2008
ThomCat

McNaughton book collection- check it out!

The Library subscribes to the McNaughton book lease service, which supplies us with new Popular Reading books as they are published. These books are located at the Popular Reading Collection, and are distinguished by a green band at the bottom of the spine of the book. New McNaughton books arrive every month.

Library Highlights: Native American Law

Introduction to Tribal legal Studies

Justin B. Richland and Sarah Deer

KF8205 .R53 2010

From the Publisher: This second edition of Introduction to Tribal Legal Studies is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter.

Children, Tribes, and States: Adoption and Custody Conflicts over American Indian Children

Barbara Ann Atwood

KF8210.C45 A98 2010

From the Publisher: Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, Atwood agrees that many state courts still resist ICWA’s jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children’s cases but also prolong the children’s stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child’s individual needs. The book explores alternative placements that may conform to the culture of a child’s tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children’s well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity.

Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance Raymond D. Austin

KF8228.N3 A95 2009

From the Publisher: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K’é (peacefulness and solidarity), and K’éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

Broken Landscape: Indian Tribes and the Constitution

Frank Pommersheim

KF8205 .P63 2009

From the Publisher: Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation’s founding. The Constitution formalized the relationship between Indian tribes and the United States government–a relationship forged through a long history of war and land usurpation–within a federal structure not mirrored in the traditions of tribal governance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation. As [this title] demonstrates, the federal government has repeatedly failed to respect the Constitution’s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. The Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes.

Facing the Future: The Indian Child Welfare Act at 30

edited by Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort

KF8210.C45 F33 2009

From the Publisher: This is a comprehensive evaluation of well-intentioned but problematic federal legislation: The U.S. Congress is charged with responsibility for the protection and preservation of American Indian tribes, including Indian children. In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.” ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. ICWA also sets out federal requirements regarding removal of Indian children and their placement in foster or adoptive homes, and it allows the child’s tribe to intervene in the case. The history of the Act is a tangle of legal, social, and emotional complications. Some state courts have found unusual legal arguments to avoid applying the law, while some states have gone beyond the terms of the Act to provide greater protections for Indian people. This collection brings together for the first time a multidisciplinary assessment of the law — with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.

The Supreme Court’s Role in American Indian Policy

John H. Vinzant

KF8205 .V56 2009

From the Publisher: Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy. Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.