Category Archives: Library Highlights

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: African Americans and the Law

It worked for me

It Worked for Me: In Life and Leadership

Colin Powell

E840.5.P68 A3 2012

From the Publisher: It Worked for Me is filled with vivid experiences and lessons learned that have shaped the legendary public service career of the  four-star general and former Secretary of State Colin Powell. At its heart are Powell’s “Thirteen Rules”—notes he gathered over the years and that  now form the basis of his leadership presentations given throughout the world. Powell’s short but sweet rules—among them, “Get mad, then get over it” and “Share credit”—are illustrated by revealing personal stories that introduce and expand upon his principles for effective leadership: conviction, hard work, and, above all, respect for others. In work and in life, Powell writes, “it’s about how we touch and are touched by the people we meet. It’s all about the people.”

Courage to Hope

The Courage to Hope: How I Stood Up to the Politics of Fear

Shirley Sherrod and Catherine Whitney

E901.1.S54 A3 2012

From the Publisher: In this “inspiring memoir about the real power of courage and hope” (Kirkus Reviews), lifelong activist Shirley Sherrod explains why she was fired from the USDA under false charges and how she stood up against the politics of fear.

End of the pipeline

The End of the Pipeline: A Journey of Recognition for African Americans Entering the Legal Profession

Carla D. Pratt and Dorothy Evensen

KF299.A35 E94 2012

From the Publisher: This book had its beginnings in a simple question: How have some African-American attorneys, recently admitted to the bar, successfully navigated what research suggests is a very precarious pipeline to the legal profession? The response to this question entailed a journey that spanned some three years, over fifty informants, and a dozen or so researchers and scholars who study the intersections of education, race, and efforts to achieve social equity.

Moving Diversity Forward

Moving Diversity Forward: How to Go From Well-Meaning to Well-Doing

Verna A. Myers

KF300 .M94 2011

From the Publisher: “If you believe that your organization has done everything it can to enhance its diversity, and if you are still frustrated at how little progress you have made, Moving Diversity Forward is for you. It is an instructive read for all of those who wish to live and work in a multi-cultural world where everyone has a fair chance to succeed and contribute.”

parodies of ownership

Parodies of Ownership: Hip-Hop Aesthetics and Intellectual Property Law

Richard L. Schur

KF4757 .S38 2009

From the Publisher: Parodies of Ownership offers a broad analysis of post–Civil Rights era culture and provides the necessary context for understanding contemporary debates within American studies, African American studies, intellectual property law, African American literature, art history, and hip-hop studies. Weaving together law, literature, art, and music, Schur deftly clarifies the conceptual issues that unify contemporary African American culture, empowering this generation of artists, writers, and musicians to criticize how racism continues to affect our country.

Immortal Life of Henrietta Lacks

The Immortal Life of Henrietta Lacks

Rebecca Skloot

RC265.6.L24 S55 2010

From the Publisher: Her name was Henrietta Lacks, but scientists know her as HeLa. She was a poor Southern tobacco farmer who worked the same land as her slave ancestors, yet her cells—taken without her knowledge—became one of the most important tools in medicine. The first “immortal” human cells grown in culture, they are still alive today, though she has been dead for more than sixty years. If you could pile all  HeLa cells ever grown onto a scale, they’d weigh more than 50 million metric tons—as much as a hundred Empire State Buildings. HeLa cells were vital for developing the polio vaccine; uncovered secrets of cancer, viruses, and the atom bomb’s effects; helped lead to important advances like in vitro fertilization, cloning, and gene mapping; and have been bought and sold by the billions.

Library Highlights: Legal Research

basic legal researchBasic Legal Research: Tools and Strategies, 5th Edition

Amy E. Sloan

KF240 .S585 2012

From the Publisher: This best-selling coursebook on legal research is known for its clear, step-by-step instruction in the basics. Using a building-block approach, Basic Legal Research: Tools and Strategies, Fifth Edition breaks material into discrete, readily comprehensible parts. Self-contained chapters on sources make the book flexible for any type of legal research course.

Process of Legal ResearchThe Process of Legal Research: Authorities and Options

Christina L. Kunz et al.

KF240 .P76 2012

From the Publisher: A time-tested, proven introduction, The Process of Legal Research acquaints students with all of the sources and relevant vocabulary and shows how each source works, how to combine sources into a cohesive research process, and how to resolve legal problems through effective techniques. Extensive illustrations and examples quickly engage students in actual research problems, as the text carefully demonstrates how research and writing are interrelated processes.

Just ResearchJust Research, Third Edition

Laurel Currie Oates

KF240 .O18 2011

From the Publisher: Just Research, Third Edition, offers students and professors a unique and up-to-date approach to the fundamentals of legal research. Instead of simply describing sources, Just Research goes a step further and shows students how to use those sources to research a variety of issues, including issues governed by common law, issues governed by state and federal statutes, issues governed by local law, constitutional law issues, issues governed by local law, and factual issues.

Legal Research Guide Patterns and PracticeLegal Research Guide: Patterns and Practice, Sixth Edition

Bonita K. Roberts

KF240 .R63 2011

From the Publisher: In this Sixth Edition, a new chapter explains the interrelationship of manual and electronic research. Each method has its advantages and disadvantages. To do legal research accurately, quickly, and efficiently, the researcher must have a basic understanding of each method. Each is an important component and is best suited to certain types of information. Even with advances in electronic research, the authors believe that it is important to understand the manual research process and that some research can still be done more efficiently or completely through manual research due to the time and substance restrictions in databases.

Legal Research in CaliforniaLegal Research in California, 7th ed.

John K Hanft

KFC74 .H36 2011

From the Publisher: This title gives you comprehensive guidance on California-specific research, and includes appropriate coverage of national and federal materials. The author presents a detailed overview of the legal research environment, and devotes chapters to each branch of government and the legal materials it produces. Detailed coverage includes case reporting, and case law, statutory law, and administrative law.

Impeccable ResearchImpeccable Research: A Concise Guide to Mastering Legal Research Skills

Mark K. Osbeck

KF240 .O82 2010

From the Publisher: This book stresses a systematic, problem-solving approach to legal research. It sets out a clear, step-by-step research strategy that guides students through the research process. The book also includes a section on tips for avoiding common research pitfalls, a troubleshooting guide for helping students overcome the occasional problems that may crop up in their legal research projects, and a summary of the various primary and secondary sources of law and their use. This book serves as a reference guide for law students and young lawyers, as well as an innovative classroom text on legal research.

Staff Recommendation Corner: “The Shallows: What the Internet is Doing to Our Brains”

The-ShallowsTitle: The Shallows : What the Internet is Doing to Our Brains

Author: Nicholas Carr.

QP360 .C3667 2010  (Popular Reading Collection, 4th floor)

Reviewed by: Hadas Livnat

Review: Carr argues that the format by which we absorb information is important, since neural paths in the brain re-wire in response to the specific format of information-conveying tools. He examines the resulting effects on our brains when we read information online and when we read it through the printed book. Carr’s argument is that the online environment as detrimental to our brains since it destroys concentration, and cites studies to support his theory. A thought-provoking and entertaining book.

4/5 stars

Meet Our New Reference Librarian

Meet Marie Templo-Capule, our new reference librarian.

She has more than 10 years of experience in law library public services. Before joining TJSL, she was the Collection Development and Reference Librarian at Thomas M. Cooley Law School in Michigan. She also served as the Tax Research Specialist for the Taxation LL.M. program. She has taught print and electronic legal research for Research and Writing, Advanced Research and Writing, Scholarly Writing, Moot Court, Pre-Trials Skills, Estate Planning, and Tax Research.

She received her Juris Doctor from Thomas M. Cooley Law School and earned an LL.M. in Taxation at NYU School of Law. While working as the Tax Research Specialist in Cooley, she decided to pursue her Masters of Library and Information Science at Wayne State University in Detroit, Michigan. She is an active member of the California and Michigan Bars.

Aside from helping faculty and students with their research and reference questions, she will teach the Advanced Legal Research class. She also looks forward to working closely with the Graduate Program at TJSL.

If you don’t see her at the reference desk, please stop by in her office, Room 455, she is available to help you with your legal research.

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.

Library Highlights: Criminal Law

The Emerging Practice of the International Criminal Court
edited by Carsten Stahn and Göran Sluiter
KZ6311 .E364 2009
From the Publisher: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
From the Publisher: New discoveries from neuroscience and behavioral genetics are besieging criminal law. Novel scientific perspectives on criminal behavior could transform the criminal justice system and yet are being introduced in an ad hoc and often ill-conceived manner. Bringing together experts across multiple disciplines, including geneticists, neuroscientists, philosophers, policymakers, and legal scholars, The Impact of Behavioral Sciences on Criminal Law is a comprehensive collection of essays that address the emerging science from behavioral genetics and neuroscience and its developing impact on the criminal justice system. The essays survey how the science is and will likely be used in criminal law and the policy and the ethical issues that arise from its use for criminal law and for society.

Criminal Law
Richard G. Singer, John Q. La Fond
KF9219.85 .S54 2010
From the Publisher: Examples & Explanations: Criminal Law, draws on well-known cases that have not made the appellate courts or in some cases haven’t even gone to litigation. The fifth edition includes cutting edge examples and explanations based on prescription drug-induced sleepwalking, death caused by abuse of time-release pain-killing patches, and void-for-vagueness challenges to laws limiting where sex offenders can live or travel.

Among the attributes that make this study aid an excellent resource: [...]Unique, time-tested Examples & Explanations pedagogy —Combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and provide practice in applying information to fact patterns; recent Supreme Court cases on the insanity defense and the diminished capacity defense (such as Arizona v. Clark and Dixon v. United States); explanations include analysis of both prosecution and defense, which provides additional valuable exam-writing skills for students.

Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
From the Publisher: The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising ‘new’ terrorist offences and other transnational forms of criminality. ‘Preventative’ detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating ‘deviant’ behaviour.

The Principle of Legality in International and Comparative Criminal Law
Kenneth S. Gallant
K5165 .G35 2009
From the Publisher: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law – in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

EU Criminal Law
Valsamis Mitsilegas
KJE7975 .M58 2009
From the Publisher: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of  EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Crime and Culpability: A Theory of Criminal Law
Larry Alexander and Kimberly Kessler Ferzan
K5103 .A44 2009
From the Publisher: This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. [The authors] argue that desert is a function of the actor’s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor’s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors’ conceptualization is put into practice.

Library Highlights: Law & the Internet

Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn C. Nunziato
KF4772 .N86 2009
From the Publisher: Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions – from obstructing e-mail to censoring cablecasts – are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public’s right to access a broad diversity of content.

Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

The Law of Virtual Worlds and Internet Social Networks
Andrew Sparrow
KD667.C65 S68 2010
From the Publisher: Virtual worlds are the latest manifestation of the internet’s inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be?

As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world – are you ready for the leap from internet plaything to meaningful social and business tool? [this book] is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.

Internet Law in a Nutshell
Michael L. Rustad
KF390.5.C6 R87 2009
From the Publisher: The book begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation.

In Search of Jefferson’s Moose: Notes on the State of Cyberspace
David G. Post
K564.C6 P67 2009
From the Publisher: In 1787, Thomas Jefferson, then the American Minister to France, had the “complete skeleton, skin & horns” of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson’s efforts, David Post, one of the nation’s leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace–what it is, how it works, and how it should be governed.

What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled?

Should they be controlled? And by whom? Post presents the Jeffersonian ideal–small selfgoverning units, loosely linked together as peers in groups of larger and larger size–as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson’s writings on the New World in Notes on the State of Virginia , Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson’s views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.

E-Commerce and Internet Law: Treatise with Forms
Ian C. Ballon
KF390.5.C6 B35 2009
From the Publisher: The revised and updated edition of this comprehensive work provides you with a complete legal authority on e-commerce and Internet law, covering business-to-business and business-to-customer issues, regulatory issues, and emerging trends. It includes practice tips and forms and its unique organization facilitates finding quick answers to your questions. This valuable resource on Internet and ecommerce issues contains nearly 10,000 detailed footnotes, plus references to more than 100 unpublished court decisions, many of which are not available anywhere else.

Privacy and the Internet: Your Expectations and Rights under the Law
Revised and updated by Margaret C. Jasper
KF1263.C65 J38 2009
From the Publisher: The Internet is the most significant medium of both commercial and financial communications and transactions. It has become the nation’s primary vehicle for the exchange of news, mail, and general information. Unfortunately, these benefits often expose Internet users to serious privacy risks which may have catastrophic results. Thus, it is crucial that Internet users understand how to safely and securely “surf the net,” without exposing themselves to criminal activities which infringe on their privacy.

This almanac discusses some of the most important security methods, including the effective use of passwords, utilizing virus software, installing firewalls, understanding encryption technology, and being vigilant about the type of information one shares on the Internet. Internet identity theft is also addressed.

In addition, this fully revised publication outlines Internet privacy policies and applicable laws placed upon various entities designed to protect private information of Internet users. A discussion of online privacy protection for children, which encompasses the governing laws are included. Finally, this almanac sets forth the role of the Federal Trade Commission (FTC) in enforcing privacy rights, including a review of some of the major enforcement cases brought by the FTC. The Appendix provides resource directories, applicable statutes, and other pertinent information and data. The Glossary contains definitions of the terms used throughout the almanac.

Library Highlights: GLBT Rights

California Supreme Court Oral Arguments: Proposition 8 Same-Sex Marriage March 5, 2009. California. Supreme Court
VIDEO KFC129 .C257 2009
From the Publisher: The California Supreme Court heard oral arguments on Thursday, March 5, 2009, in three cases challenging the constitutionality of Proposition 8 (Ban on Same Sex Marriage) , a statewide ballot initiative that was passed by a majority of California voters in November 2008.

When Gay People get Married: What Happens when Societies Legalize Same-Sex Marriage
M.V. Lee Badgett
K699 .B33 2009
From the Publisher: […] In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work  colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved.

The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Constitutional Rights, Moral Controversy, and the Supreme Court
Michael J. Perry
KF8748 .P39 2009
From the Publisher: In this important new book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers’ judgment that the challenged law is constitutional a reasonable judgment? (One can answer both questions in the affirmative.) By focusing on the death penalty, abortion, and same-sex unions, Perry provides illuminating new perspectives not only on moral controversies that implicate one or more constitutionally entrenched human rights, but also on the fundamental question of the Supreme Court’s proper role in adjudicating such controversies.

Queer Mobilizations: LGBT Activists Confront the Law
edited by Scott Barclay, Mary Bernstein, and Anna-Maria Marshall
KF4754.5 .Q84 2009
From the Publisher: Fighting for marriage and family rights; protection from discrimination in employment, education, and housing; criminal law reform; economic justice; and health care reform: the LGBT movement is engaged in some of the most important cultural and political battles of our times. Seeking to reshape many of our basic social institutions, the LBGT movement’s legal, political, and cultural campaigns reflect the complex visions, strategies, and rhetoric of the individuals and groups knocking at the law’s door. The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement’s engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society.

Courting Change: Queer Parents, Judges, and the Transformation of American Family Law
Kimberly D. Richman
KF540 .R53 2009
From the Publisher: A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child’s estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a psychological parent. What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? 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.

Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted.

Same-Sex Marriage and Religious Liberty: Emerging Conflicts
edited by Douglas Laycock, Anthony R. Picarello, Jr., and Robin Fretwell Wilson
BL462 .S36 2008
From the Publisher: [This title] explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights—in housing, employment, healthcare, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions—schools, hospitals, and social service providers, to name a few—that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

Library Highlights – Law & Bioethics

The Nexus of Law and Biology: New Ethical Challenges
edited by Barbara Ann Hocking
K328 .N494 2009
From the Publisher: Although law and science have interacted for centuries, today their interactions pose enormous challenges. These challenges are reflected in issues ranging from reproductive technology and resource conservation, to genetic technology and biological warfare.

The emerging dialogue is complex and requires an ongoing re-thinking of general principles, such as expert biological evidence, which features in a wide range of legal contexts, and including medical law, torts, crime and intellectual property.

Studying the many ways in which law and biology come together in many areas of contemporary life, The Nexus of Law and Biology: New Ethical Challenges explores the juridical uses of biological sciences to illuminate key issues and contemporary intersections, arguing that each of several disciplines must communicate with one another, recognizing a common ground in ethics. Featuring an impressive list of contributors, this book is an invaluable reference for legal scholars, students, practising lawyers and scientists engaged with the legal system.

Bioethics and Law in a Nutshell
Sandra H. Johnson and Robert L. Schwartz
KF3821 .J64 2009
From the Publisher: This work provides a concise analysis of areas in which the law has addressed issues in bioethics. Topics include assisted reproductive techniques and family-making, limitations on reproduction (including abortion, contraception, and sterilization), the role of ethical and religious beliefs of health care professionals, the definition of death, end-of-life decision making (including physician-assisted death), genetics, research involving human subjects (including issues related to conflicts of interest), organ transplantation, limitations on coercive public health regulation, the operation of ethics committees, and other emerging topics. The book provides an excellent introduction to this area as well as useful support for students.

Bioethics: Health Care Law and Ethics
Barry R. Furrow et al.
KF3821.A7 B56 2008
From the Publisher: This book provides a rich body of materials for courses in bioethics and law. Primary legal sources, including judicial opinions, statutes, regulations, and institutional policies, will give students insight into the strategies used by courts, legislatures, agencies, and health care providers in addressing bioethics issues. The book also draws from interdisciplinary research in medicine, ethics, and law to provide students with diverse critiques of legal and public policy issues in bioethics. This edition includes a selection of new problems; completely updated notes and bibliographies; and new or expanded treatment of issues that have come to prominence since the previous edition.

Legal Perspectives in Bioethics
edited by Ana S. Iltis, Sandra H. Johnson and Barbara A. Hinze
KF3821 .L445 2008
From the Publisher: Issues in bioethics often turn, at least in part, on the law and regulatory requirements. Consisting of chapters that address particular bioethics topics from the law’s perspective, this fascinating book includes: an introduction to the American legal system, papers identifying the principal ways in which the law influences discussions and decisions concerning each of the topics highlighted, supplemental papers on certain areas that address the influence and status of the law in countries other than the United States.

Covering traditional topics in bioethics, such as determinations of death and health care decisions for vulnerable groups, this study also explores emerging areas such as conflicts of interest in research, genetics, and privacy and confidentiality in the electronic age. Incisive and thought-provoking, this volume provides readers with a rich context for understanding the intersection between the law on bioethics and the central issues in bioethics.

Contemporary Issues in Healthcare Law and Ethics
Dean M. Harris
KF3825 .H373 2008
From the Publisher: Contemporary Issues in Healthcare Law and Ethics, Third Edition, examines the most important legal and ethical issues in healthcare and presents essential information that will help you learnto identify and tackle potential legal problems.

This edition includes new information and extensive updates including: The U.S. Supreme Court’s decisions on physician-assisted suicide, the liability of health plans, and partial-birth abortion, Legal and ethical issues in emergency contraception, The Terri Schiavo case involving termination of life support, The Medicare prescription drug benefit and HIPAA Privacy Rule, Medical malpractice reform and the reporting of medical errors, Obligations to provide emergency care and make services accessible to persons with limited English proficiency, A new chapter on health insurance and the ongoing effort to achieve universal health insurance coverage. This new edition also has a revised emphasis and focus. Rather than focusing on managed care, it emphasizes, and includes more material on, health insurance reform.

Retrieving the Natural Law: A Return to Moral First Things
J. Daryl Charles
K420 .C33 2008
From the Publisher: Restating what all people intuit and what this means in moral, specifically bioethical, discourse is the raison d’être for this volume. J. Daryl Charles argues that a traditional metaphysics of natural law lies at the heart of the present reconstructive project, and that a revival in natural-law thinking is of the highest priority for the Christian community as we contend in, rather than abdicate, the public square.

Nowhere is this more on display than in the realm of bioethics, where the most basic moral questions human personhood, human rights versus responsibilities, the reality of moral evil, the basis of civil society — are being debated. With his timely application of natural-law thinking to the field of bioethics, Charles seeks to breathe new life back into this key debate.