Monthly Archives: January 2010

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.

Law & Social Justice — Recent Acquisitions

Bankruptcy Step-by-step
James John Jurinski
KF1524.6 .J87 2003
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Constitutional Engagement in a Transnational Era
Vicki C. Jackson
K3165 .J3253 2010 (New Book Shelf)
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Constitutional Law: National Power and Federalism: Examples & Explanations
Christopher N. May, Allan Ides
KF4550 .M29 2010
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From a Native Daughter: Colonialism and Sovereignty in Hawaii
Haunani- Kay Trask
DU627.8 .T73 1999
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In the Light of Reverence [videorecording]
produced & directed by Christopher McLeod; writer, Jessica Abbe; produced in ass’n with the Independent Television Service & Native American Public Telecommunications
VIDEO E98.R3 I5 2002 (Reserve)
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The International Legal Governance of the Human Genome
Chamundeeswari Kuppuswamy
K3611.A77 K87 2009
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Law for Dummies
John Ventura
KF387 .V465 2005
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Let’s Get Free: A Hip-hop Theory of Justice
Paul Butler
KF9223 .B88 2009 (New Book Shelf)
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The Owl of Minerva: Essays on Human Rights
Bostjan M. Zupancic; edited by Nandini Shah
KJC5132 .Z86 2008
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Pimps up, Ho’s Down: Hip Hop’s hold on Young Black Women
T. Denean Sharpley- Whiting
E185.86 .S515 2007
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Re-envisioning Sovereignty: The End of Westphalia?
edited by Trudy Jacobsen , Charles Sampford, Ramesh Thakur
KZ4041 .R44 2008
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Reaching the Bar: Stories from Women at all Stages of their Law Careers
edited by Robin Sax
KF299.W6 R43 2009
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Religious Pluralism and Human Rights in Europe: Where to Draw the Line?
edited by M.L.P. Loenen and J.E. Goldschmidt
BL695 .R45 2007
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When Everything Changed: The Amazing Journey of American Women, from 1960 to the Present
Gail Collins
HQ1421 .C64 2009
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Words that Wound: Critical Race Theory, Assaultive Speech, and the First Amendment
Mari J. Matsuda et al.
KF9345 .W67 1993
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Library Highlights: Terror, Torture & the Law

The Least Worst Place: Guantanamo‘s First 100 Days
Karen Greenberg
HV6432 .G7345 2009

From the Publisher: The Least Worst Place is a gripping narrative account of the first one hundred days of Guantanamo. Greenberg, one of America’s leading experts on the Bush Administration’s policies on terrorism, tells the story through a group of career officers who tried–and ultimately failed–to stymie the Pentagon’s desire to implement harsh new policies in Guantanamo and bypass the Geneva Conventions. She sets her story in Camp X-Ray, which underwent a remarkably quick transformation from a sleepy naval outpost in the tropics into a globally infamous holding pen. Peopled with genuine heroes and villains, this narrative of the earliest days of the post-9/11 era centers on the conflicts between Gitmo-based Marine officers intent on upholding the Geneva Accords and an intelligence unit set up under the Pentagon’s aegis. The latter ultimately won out, replacing transparency with secrecy, military protocol with violations of basic operation procedures, and humane and legal detainee treatment with harsh interrogation methods and torture […].

Tortured Law
VIDEO K5304 .T675 2009
Note: This video features TJSL Prof. Marjorie Cohn
From the Publisher: President Barack Obama has ended six years of American torture of suspected terrorists arising from the aftermath of the 9-11 attacks. The torture was originally outlined and sanctioned in 2002 by a series of memos drafted by lawyers in the Department of Justice’s Office of Legal Counsel. Were these lawyers simply giving the President their best legal advice? Or was their work part of a larger conspiracy to distort the law and authorize torture?

Attorney General Eric Holder recently announced an investigation of CIA interrogators who exceeded the authority provided by the “torture memos.” But the officials who ordered these actions, and the lawyers who provided the legal cover have not been held accountable.

The End of Reciprocity: Terror, Torture, and the Law of War
Mark Osiel
KZ6471 .O845 2009
From the Publisher: Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America’s most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simpleminded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.

International Legal Standards for the Protection from Refoulement: A Legal Analysis on the Prohibitions on Refoulement Contained in the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture
C.W. Wouters
K3230.R45 W68 2009
From the Publisher: Every year, millions of people are seeking protection from countries other than their own for fear of being tortured, persecuted or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek and enjoy protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure; in dire need of knowing, understanding and receiving their rights. This book explores the basic right of every forcibly displaced person to be protected from refoulement. The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties: the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the  responsibilities of States deriving from these prohibitions. The four treaties are analysed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States, which have obliged themselves to protect people from becoming victims of unspeakable atrocities.

Our Nation Unhinged: The Human Consequences of the War on Terror
Peter Jan Honigsberg
KF9625 .H66 2009
From the Publisher: Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, “Kill me!” Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration’s response to the attacks of September 11, 2001—and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.

The Treatment of Prisoners Under International Law
Nigel Rodley with Matt Pollard
K5519 .R63 2009
From the Publisher: The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic.  Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. […] Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

Law, Technology & Communications – Recent Acquisitions

Complinet
INTERNET
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Composition & Copyright: Perspectives on Teaching, Text-making, and Fair Use
edited by Steve Westbrook
KF3020 .C66 2009
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Endless Money: The Moral Hazards of Socialism
William W. Baker
HG230.3 .B354 2010
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International Law and the Proliferation of Weapons of Mass Destruction
Daniel H. Joyner
KZ5675 .J69 2009
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International Trade Law
Andrew T. Guzman, Joost H.B. Pauwelyn
K3943 .G896 2009
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IP Client Strategies in the EU: Leading Lawyers on Understanding European Intellectual Property Laws, Staying Ahead of Changing Regulations, and Developing IP Protection Strategies in a Global Economy
KJE2636 .I63 2009
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Pharmaceutical Industry Antitrust Handbook
KF3885 .P53 2009 (New Book Shelf)
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Private Equity Fund Exposure and Protection: Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement
K1116 .P75 2009
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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
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The Software License Unveiled: How Legislation by License Controls Software Access
Douglas E. Phillips
K1443.C6 P48 2009 (New Book Shelf)
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State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society
Bita Amani
K1519.B54 A74 2009
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State Antitrust Practice and Statutes
editorial board, Harvey I. Saferstein
KF1650 .S7 2009
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Why Do Governments Divest?: The Macroeconomics of Privatization
Alfred Schipke
HD3845.6 .S355 2001
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AskThom Virtual Reference Service

Get real-time reference help with our new virtual reference service, AskThom. It’s ideal for those away-from-school questions or for the quick questions you don’t ask because you’re on the second floor of the library and we’re down on the first floor. AskThom should be helpful to everyone – from those of you currently in legal writing classes to those who are taking upper level paper classes.

AskThom is available Monday through Friday, from 9 am to 6 pm. At other times, feel free to e-mail Jane at jlarrington@tjsl.edu or Patrick at pmeyer@tjsl.edu.

TJSL Library Closed MLK Day

The Thomas Jefferson School of Law, including the Library, will be closed on Monday, January 18, 2010 in observance of the Martin Luther King, Jr. holiday.

Missed New Student Orientation? Need Lexis, Westlaw, and CALI access?

If you missed Library Orientation, drop by and talk to one of the Librarians. We have Library Orientation packets and will help you get your Westlaw, Lexis, and CALI accounts established.

Welcome New Students!

We hope to see you all at the Tues., January 12th orientation session on Library Services, Lexis, and Westlaw/TWEN . We’ll be meeting in CYB 200 from 2:15 — 3:45pm. Please bring your laptops as we will lead you through the registration process for several online databases you’ll be expected to use during and after law school.

Drop by the library to see our displays and find out how the library can help you succeed in your first semester of law school. Meet our friendly library staff, check out our study guides collection, and scope out your favorite study spot.

Welcome to TJSL!

Torture In and By the United States Conference Display

The goal of the Torture In and By the United States of America international conference is to raise public awareness about the use of torture in and by the Unites States of America and in other countries of the world. Prominent legal scholars who are experts in the field of torture will discuss the many controversial issues related to  the definition of torture, proposed justifications for the use of torture, the international and domestic legal instruments prohibiting torture and its continued use to protect national security.

The Library Lobby display features a selection of books and articles published by featured speakers William J. Aceves, Jordan J. Paust, Michael P. Scharf, and TJSL professors Susan Tiefenbrun and Marjorie Cohn, attending the Torture In and By the United States of America international conference to be held on campus on January 29, 2010.

January is Poverty Awareness in America Month

Today, 37.3 million Americans—and 1 in 6 children (that’s 18 percent of all American children)-are living below the poverty line.  They live in families who are of necessity making hard choices between food, health care, heat and rent. To bring attention to this national crisis, the Catholic Campaign for Human Development (CCHD) has designated January as “Poverty in America Awareness Month.”

Come by the Library Lobby and look over our display books and DVD’s that discuss and explore the social and legal issues surrounding the plight of the poor in America.