Category Archives: Courts

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.

New titles added to the Library in May, 2011

To request any of these titles, please send an email to circlib@tjsl.edu

New Titles for the Center for Law & Social Justice
3 titles

Handbook on Mediation
American Arbitration Association
KF9084 .H363 2010
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The How-to-Win Appeal Manual: Winning Appellate Advocacy in a Nutshell
Ralph Adam Fine
KF9050 .F56 2008
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Manual on Domestic Violence
Nancy K.D. Lemon
KFC1121.4 .L46 2009
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New Titles for the Center for Law & Intellectual Property
4 titles

Biotechnology and the Federal Circuit
Kenneth J. Burchfiel
KF3133.B56 B87 2009
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Cameras in the Courtroom: Television and the Pursuit of Justice
Marjorie Cohn and David Dow             Faculty Publication
KF8726 .C63 2011 (Lobby Display)          
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Counseling Clients in the Entertainment Industry
KF390.E57 C66
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Creative License: The Law and Culture of Digital Sampling
Kembrew McLeod and Peter DiCola; with Jenny Toomey and Kristin Thomson
KF3035 .M35 2011
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New Titles for the Center for Global Legal Studies
5 titles

The Evolving International Investment Regime: Expectations, Realities, Options
edited by Jose E. Alvarez and Karl P. Sauvant; with Kamil Gerard Ahmed and Gabriela P. Vizcaino
K3829.8 .C648 2007
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Five Masters of International Law: Conversations with R-J Dupuy, E. Jimenez de Arechaga, R. Jennings, L. Henkin, and O. Schachter
Antonio Cassese
KZ3900 .F58 2011
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International Law
edited by Malcolm D. Evans
KZ1242 .I573 2010
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National Courts and the International Rule of Law
Andre Nollkaemper
K302 .N65 2011
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Les Successions, Les Liberalites
Philippe Malaurie
KJV1329 .M257 2010
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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.

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

Local News: Thomas Jefferson School of Law alumnus runs for San Diego Superior Court Seat

Thomas Jefferson School of Law alumnus, and second generation attorney Jim Miller is running for San Diego Superior Court Seat 20. He aligns himself with the policies of Supreme Court Justice Scalia, and is endorsed by the San Diego Republican Party. The full article, entitled Bench Seats: Judicial Candidates Monroy & Miller Field Questions can be read in the East County Magazine. For more information about Miller, and his opponent, Richard Monroy see:

Library Highlights: Legal History

The Supreme Court and Elections: Into the Political Thicket

Charles L. Zelden

KF4886 .Z45 2010

From the Publisher: Voting is simple in the United States, right? The process of voting (organizing, running and tabulating the results of a popular election) is, in fact, a highly contested act whose forms, meanings, and practical boundaries are open to widely differing interpretations. From questions of who can vote to the tricky problem of accurately counting the votes, popular democracy is still a work in progress in the United States. Add in the complexities of politics and the picture becomes even more complicated.

Taking a chronological approach to the topic, [This book] explores the ways that the Court has struggled with these questions. From the earliest days of the Union when the Supreme Court refused to address the topic, to the early struggles with the Fourteenth Amendment’s impact on the question of who can vote, to the rise and fall of race-based disenfranchisement, to our recent issues of proper districting, campaign finance reform and the struggle to find a workable voting technology, the essay and documents in this reference illuminate the multifaceted nature of voting and election laws. At the same time, this title provides in-depth analysis of the impact of the Court in shaping this ongoing history. Focusing on the practical problems of U.S. voting and its complex development within the framework of the political branches of the government, students and researchers will benefit from the clear picture painted by the author of the current elective structure. Essay and document based, The Supreme Court and Elections is the definitive reference on the application of U.S. law on Americans right to vote and the resulting participatory democracy.

Rising Road: A True Tale of Love, Race, and Religion in America

Sharon Davies

HQ1031 .D37 2010

From the Publisher: It was among the most notorious criminal cases of its day. On August 11, 1921, in Birmingham, Alabama, a Methodist minister named Edwin Stephenson shot and killed a Catholic priest, James Coyle, in broad daylight and in front of numerous witnesses. The killer’s motive? The priest had married Stephenson’s eighteen-year-old daughter Ruth–who had secretly converted to Catholicism three months earlier–to Pedro Gussman, a Puerto Rican migrant and practicing Catholic. Having all but disappeared from historical memory, the murder of Father Coyle and the trial of Reverend Stephenson that followed are vividly resurrected in Sharon Davies’s Rising Road . As Davies reveals in remarkable detail, the case laid bare all the bigotries of its time and place: a simmering hatred not only of African Americans, but of Catholics and foreigners as well. In one of the case’s most interesting twists, Reverend Stephenson hired future U.S. Supreme Court justice Hugo Black to lead his defense team. Though Black would later be regarded as a champion of civil rights, at the time the talented defense lawyer was only months away from joining the Ku Klux Klan, which held fundraising drives to finance Stephenson’s defense. Entering a plea of temporary insanity, Black and his client used both religion and race–accusing the Puerto Rican husband of being “a Negro”–in the hopes of persuading the jury to forgive the priest’s murder. Placing this story in its full social and historical context, [the author] brings to life a heinous crime and its aftermath, in a brilliant, in-depth examination of the consequences of prejudice in the Jim Crow era.

The History of White People

Nell Irvin Painter

E184.A1 P29 2010

From the Publisher: A mind-expanding and myth-destroying exploration of “whiteness”—an illuminating work on the history of race and power. Eminent historian Nell Irvin Painter tells perhaps the most important forgotten story in American history. Beginning at the roots of Western civilization, she traces the invention of the idea of a white race—often for economic, scientific, and political ends. She shows how the origins of American identity in the eighteenth century were intrinsically tied to the elevation of white skin into the embodiment of beauty, power, and intelligence; how the great American intellectuals— including Ralph Waldo Emerson—insisted that only Anglo Saxons were truly American; and how the definitions of who is “white” and who is “American” have evolved over time. A story filled with towering historical figures, The History of White People closes an enormous gap in a literature that has long focused on the nonwhite, and it forcefully reminds us that the concept of “race” is an all-too-human invention whose meaning, importance, and reality have changed according to a long and rich history.

The Supreme Court and Capital Punishment: Judging Death

Michael E. Parrish

KF9227.C2 P37 2010

From the Publisher: From the late nineteenth century to the present, decisions by the Supreme Court have played a significant role in how American governments, especially at the state level, have carried out the death penalty. With more than 3,400 prisoners, including 118 foreign nationals, now on death rows, the Court’s role is not likely to diminish in this area over the next several decades, barring a major shift in state laws and public opinion.

Supreme Court and Capital Punishment, [...] explores how Supreme Court rulings over its history have shaped and reshaped the rules under which Americans have been tried, convicted, sentenced and put to death for capital offenses. Through judicial decisions and other primary documents, this reference explores the impact of these rulings upon the behavior of legislators, judges, prosecutors, defense attorneys and defendants. Considerable emphasis is placed upon the twentieth century, especially the period since the 1972 Furman v. Georgia case. Since Furman, few areas of constitutional doctrine have undergone more abrupt changes than Court-mandated standards for administering capital punishment. A second principal theme of this volume is an examination of the impact of race upon the long evolution of the Court’s death penalty jurisprudence. As defendants and victims, African-Americans on trial for their lives in Southern courts became the central figures in the design and redesign of capital punishment in the twentieth century.

From Demon to Darling: A Legal History of Wine in America

Richard Mendelson

KF3924.W5 M46 2009

From the Publisher: Mendelson brings together his expertise as both a Napa Valley lawyer and a winemaker into this accessible overview of American wine law from colonial times to the present. It is a story of fits and starts that provides a fascinating chronicle of the history of wine in the United States told through the lens of the law. From the country’s early support for wine as a beverage to the moral and religious fervor that resulted in Prohibition and to the governmental controls that followed Repeal, Mendelson takes us to the present day—and to the emergence of an authentic and significant wine culture. He explains how current laws shape the wine industry in such areas as pricing and taxation, licensing, appellations, health claims and warnings, labeling, and domestic and international commerce. As he explores these and other legal and policy issues, [the author] lucidly highlights the concerns that have made wine alternatively the demon or the darling of American society—and at the same time illuminates the ways in which lives and livelihoods are affected by the rise and fall of social movements.