Category Archives: Constitutional Law

Library Highlights: Sexuality and the Law

Intersexuality and the law

Intersexuality and the Law

Julie Greenberg

KF478.5 .G74 2012

From the Publisher: In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.

Loving v Virginia

Loving V. Virginia in a Post-Racial World

Kevin Noble Maillard

KF517 .L68 2012

From the Publisher: In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the “loving” of America. How far have we come since then, and what effect did the case have on individual lives?

Geography of Love

The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (the Story in Maps)

Peter Nicolas

KF539 .N52 2011

From the Publisher: There is no question that the most prominent gay rights issue in the United States today is the right to marry. Yet accurate, objective information about same-sex marriage and relationship recognition in the United States is difficult to come by. In this book, Seattle-based authors Peter Nicolas & Mike Strong combine their respective training in law and geography to depict the history and current state of marriage and relationship recognition rights for same-sex couples in the United States in words…and in maps.

Gender sexualities and the law

Gender, Sexualities and Law

Jackie Jones et al.

K644 .G459 2011

From the Publisher: This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.

Courting change

Courting Change Queer Parents, Judges, and the Transformation of American Family Law

Kimberly D. Richman

KF540 .R53 2009 

From the Publisher: In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions—both the outcomes and the rationales—and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws’ indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to—and even facilitate — changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

states of passion

States of Passion

Yvonne Zylan

KF9325 .Z85 2011

From the Publisher: Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse.

Library Highlights: Law & Technology

I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy
Lori Andrews
HM851 .A66 2011
From the Publisher: Social networks are the defining cultural movement of our time, empowering us in constantly evolving ways. We can all now be reporters, alerting the world to breaking news, participating in crowd-sourced scientific research, and helping the police solve crimes. Social networks have even helped to bring down governments, but they have also greatly accelerated the erosion of our personal privacy rights. As leading expert on social networks and privacy Lori Andrews shows through ground- breaking in-depth research and a host of stunning stories of abuses, as we work and chat and shop and date (and even sometimes have sex) over the Web, we are opening ourselves up to increasingly intrusive, relentless, and anonymous surveillance—by employers, schools, lawyers, the police, and aggressive data aggregator services that compile an astonishing amount of information about us and sell it to any and all takers. But the legal system cannot be counted on to protect us—in the thousands of cases brought to trial by those whose rights have been violated, judges have most often ruled against them. That is why in addition to providing the best expert advice about protecting ourselves, Andrews pro- poses that we must all become supporters of a Constitution for the Web, which she has drafted and introduces in this book. Now is the time to join her and take action—the very future of privacy is at stake.

Legal Aspects of Managing Technology
Lee B. Burgunder
KF1890.H53 B87 2011
From the Publisher: This book is designed for businesspersons working with technological innovations in any field, including business, management, computer science, engineering, architecture, biology, or law. It focuses on integral technology law topics with substantial attention paid to the wide range of controversial issues regarding intellectual property rights, and coverage of all other key topics such as e-commerce, privacy, antitrust, and biotechnology. Its goal is not to make readers legal experts; rather it is too allow managers to understand the fundamental legal issues pertinent to technology management so that they can competently create strategic plans in consultation with their attorneys.

That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back
Thomas L. Friedman and Michael Mandelbaum
BF408 .F747 2011
From the Publisher: In That Used to Be Us, Thomas L. Friedman, one of our most influential columnists, and Michael Mandelbaum, one of our leading foreign policy thinkers, offer both a wake-up call and a call to collective action. They analyze the four challenges we face—globalization, the revolution in in- formation technology, the nation’s chronic deficits, and our pattern of excessive energy consumption— and spell out what we need to do now to sustain the American dream and preserve American power in the world. They explain how the end of the Cold War blinded the nation to the need to address these issues seriously, and how China’s educational successes, industrial might, and technological prowess remind us of the ways in which “that used to be us.” They explain how the paralysis of our political sys- tem and the erosion of key American values have made it impossible for us to carry out the policies the country urgently needs.

The Real ID Act: Privacy and Government Surveillance
William Eyre
KF4791 .E97 2011
From the Publisher: Civil society in the United States in the 21st century has seen the abandonment of American concepts of individual freedom, privacy, expression and autonomy. Eyre ex- amines the Real ID Act in this context, as an example of laws passed since September 2001 restricting civil liberties. The Real ID Act facilitates the current and future surveillance regime. Real IDs and the database(s) to which they are linked represent a de facto national ID system facilitating monitoring citizens’ movements, speech and political activities when fully operational. The Real ID Act is examined as an unfunded mandate and vehicle for unconstitutional abridgement of First Amendment guarantees including political expression.

Computer Games and Virtual Worlds: a New Frontier in Intellectual Property Law
Ross A. Dannenberg … [et al.], editors.
KF3024.C6 C625 2010
From the Publisher: As the uses and ubiquity of video games and virtual worlds expand, the legal issues they raise grow more complex and commonplace. These issues include the traditional areas of intellectual property law, namely, copyright, trademark, patent and trade secrets, as affected by contractual issues arising from the end user licensing agreements (EULA) and terms of service (ToS) promulgated by each video game and virtual world proprietor. This book explores and discusses how to obtain these traditional rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for legal practitioners researching these emerging legal issues. Each chapter addresses, in order, end user license agreements, copyrights, patents, trademarks, and trade secrets, as addressed by U.S. law. The book also includes a commentary on international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.

Principles of Cybercrime
Jonathan Clough, Monash University, Victoria
K5215 .C58 2010
From the Publisher: We live in a digital age. The proliferation of digital technology, and the convergence of computing and communication devices, has transformed the way in which we socialize and do business. While overwhelmingly positive, there has also been a dark side to these developments. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called ‘cybercrimes’. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes.

How to Succeed on Law School Exams

The law library’s guide, Exam Study Materials at TJSL  lists books on exam taking, and lists study aids available in the library for various courses such as Civil Procedure, Professional Responsibility and Torts.

Law school exam advice from the blogosphere:

Exam Prep Made Simple: Organize Your Thoughts – The Girl’s Guide to Law School
It’s Thanksgiving, Should You Be Flipping Out About Exams? – The Girl’s Guide to Law School
Common Errors in Exam Study – Amy Jarmon, Law School Academic Support Blog
Some Quotes to Keep in Mind - Law School Academic Support Blog

Law School Exam Tips – Law School Academic Support Blog

Library Highlights: Legal History

The Fiery Trial: Abraham Lincoln and American Slavery
Eric Foner
E457.2 .F66 2010
From the Publisher: Selected as a Notable Book of the Year by the New York Times Book Review, this landmark work gives us a definitive account of Lincoln’s lifelong engagement with the nation’s critical issue: American slavery. A master historian, Eric Foner draws Lincoln and the broader history of the period into perfect balance. We see Lincoln, a pragmatic politician grounded in principle, deftly navi-gating the dynamic politics of antislavery, secession, and civil war. Lincoln’s greatness emerges from his capacity for moral and political growth.

America’s Death Penalty: Between Past and Present
edited by David Garland, Randall McGowen and Michael Meranze
HV8699.U5 A745 2011

From the Publisher: Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are nor-mally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism.

America’s Death Penalty takes a different approach to the issue by examining the historical and theoret-ical assumptions that have underpinned the discussion of capital punishment in the United States to-day. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an in-novation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America.

The Immigration Battle in American Courts
Anna O. Law
KF4819 .L39 2010

From the Publisher: This book assesses the role of the federal judiciary in immigration and the institu-tional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Su-preme Court was reserved for the most important policy and political questions. Law explores the con-sequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Ap-peals because of advantageous institutional incentives that increase the likelihood of a favorable out-come. As this book proves, it is inaccurate to speak of an undifferentiated institution called ‘the federal courts’ or ‘the courts’, for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

The Constitutional Origins of the American Revolution
Jack P. Greene
KF4541 .G743 2010
From the Publisher: Using the British Empire as a case study, this succinct study argues that the estab-lishment of overseas settlements in America created a problem of constitutional organization. The fail-ure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Con-tending that these constitutions cannot be conflated with the metropolitan British constitution, it ar-gues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.

Radicals in Their Own Time: Four Hundred Years of Struggle for Liberty and Equal Justice in America
Michael Anthony Lawrence
KF4749 .L39 2011
From the Publisher: [This book] explores the lives of five Americans, with lifetimes spanning four hun-dred years, who agitated for greater freedom in America. Every generation has them: individuals who speak truth to power and crave freedom from arbitrary authority. This book makes two important ob-servations in discussing Roger Williams, Thomas Paine, Elizabeth Cady Stanton, W. E. B. Du Bois and Vine Deloria, Jr. First, each believed that government must broadly tolerate individual autonomy. Se-cond, each argued that religious orthodoxy has been a major source of society’s ills – and all endured serious negative repercussions for doing so. The book challenges Christian orthodoxy and argues that part of what makes these five figures compelling is their willingness to pay the price for their convic-tions – much to the lasting benefit of liberty and equal justice in America.

Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580-1865
Christopher Tomlins
HD8068 .T66 2010
From the Publisher: Freedom Bound is about the origins of modern America. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants – free and unfree – to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when – just for a moment – it seemed that freedom might finally be unbound.

Degradation: What the History of Obscenity Tells us About Hate Speech
Kevin W. Saunders
K5210 .S28 2011
From the Publisher: […] In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including rac-ist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictat-ed obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.

New Titles for the Center for Law and Social Justice

Blessed are the Peacemakers: Martin Luther King Jr., Eight White Religious Leaders, and the “Letter from Birmingham Jail”
S. Jonathan Bass
F334.B69 B37 2002
ThomCat
Amazon.com

Citizenship and its Exclusions: A Classical, Constitutional, and Critical Race Critique
Ediberto Roman
K3224 .R66 2010
ThomCat
Amazon.com

A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment
Carrie M. Lane
HD5724 .L276 2011
ThomCat
Amazon.com

Feminist Legal History: Essays on Women and Law
edited by Tracy A. Thomas and Tracey Jean Boisseau
KF478 .F46 2011
ThomCat
Amazon.com

The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing
edited by J. Cullen Howe and Michael B. Gerrard
KF5701 .L39 2010
ThomCat
Amazon.com

Mediation Ethics: Cases and Commentaries
edited by Ellen Waldman
KF9084 .M435 2011 (Lobby Display)
ThomCat
Amazon.com

Modern Constitutional Law
William J. Rich
KF4550 .A75 2011
ThomCat

Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
ThomCat
Amazon.com

The One Percent: A Film
Jamie Johnson; a Wise & Good Film presentation
VIDEO HB835 .O54 2007 DVD-ROM (Reserve)
ThomCat

Schools for Misrule: Legal Academia and an Overlawyered America
Walter Olson
KF272 .O474 2011
ThomCat
Amazon.com

Student Loan Law
Deanne Loonin; contributing author, Geoff Walsh
KF4235 .L66 2010
ThomCat

U.S. Supreme Court News: Health-Care Reform Bill case

May the Supreme Court accept a case to determine the constitutionality of the Health Care Bill, where there is still a pending case on this issue in the 4th Circuit Court of Appeals?

Virginia Attorney General Kenneth Cuccinelli has asked the Supreme Court to hear a direct appeal of the federal case on the Constitutionality of the implementation of the health-care law. The Obama administration is urging the 4th Circuit Court of appeals to reverse the ruling that the health-care law is unconstitutional. The Department of Justice has filed a motion with the Supreme Court requesting that the Court wait for the 4th Circuit decision before deciding on this matter.

In response, Cuccinelli has filed a brief to try to convince the Supreme Court to hear the case before it goes to the Fourth Circuit. The case, Commonwealth of Virginia v. Kathleen Sebelius, is scheduled to be heard May 10 in the 4th U.S. Circuit Court of Appeals.

On April 15, the U.S. Supreme Court is scheduled to discuss Cuccinelli’s petition for the Supreme Court to hear the lawsuit and to bypass appellate court review.

Update: The Supreme Court decided not to hear the case.

“JULIE ROVNER: It’s pretty rare for the high court to agree to take a case directly from a trial court.

Professor TIMOTHY JOST (Washington and Lee University Law School): The case has to be of, quote, “such imperative public importance,” unquote, that it requires immediate determination in this court.

ROVNER: Timothy Jost is a law professor at Washington and Lee University Law School in Lexington, Virginia. He says the Court usually limits such expedited cases to those involving foreign relations, national security or national crises” (Rovner).

References

San Diego Legal News: Mount Soledad Cross ruled unconstitutional and new laws discussed

The enormous crucifix on government owned land that has been touted as a symbol of support for U.S. veterans has been deemed  unconstitutional. Government resources cannot legally be used to exclusively promote any specific religion, and the Mount Soledad cross is no exception. However, Republicans are determined to keep the cross and are trying to bypass the decision of the 9th US Circuit Court of Appeals by taking to Congress their request to keep the Christian symbol standing.

References